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Balla v. Gambro, Inc. | 584 N.E.2d 104 (1991)
The vast majority of states, including Illinois, follow the employment-at-will doctrine, meaning that an employer can generally terminate an employee with or without cause at any time without facing liability. But most states also recognize exceptions to that doctrine. In Balla versus Gambro, Incorporated, we explore the intersection of one such exception—tort liability for retaliatory discharge—and the attorney-client relationship.
Illinois attorney Roger Balla worked as in-house counsel for Gambro, Incorporated, a distributor of kidney dialysis equipment manufactured by a German counterpart. The manufacturer notified Gambro that it intended to ship Gambro machines that may have been ineffective for acutely ill patients. Balla informed Gambro’s president that the machines didn’t comply with regulations from the United States Food and Drug Administration, or FDA, and encouraged rejection of the shipment. When the president decided to ignore Balla’s recommendation, Balla stated his intent to do everything possible to prevent the sale of the machines. The president then terminated Balla’s employment.
Balla filed suit against Gambro for retaliatory discharge, seeking twenty-two million dollars in damages. In response, Gambro filed a motion for summary judgment, arguing that discharged in-house counsel couldn’t pursue claims for retaliatory discharge because clients have an absolute right to terminate their attorneys.
The trial court granted Gambro’s motion for summary judgment, but the appeals court reversed. Gambro appealed to the Illinois Supreme Court.
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