Prorok v. Winnebago County
Prorok v. Winnebago County
Opinion
¶ 1 This case presents the question of whether a claim for back pay against a public employer under the Illinois Wage Payment and Collection Act (Wage Act) ( 820 ILCS 115/5 (West 2016) ) is subject to the 1-year limitations period in the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) ( 745 ILCS 10/8-101(a) (West 2016)) or the 10-year limitations period applicable to claims arising under the Wage Act ( 735 ILCS 5/13-206 (West 2016) ). We hold today that the Tort Immunity Act does not apply to such claims, and therefore the 10-year limitations period is applicable.
¶ 2 From February 1978 to October 2007, plaintiff, Charles J. Prorok, was employed as an assistant state's attorney by defendant, Winnebago County (County). According to his complaint, when Prorok left the County's employment in October 2007, he had not been paid for 526 hours of accrued and unused vacation time. Under the Wage Act, the "monetary equivalent of earned vacation" is part of the "final compensation" that must be paid to the employee by the next regularly scheduled payday following his or her separation. 820 ILCS 115/2, 5 (West 2016). In August 2016, Prorok filed a single-count complaint in Winnebago County circuit court under the Wage Act, seeking judgment in the amount of $30,142.43 as compensation for his unpaid, unused vacation time.
*1055 ¶ 3 The County filed a motion to dismiss, which admitted the legal sufficiency of Prorok's complaint (see 735 ILCS 5/2-619(a)(9) (West 2016)), but asserted that his claim was barred by the one-year limitations period in section 8-101(a) of the Tort Immunity Act ( 745 ILCS 10/8-101(a) (West 2016)). Prorok responded that his claim "d[id] not fall within" the provisions of the Tort Immunity Act and that "the appropriate statute of limitations" was the 10-year limitations period applicable to claims arising under the Wage Act. See 735 ILCS 5/13-206 (West 2016). The County responded in turn that Prorok was essentially seeking "equitable relief" and "damages" and that therefore the Tort Immunity Act's 1-year limitations period prevailed over the 10-year provision-in essence, that the 10-year limitations period applied only to claims against private employers.
¶ 4 The trial court granted the County's motion to dismiss and stated that, because the County was a public employer and because Prorok's Wage Act claim sought monetary or "essentially equitable" relief that could be "characterized as damages," the one-year limitations period applied. Thus, because Prorok's complaint was not brought within one year of his separation from the County, i.e. , by October 2008, his complaint was dismissed.
¶ 5 Prorok appeals, and we reverse. We review the trial court's ruling on a motion to dismiss
de novo
. See
Patrick Engineering, Inc. v. City of Naperville
,
¶ 6 The County's arguments focus primarily on whether Prorok's suit, based in part on the Wage Act, has alleged an "injury" as defined by section 1-204 of the Tort Immunity Act. 745 ILCS 10/1-204 (West 2016). That is a matter on which reasonable people could certainly disagree. See,
e.g.
,
Rozsavolgyi v. City of Aurora
,
¶ 7 The purpose of the Tort Immunity Act is to protect local public entities and their employees from liability arising from the operation of government.
Coleman v. East Joliet Fire Protection District
,
*1056
¶ 8 In this case, the County and the trial court focused on the fact that Prorok sought "equitable" relief that could be "characterized as damages." What the County and the trial court failed to consider was the nature of the liability Prorok alleged, which is significant because not all damages are of the same type. Claims for damages can arise from the breach of a legal duty (
i.e.
, in tort, or
ex delicti
) or from the breach of a contractual promise (
i.e.
,
ex contractu
). See generally
Armstrong
,
¶ 9 We determine that Prorok's claim for back pay falls outside the scope of the Tort Immunity Act, under the plain language of sections 2-101 and 1-204. Prorok's claim was for wages for work he already performed, and that claim necessarily arose from his employment with the County. At oral argument, the County emphasized that Prorok was an "at-will employee," but that observation only highlights the crucial point-that employment at-will is essentially a
contractual
relationship, one that is accepted by the employee's having worked for the agreed wages and benefits. See generally
Jones v. Municipal Employees' Annuity & Benefit Fund
,
¶ 10 But in this case, Prorok's claim was based on his contractual relationship with the County, and for the purpose of determining the applicable limitations period, the salient point is that Prorok's complaint sounded in contract. See
Armstrong
,
¶ 11 In sum, we reverse the judgment of the circuit court of Winnebago County and remand this cause to the trial court for further proceedings.
¶ 12 Reversed and remanded.
Justices McLaren and Jorgensen concurred in the judgment and opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.