October 2010 issue of HR News magazine - IPMA
October 2010 issue of HR News magazine - IPMA
October 2010 issue of HR News magazine - IPMA
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
labor relatioNs<br />
CONTINUED FROM PAGE 25<br />
encouraged his daughter to file an EEOC<br />
charge. These form the basis <strong>of</strong> his First<br />
amendment suit.<br />
The Seventh Circuit rejected both<br />
arguments, finding that there was nothing<br />
in the record showing that the speech was<br />
on a matter <strong>of</strong> public concern. Rather, he<br />
only mentioned his daughter, failed to<br />
discuss the nature <strong>of</strong> the problem or who<br />
was involved and took no further action.<br />
Similarly, encouraging his daughter to file<br />
an EEOC charge is not protected speech<br />
because there is no evidence that he did<br />
anything more than talk to his daughter. He<br />
did not participate in the charge in any way.<br />
The town <strong>of</strong> Cicero countersued, arguing<br />
that Gross breached his fiduciary duty to<br />
the city. Gross testified that he at times<br />
hired police <strong>of</strong>ficers he did not feel were<br />
qualified because he was directed by<br />
Loren-Maltese to do so. The city’s suit<br />
alleges that he breached his fiduciary duty<br />
by doing this because his job<br />
responsibilities including hiring police<br />
<strong>of</strong>ficers. The lower court ruled in the town’s<br />
favor on summary judgment but the<br />
Seventh Circuit ruled that this is an <strong>issue</strong><br />
for a jury because there is a question <strong>of</strong><br />
fact as to whether or not there was an<br />
arrangement between Loren-Maltese that<br />
Gross and his daughter would remain<br />
employed if Gross hired the <strong>of</strong>ficers Loren-<br />
Maltese wanted.<br />
The court noted that simply following a<br />
superior’s directions would not be a<br />
breach <strong>of</strong> the fiduciary duty without more.<br />
In addition, all the <strong>of</strong>ficers hired were<br />
qualified under Illinois law. —N<br />
Contact <strong>IPMA</strong>-<strong>HR</strong> Senior Director <strong>of</strong><br />
Government Affairs and Communications Tina<br />
Ott Chiappetta, either by e-mail at<br />
tchiappetta@ipma-hr.org, or by phone at (703)<br />
549-7100, ext. 244.<br />
Solutions for people who pay people.<br />
Job Classification<br />
Compensation<br />
Performance Pay<br />
Salary Surveys<br />
1335 County Road D Circle East<br />
St. Paul, MN 55109-5260<br />
Phone: (651) 635-0976 Fax: (651) 635-0980<br />
P.O. Box 32985 • Phoenix, AZ 85064-2985<br />
Phone: (602) 840-1070 Fax: (602) 840-1071<br />
www.foxlawson.com<br />
| 26 | OCTOBER <strong>2010</strong> <strong>HR</strong> NEWS MAGAZINE