Sardiga v. Northern Trust Co.
409 Ill. App. 3d 56
| Ill. App. Ct. | 2011Background
- Sardiga, plaintiff-appellant, was employed as vice-president in Northern Trust's Financial Consulting group and was terminated less than a year later.
- He filed a two-count complaint alleging retaliatory discharge and a violation of the Illinois Whistleblower Act (740 ILCS 174/1 et seq.).
- Count II contends Sardiga refused to participate in activities he believed violated law, prompting retaliation by Northern Trust.
- Sardiga claimed multiple concerns: licensing of financial planners, presence of wealth strategists at meetings, bonus disclosures, allegedly misleading marketing, and confidentiality issues in the contact management system.
- Northern Trust sought summary judgment on the Whistleblower Act claim, arguing Sardiga did not plead or prove a refusal to participate in illegal activity.
- The trial court granted summary judgment on count II; Sardiga appeals seeking reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 'refusing to participate' requires actual refusal under the Act | Sardiga argues repeated complaints suffice to meet 'refusal'. | Northern Trust contends 'refusing to participate' means actual refusal to participate in illegal activity. | Plain-language requires actual refusal; complaints alone do not satisfy the Act. |
Key Cases Cited
- Robinson v. Alter Barge Line, Inc., 513 F.3d 668 (7th Cir. 2008) (affirmed that mere complaint without refusal cannot support Act claim)
- Zuccolo v. Hannah Marine Corp., 387 Ill.App.3d 561 (2008) (summary judgment standard; de novo review on appeal)
- Callahan v. Edgewater Care & Rehabilitation Center, Inc., 374 Ill.App.3d 630 (2007) (Whistleblower Act did not preempt common-law retaliatory discharge)
- County of Du Page v. Illinois Labor Relations Board, 231 Ill.2d 593 (2008) (statutory interpretation; plain meaning governs)
- State Farm Mutual Automobile Insurance Co. v. Habitat Construction Co., 377 Ill.App.3d 281 (2007) (summary judgment standard; material facts deemed in favor of nonmovant)
- Williams v. Manchester, 228 Ill.2d 404 (2008) (definition and application of material fact and de novo review)