Madison - St. Clair Record

Friday, October 18, 2019

Former East St. Louis fire captain says exhaustion of remedies not required in wage dispute

Lawsuits

By Heather Isringhausen Gvillo | Jul 29, 2019


Baricevic

A former East St. Louis fire captain argues that no exhaustion of administrative remedies is required in his suit alleging he was not paid for accumulated sick and vacation days upon retirement.

Broderick Hawkins filed the complaint against the City of 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 his 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.


Ripplinger

He claims the defendant violated 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.

The City of 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 the plaintiff fails to state a claim for which relief can be granted and failed to exhaust all of his administrative remedies.

Hawkins filed a reply on July 12 through attorney George Ripplinger of Ripplinger & Zimmer in Belleville.

The plaintiff denies the allegations of the affirmative defenses.

He further denies that exhaustion of administrative remedies is required.

After Hawkins sought a change of venue or substitution of judge from Circuit Judge Stephen McGlynn, the case was assigned to St. Clair County Circuit Judge Heinz Rudolf.

Rudolf scheduled a mandatory status conference for Aug. 12 at 9 a.m.

Hawkins seeks a judgment of $27,721.92 in funds allegedly due from the city, plus 2 percent interest per month on each missed or withheld payment, attorney fees, costs, and all other relief the court deems just.

St. Clair County Circuit Court case number 19-L-394

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Organizations in this Story

Chatham & Baricevic Ripplinger & Zimmer St. Clair County Circuit Court

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