MATTHEW A. HURD, Plaintiff-Appellant, v. WILDMAN, HARROLD, ALLEN AND DIXON, Defendant-Appellee., 303 Ill. App. 3d 84

Summary

Plaintiff law partner appealed decision granting defendant law firm's motion for summary judgment in an action brought by plaintiff alleging breach of the parties' partnership agreement and of fiduciary duty. The court held that defendant's reliance on the Illinois Wage Payment and Collection Act (Act), 820 Ill. Comp. Stat. 115/1 et seq. (1996), to void the release he signed with defendant and entitle plaintiff to separation benefits, was misplaced. Plaintiff failed to plead a factual basis upon which to establish that he was an employee under the provisions of the Act and, thereby, entitled to protection under the Act. The court held that plaintiff failed to establish that he signed the release under economic duress. The bare allegations pled by plaintiff did not establish that he entered into the agreement under wrongful or unlawful pressure or that defendant had deprived him of his free will. Plaintiff's subjective fears concerning his economic circumstances were insufficient to ...