Weaver v. The Board of Education of the City of Chicago
2017 IL App (1st) 161764
| Ill. App. Ct. | 2017Background
- Mary Weaver, a contract principal at Scammon Elementary, was reassigned to home on Dec. 28, 2015 following an Inspector General investigation; she continued to be paid and later took FMLA leave.
- On Apr. 1, 2016 the Chicago Board sent Weaver written dismissal charges and stated she would be dismissed unless she requested a dismissal hearing in writing within 17 days; the letter also announced a proposed suspension without pay and a separate pre-suspension hearing.
- The Office of Employee Engagement scheduled a pre-suspension hearing for Apr. 8; Weaver’s counsel (Dolan) sought a postponement and later advised Weaver would be on medical leave until May 25 and that no hearings could occur while she was on leave.
- Board counsel (Ciesil) replied that hearings could be set during leave, offered alternative dates, explained discovery limits at the pre-suspension stage, and warned that unless Dolan provided dates the pre-suspension hearing would be set for Apr. 15; no pre-suspension hearing occurred because Dolan did not provide dates.
- Weaver did not submit the statutorily required written request for a dismissal hearing within 17 days; the Board adopted a resolution dismissing her on May 25, 2016 and Weaver sought judicial review in the appellate court.
- On appeal Weaver argued (1) FMLA violation by dismissing her while on leave (later abandoned), and (2) that she was misled by Board communications such that estoppel should excuse her failure to request the dismissal hearing; she sought remand for an evidentiary hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to timely request statutory dismissal hearing (jurisdiction/exhaustion) | Weaver argued Board’s actions and communications excused the statutory written-request requirement | Board argued Weaver failed to exhaust administrative remedies and the statutory request is jurisdictional | Court found Board’s motion to dismiss denied (Weaver exhausted remedies because Board’s resolution was final) but Weaver’s failure to seek a hearing limits appellate review and relief available |
| Promissory estoppel / equitable estoppel to excuse statutory deadline | Weaver claimed counsel’s emails and Board communications misled her and Dolan into believing no written request was required | Board argued no unambiguous promise was made and estoppel seldom applies against government absent extraordinary circumstances | Court rejected estoppel: no unambiguous promise, no extraordinary circumstances, reliance not reasonably foreseeable; estoppel fails |
| FMLA claim (termination while on leave) | Weaver contended termination during FMLA leave violated her rights | Board contended termination is lawful if it would have occurred for legitimate reasons independent of leave | Court treated FMLA argument as abandoned on appeal and noted precedent allowing termination for independent legitimate reasons; did not grant relief on this basis |
| Adequacy/clarity of Board’s notice and pre-suspension process (due process) | Weaver argued communications were confusing and deprived her of process | Board argued letters clearly set separate processes and deadlines for suspension and dismissal hearings | Court held communications were clear; Weaver and counsel understood there were separate hearings; no basis to set aside dismissal for lack of notice |
Key Cases Cited
- Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532 (1976) (due process requires notice and opportunity to be heard before termination)
- Simpson v. Office of the Chief Judge, 559 F.3d 706 (7th Cir.) (termination during medical leave lawful if independent wrongdoing would have resulted in discharge)
- Kohls v. Beverly Enterprises Wisconsin, Inc., 259 F.3d 799 (7th Cir.) (employee may be fired for conduct that would have led to discharge regardless of leave)
- Hearne v. Chicago School Reform Bd. of Trustees, 322 Ill. App. 3d 467 (Ill. App. 2001) (Board decision in teacher/principal dismissal cases constitutes final administrative decision)
- Matthews v. Chicago Transit Authority, 2016 IL 117638 (Ill.) (equitable estoppel against government requires extraordinary and compelling circumstances)
Outcome: Affirmed.