Lingle v. Norge Division Magic Chef

In Illinois an employee who is discharged for filing a workers compensation claim may recover compensatory and punitive damages from her employer. The question presented in this case is whether an employee covered by a collective-bargaining agreement that provides her with a contractual remedy for discharge without just cause may enforce her state-law remedy for retaliatory discharge. The Court of Appeals held that the application of the state tort remedy was pre-empted by § 301 of the Labor Management Relations Act, 1947, 61 Stat. 156, 29 U. S. C. § 185. 823 F.2d 1031 (CA7 1987) (en banc). We disagree.