the workers' compensation claim of plaintiff. On March 13, 1991, Boyer notified plaintiff that his workers' compensation claim was denied. After plaintiff filed a petition for an emergency hearing, the workers' compensation benefits were paid by IPM.
As a result of his injury, plaintiff underwent multiple knee surgeries which kept him out of work for over two years. During this period, plaintiff received total temporary disability benefits from IPM pursuant to the Act. On May 26, 1993, plaintiff returned to work at IPM's Schaumburg facility with significant medical restrictions imposed by his doctor.
On June 8, 1993, Boyer notified plaintiff that his total temporary disability benefits would stop because IPM would be providing plaintiff with a job within his medical restrictions.
In September, 1993, plaintiff began work at IPM's Woodstock, Illinois facility, which is more than 250 miles from plaintiff's home in Pierceton, Indiana. During the first two days on the new job, plaintiff sat at a desk and took inventory of small maintenance items. Then, plaintiff was told to sit at his desk and drink coffee because there was no other work for plaintiff. Plaintiff asked IPM for a more meaningful job closer to his home, but IPM did not respond. After approximately two weeks, plaintiff resigned. Plaintiff was unable to continue working due to the meaningless nature of his job and the difficulty traveling the distance to the job.
In November 1993, plaintiff's attorney received an internal memo written by an IPM Department of Human Resources employee to another IPM employee which recommended a plan of discrimination against plaintiff. The memo, dated May 4, 1993, stated that IPM's representative from Boyer called IPM regarding plaintiff's release for light duty work with many restrictions. The memo said that a light duty job should be found as far away as possible from plaintiff's home. Boyer's representative believed that plaintiff would turn down the job enabling Boyer to settle and close the case. It further stated that, if IPM said it had no light duty available for plaintiff, IPM would be forced to pay for vocational training.
On March 24, 1994, plaintiff filed the instant complaint alleging that IPM and Boyer retaliated and discriminated against him in violation of section 4(h) of the Act.
On a motion to dismiss, the court accepts all well-pleaded factual allegations as true, as well as all reasonable inferences drawn from these allegations. Mid America Title Co. v. Kirk, 991 F.2d 417, 419 (7th Cir. 1993). Because federal courts simply require "notice pleading," this court must construe pleadings liberally. Leatherman v. Tarrant County Narcotics Intelligence and Coordination Unit, 122 L. Ed. 2d 517, 113 S. Ct. 1160, 1163 (1993) (emphasis in original). A complaint's mere vagueness or lack of detail is not sufficient to justify dismissal. Strauss v. City of Chicago, 760 F.2d 765, 767 (7th Cir. 1985). A complaint need not specify the correct legal theory or point to the right statute to survive a motion to dismiss. Tolle v. Carroll Touch, Inc., 977 F.2d 1129, 1134-35 (7th Cir. 1992) (citing Bartholet v. Reishauer A.G., 953 F.2d 1073, 1078 (7th Cir. 1992)).
Section 4(h) of the Act provides as follows:
It shall be unlawful for any employer, insurance company or service or adjustment company to interfere with, restrain or coerce an employee in any manner whatsoever in the exercise of the rights or remedies granted to him or her by this Act or to discriminate, attempt to discriminate, or threaten to discriminate against an employee in any way because his or her exercise of the rights or remedies granted to him or her by this Act.