Lopez v. Winchell's Donut House

126 Ill. App. 3d 46, 466 N.E. 2d 1309 (1984)

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Nature of the Case

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Facts

Lopez (P) was employed at Winchell's Donut House for approximately three years. James Cesario, D's employee, called P one afternoon and asked her to come down to the donut shop, giving no reasons why. Upon her arrival, Cesario asked her to accompany him into the baking room, located at the rear of the store. Ralph Bell, another employee of D, was present in the room. They asked her to be seated and closed the door and locked it by putting the 'little latch on.' They accused her of selling donuts without registering the sale. They refused to show her proof of this, which they said was in Bell's briefcase. Bell and Cesario never told her that she had to answer the questions and made no threats to her. She testified that she never feared for her safety and there was never a point when she said, 'I want to leave' and was prevented from doing so. She got up and left the room when she first decided to. She stated that she left the baking room after she began to shake, and when she felt she was becoming ill. She was terminated from her employment. The trial court entered summary judgment for D. P appealed, asserting that she felt compelled to remain in the baking room so that she could protect her reputation by protesting her innocence to the two men. She also attributed 'serious emotional upset' from intimidation due to Cesario sitting directly next to her, and Bell's repeated statements that his briefcase contained proof and he raised his voice.