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Employer Law Blog

We address issues, cases and matters of statutory and regulatory compliance of employment law that can impact a business' growth and profitability.

Employer Law Blog
April 2, 2015

When Discretion is not Discretion

On March 17, 2015, the Illinois Appellate Court (First District, Second Division) issued an Opinion which was interesting because it gave life to the often-cited covenant of good faith and fair dealing in a contract. While this so-called covenant is often mentioned and discussed, few cases actually operationalize the concept, and rarely does a case base a cause of action on the covenant.