The November 15, 2010 Chicago Daily Law Bulletin discussed a recent federal court decision where the plaintiff’s claim under the Illinois Whistleblower Act got tossed – because the plaintiff failed to bring his alllegations to public officials.
According to the article, wiritten by Patricia Manson, the plaintiff, Gregory Zelman, worked as a piano accompanist at Hinsdale High School. He worked there from 2001 through 2008. He was terminated in 2008. Zelman sued Hinsdale High School District 86 after his termination on multiple grounds, including a count under the Illinois Whistleblower Act. Zelman alleged that while an employee, he learned of misappropriation of school property and misuse of copyrighted material. Zelman brought these matters to the District 86 Superintendent,but did NOT bring the allegations to police or government officials. After his termination, Zelman asserted that the School District was retaliating against him for speaking out about the illegal activity he allegedly observed.
The School District moved to dismiss the Whistleblower Count, arguing Zelman could not state a claim. United States District Court Judge Sharon Johnson Coleman agreed and dismissed the Whistleblower Count. In her opinion, she noted that under the Whistleblower Act, there is no cause of action where an employee reveals information only to his employer.