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Tuesday, April 24, 2012

7th Circuit Upholds Elimination of Village Position

In Benedix v. Village of Hanover Park, No. 11-1096 (April 17, 2012), the Seventh Circuit affirmed the lower court's dismissal of a lawsuit brought by a former Village employee whose position was eliminated as part of the Village's restructuring plan.  The employee claimed that she was improperly fired because of her association with the dismissed Village Manager.  The lower court had previously dismissed the complaint against the Village based on legislative immunity because the restructuring plan was adopted by an ordinance.  Although the Seventh Circuit determined that legislative immunity did not apply to the Village as a defendant, the Court upheld the dismissal on other grounds.  Specifically, the Court determined that as the Executive Coordinator to the Village Manager, Plaintiff was properly classified as a confidential employee who could be hired and fired on account of politics, or in this case, friendship. 

Post Authored by Julie Tappendorf, Ancel Glink.


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