The City of East St. Louis argues that a former captain of the fire department failed to exhaust all of his administrative remedies in a suit alleging he was not paid for accumulated sick and vacation days upon retirement.
Broderick Hawkins filed the complaint against East St. Louis on May 24, alleging he was employed as a captain in the East St. Louis Fire Department prior to his retirement on June 30, 2017.
According to the complaint, Hawkins alleges that upon his retirement, he was not paid $16,996.32 in accumulated sick pay, $7,725.60 for 10 days of accumulated vacation days, and $3,000 pursuant to a memorandum of understanding between the firefighters’ union and the city.
As a result, he alleges the defendant is in violation of the Illinois Minimum Wage Law.
“Every employer shall pay the final compensation of separated employees in full, at the time of separation, if possible, but in no case later than the next regularly scheduled payday for such employee,” the suit states.
East St. Louis answered the complaint on July 3 through attorney Charles Baricevic of Chatham & Baricevic in Belleville, denying liability.
In its affirmative defenses, the defendant argues that Hawkins failed to state a claim for which relief can be granted and failed to exhaust all of his administrative remedies.
Hawkins filed a motion for change of venue or substitution of judge from Circuit Judge Stephen McGlynn on June 26 through attorney George Ripplinger of Ripplinger & Zimmer LLC in Belleville.
McGlynn granted the motion on July 2 and transferred the case to Chief Judge Andrew Gleeson for reassignment.
Hawkins seeks a judgment against the defendant for $27,721.92, plus 2 percent interest per month on each missed or withheld payment, attorney fees and court costs.
St. Clair County Circuit Court case number 19-L-394