Bitner v. City of Pekin

Plaintiffs filed a lawsuit against their former employer seeking a declaratory judgment that defendant unlawfully withheld employment taxes and deducted sick and compensatory time from benefits they received under the Public Employee Disability Act. The parties filed cross-motions for summary judgment and the trial court entered summary judgment for the plaintiffs. On appeal, defendant argued that the circuit court order was incorrect for several reasons, including that the Act did not prohibit employers from withholding employment taxes from employee benefits, some of plaintiffs’ claims were barred by the statute of limitations, and that there was a genuine issue of material fact as to whether the defendant made deductions from the plaintiff’s sick and compensatory time. The appellate court reversed and remanded, finding that summary judgment was not appropriate because there was a genuine issue of material fact. (HARRIS and ZENOFF, concurring)