Doyle v. Holy Cross Hospital

Plaintiffs appeal a trial court dismissal of their complaint under section 2 — 619(9) of the Code of Civil Procedure. 735 ILCS 5/2—619(9) (West 1994). They allege defendant terminated their employment in violation of the terms of defendant’s employee handbook. The trial court relied on the second district decision in Condon v. American Telephone & Telegraph Co., 210 Ill. App. 3d 701, 569 N.E.2d 518 (1991), which held that an employer could unilaterally modify an existing contract to claim a contract no longer exists. We reverse.

Plaintiffs are nurses and former employees of Holy Cross…