Illinois Supreme Court Affirms Liability Against Former Employer For Unlawful Investigation Methods Used By Private Investigators In Non-Competition Investigation Into Activities By Ex-Sales Agent

Recognizing the trend across Illinois appellate courts in recent years, the Illinois Supreme Court joined the “vast majority of other jurisdictions” in recognizing the tort of intrusion upon seclusion – a claim against one who intentionally intrudes upon another’s privacy if such intrusion would be highly offensive to a reasonable person. In Lawlor v. North American Corporation of Illinois, 2012 IL 112530, (Oct. 18, 2012), the departure of a successful sales agent, Lawlor, from the company to a direct competitor, spurred the employer to launch an investigation into whether Lawlor breached her duty of loyalty and non-compete obligations to the company. Lawlor’s departure eventually led to both parties asserting claims against each other relating to commission payments, Lawlor’s compliance with her obligations to the company, and the company’ s liability for its investigator’s unlawful acts.

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