Fisher v. Lexington Health Care, Inc.

The plaintiffs, Felicia Fisher and Latisha Coleman, filed this action in the circuit court of Du Page County against their former employer, nursing home operator Lexington Health Care, Inc. (Lexington), and Carmen Necum. The plaintiffs sought to imply a private right of action under section 3 — 608 of the Nursing Home Care Act (Act) (210 ILCS 45/3 — 608 (West 1996)) for retaliatory conduct by a nursing home against its employees. The circuit court granted the defendants’ motion to dismiss the complaint for failure to state a cause of action. The appellate court reversed. 301 Ill. App. 3d 547.…