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February 2010

Chicago Employment Team Obtains Dismissal with Prejudice

Hayes Ryan and Jamey Hiller obtained a dismissal with prejudice for Prairie Center Health Systems. Plaintiff filed her complaint against Prairie Center alleging claims for retaliatory discharge and violations of the Fair Credit Reporting Act. A motion to dismiss Plaintiff's complaint was filed, arguing that the Fair Credit Reporting Act excludes, for liability purposes, consumer reports that are obtained by employers for the purpose of investigating an employee's non-compliance with a pre-existing written policy of the employer. Moreover, Defendants successfully argued that Prairie Center did not violate public policy when it terminated Plaintiff after she failed to abide by clear and unambiguous corporate policies. The Court granted Defendants' motion and dismissed the case with prejudice.

James B. Hiller
J. Hayes Ryan