Wednesday, October 4, 2023
Courthouse News Service
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Store Can’t Fire Employee Over Cartoon Drawings

CHICAGO (CN) - Marshall Field's breached an employee contract by firing a worker for drawing stick figures of a female co-worker being electrocuted, boiled, guillotined, run over by a train, shot out of a cannon and tied to a rocket, an Illinois appeals court ruled.

When the co-worker's son brought the pictures to the store's attention,Marshall Field'ssuspended the artist, Gary Ross, and told him to see a psychologist.

After two visits, Ross says the psychologist told him that he suffered from depression, but was otherwise "not a threatening individual."

Marshall Field's fired him, anyway, prompting Ross to dig out his 1968 employee handbook. He claimedthe handbook constitutes a contract and states that he can only be fired through the"use of progressive discipline,"and notat-will.

The appellate court held that disclaimers in revised handbooks did not modify the contract or convert the plaintiff to an at-will employee. See ruling.

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