Legal Question in Employment Law in Illinois

I filed a retaliation case against a state agency for firing for complaining regarding misuse of federal funds. The illinois court of claims dismissed the claim with prejudice because it brought the case outside of their two year limitation. Upon further research, it has come to my attention that it should be filed under the state ethics act of 2003 as a whistleblower claim. The circuit courts has exclusive jurisdiction over these types of claims according to the act. Would my claim be barred because of the court of claims dismissal?

Asked on 4/09/14, 7:09 am

1 Answer from Attorneys

Chen Kasher Chen Kasher

Not necessarily. The court did not dismiss on the merits -- just for lack of proper jurisdiction. I'd get another lawyer and re-file, as it sounds like it could be a solid claim.

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Answered on 4/13/14, 7:11 am

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