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CAN’T FIRE FOR PRIOR ARREST ALONE

Posted by mjdadmin Uncategorized
CAN’T FIRE FOR PRIOR ARREST ALONE

In 2006, Plaintiff began working with a contractor as a janitor at a Chicago Police station. Three years later the station decided that Plaintiff could no longer work there after people learned Plaintiff was previously arrested in 1999 even though the charge was dismissed for lack of probable cause. An Illinois appellate court stated that the trial court properly found that Plaintiff’s termination violated Illinois law. Employers may terminate employees for prior conduct, but may not do so based solely on the fact that a person was arrested for that prior conduct. The court ruled that there must be information that indicates that the person actually engaged in the conduct. Murillo v. City of Chicago, 2016 IL App. (1st) 143002

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