Wrongful Termination

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7^th Circuit Court of Appeals

Case Name: Steven Yahnke v. Kane County, Illinois

Case No.: 15-2162

Officials: WOOD,Chief Judge, andMANION andROVNER,Circuit Judges.

Focus: Wrongful Termination

Appellant allegedly terminated for political affiliation fails to exhaust proper channels to dispute his termination, causing appellants due process violation claim to fail.

“Although there may be a factual dispute regarding why the Sheriff told the Merit Commission that Yahnke was waiving his hearing in favor of arbitration, that dispute is not material to Yahnke’s due process claim. It is the actions that Yahnke took and, more importantly, did not take, that led to his procedural bind. A process existed for Yahnke to challenge his termination: he could have had a hearing before the Merit Commission or he could have filed a grievance against his termination and proceeded to arbitration. But he waived the Merit Commission hearing when his union lawyer sent a letter to the Merit Commission, and then he failed to file a grievance that was adequate to challenge his termination. He may have thought that the October 15 grievance was adequate, but by his own concession, and by the findings of the Illinois courts, that grievance was not specifically addressed to the termination, which occurred two weeks after the Step Three Grievance was filed. Yahnke essentially argues the Sheriff’s statements that Yahnke had filed his intention to go to arbitration are conclusive on the issue. But the Sheriff’s characterization of events to the Merit Commission could neither preserve nor waive Yahnke’s arbitration rights. Only Yahnke could preserve his rights, and the Illinois courts found that he failed to do so when he neglected to file a grievance specifically challenging his termination. There is no evidence that the Sheriff prevented him from obtaining a hearing. Due process was available; Yahnke simply failed to perfect his request for arbitration. The district court therefore did not err in granting judgment to the defendants on the due process claim.”

Affirmed in part

Vacated and remanded in part

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