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05/05/88 John P. Grey, v. First National Bank of

May 5, 1988

JOHN P. GREY, PLAINTIFF-APPELLANT

v.

FIRST NATIONAL BANK OF CHICAGO ET AL., DEFENDANTS-APPELLEES



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION

523 N.E.2d 1138, 169 Ill. App. 3d 936, 120 Ill. Dec. 227 1988.IL.683

Appeal from the Circuit Court of Cook County; the Hon. Thomas Hoffman, Judge, presiding.

APPELLATE Judges:

JUSTICE LINN delivered the opinion of the court. JOHNSON and McMORROW, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LINN

Plaintiff, John P. Grey, filed a two-count complaint against his former employer and supervisor, First National Bank of Chicago and Daniel Wroblewski, respectively. Count I attempts to state a cause of action in "constructive retaliatory discharge," and count II sounds in intentional infliction of emotional distress.

The trial court granted defendants' motion for summary judgment on count II and dismissed count I for failure to state a cause of action.

On appeal, Grey contends that he was virtually forced to quit his job, because of defendants' misconduct, and that this court should recognize the tort of constructive retaliatory discharge. In addition, Grey argues that genuine issues of material fact precluded the summary judgment entered against him as to count II.

We affirm the trial court.

Background

Grey was employed full time by the First National Bank of Chicago from January 16, 1968, until September 14, 1979. His duties as a legal analyst with the trust department of the bank included the processing of various trust documents for review by the bank's attorneys.

Grey's immediate supervisor from 1976 until his termination in 1979 was Daniel Wroblewski. According to the allegations of Grey's complaint, Wroblewski caused him to resign by harassing him in retaliation for Grey's opposition to the bank's filing an allegedly perjured affidavit in a Federal class action. The affidavit purported to excuse the bank's untimely submission of claims on behalf of certain trust accounts. Wroblewski also allegedly mistreated minority and handicapped employees.

According to Grey, in March 1978 he was approached by another employee whose responsibility it was to mail proofs of claim to the Federal court in California in connection with the class action. This employee, Linda Matsler, told Grey of her concern as to the timeliness of the claims because she thought a deadline had expired. Approximately a month later, Grey saw one of the bank's attorneys, Helen Hahne, repeatedly place a document on Matsler's desk, apparently requesting her to sign it, which Grey did not observe Matsler do while he was watching.

Matsler was relieved of her responsibility for the class action assignment in May or June 1978. She complained to Grey that she was being overburdened with work assignments, which included filing of dockets in cabinets over five feet off the ground. Matsler stood 4 feet 10 inches and had a crippled leg. In August 1978 Matsler left the bank to attend law school.

In the summer of 1978, plaintiff's mother was hospitalized for two weeks because of a heart attack. Grey told Wroblewski that he was upset because it was his mother's second heart attack and his father had previously died from a heart attack and stroke. Both parents suffered from hypertension and Grey believed he was a good candidate ...


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