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“The life of the law has not been logic; it has been experience.”

-Oliver Wendell Holmes, Jr.

If You Are An Employee Don’t Admit Termination If You Want To Plead Failure To Recall

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In Shelton v. OSF Saint Francis Medical Center, 2013 IL App (3d) 120628 (June 19, 2013), the plaintiff alleged in a verified amended complaint that she was terminated from her employment. The Court found this was a judicial admission. The plaintiff’s cause of action was based, however, on the single theory of retaliatory failure to recall her to employment. The Court concluded that the plaintiff’s admission in her complaint and numerous statements including her letter to the employer and an agreed statement for trial showed that the judicial admission of termination was binding and was not the result of inadvertence or mistake. Therefore, the admission was fatal to her cause of action for failure to recall.

Categories Employment Law



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