Opinion

Cowen v. Choice Hotels International Service Corporation

Court
District Court, C.D. Illinois
Filed
Oct 9, 2025
Cited by
0 cases
Authority
More cited than 35.5%

The opinion

IN THE UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF ILLINOIS

SPRINGFIELD DIVISION

VALERIE COWEN, )

)

Plaintiff, )

)

v. ) No. 21-cv-3205

)

CHOICE HOTELS )

INTERNATIONAL SERVICE )

CORPORATION, )

)

Defendant. )

OPINION AND ORDER

SUE E. MYERSCOUGH, U.S. District Judge.

Before the Court is Defendant Choice Hotels International

Service Corporation’s Motion for Reconsideration (d/e 45), Plaintiff

Valerie Cowen’s Memorandum in Opposition (d/e 47), and

Defendant’s Reply (d/e 48). Because Defendant is not entitled to

summary judgment on either of the grounds raised, Defendant’s

Motion for Reconsideration (d/e 45) is DENIED.

I. BACKGROUND

On September 24, 2021, Plaintiff filed a two-count Complaint

with this Court against Defendant. See d/e 1. Plaintiff alleged in

Count I that Defendant violated her rights under Title VII of the

Civil Rights Act of 1964 by discriminating against her on the basis

of her gender. See d/e 1. Plaintiff alleged in Count II that Defendant

misclassified her as an independent contractor, depriving her of

benefits under the Unemployment Insurance Act (“Unemployment

Act”), 820 ILCS 405/212, and the Illinois Wage Payment and

Collection Act (“Wage Act”), 820 ILCS 115/2. See d/e 1.

On August 20, 2024, Plaintiff filed a one-count Amended

Complaint with this Court, alleging that Defendant misclassified her

as an independent contractor, depriving her of benefits under the

Unemployment Act, 820 ILCS 405/212, and the Wage Act, 820

ILCS 115/2. See d/e 37. On January 15, 2025, the parties filed a

Joint Status Report and Mutual Renewed Requests for Summary

Judgment requesting that this Court revisit the parties’ previously

filed cross motions for summary judgment on Count II. See d/e 43

(referencing d/e 19, 20, 22, 24, 26, 29, 33, 34).

On April 4, 2025, this Court entered an Opinion and Order

(d/e 44) granting Plaintiff's Motion for Partial Summary Judgment

(d/e 19) as to Plaintiff's status as an employee of Defendant under

§ 212 of the Unemployment Act, 820 ILCS 405/212, and § 2 of the

Wage Act, 820 ILCS 115/2 and denying Defendant's Motion for

Summary Judgment (d/e 22).

On May 2, 2025, Defendant filed a Motion for Reconsideration

(d/e 45). On May 30, 2025, Plaintiff filed a Memorandum in

Opposition (d/e 47), to which Defendant filed a Reply (d/e 48) on

June 6, 2025.

II. ANALYSIS

A. Defendant is not entitled to summary judgment due to

Plaintiff’s failure to exhaust the required administrative

process on her Unemployment Act claim.

Defendant argues that because Plaintiff did not introduce any

Illinois Department of Employment Security (“Department”) “filing

by Plaintiff, let alone a determination made by” the Department’s

Board of Review as to her benefits eligibility, Plaintiff “fails to allege

or establish she exhausted the [Department’s] administrative

process before seeking review by this Court” such that “summary

judgment in Defendant’s favor is appropriate[.]” d/e 45, pp. 2, 4.

Defendant cites to the Unemployment Act provision stating that

judicial review of Department Board of Review benefits decisions

“shall be permitted only after any party claiming to be aggrieved

thereby has exhausted his administrative remedies as provided by

this Act.” 820 ILCS 405/1100; see also d/e 45, pp. 4-5.

Defendant also cites to Angelo v. Board of Review, Department

of Labor, 58 Ill. App. 3d 50 (1978), in which the Illinois Fourth

District Court of Appeals found the plaintiffs “failed to take timely

appeal from the orders of the claims adjudicator and the referee,

respectively, ruling that they were not entitled to benefits.” Id. at 51;

see also d/e 45, p. 5. Defendant asserts that Plaintiff does not

“provide a legitimate basis” for her failure to exhaust the

administrative process or any caselaw allowing “her to file a

substantive claim seeking unemployment benefits in court without

first having engaged in the statutorily required [Department]

processing of her claims.” Id.

Pursuant to the Illinois Administrative Code, “an initial claim

for unemployment insurance benefits may be filed in person at any

local office or over the telephone or on the internet at the

Department's website.” Ill. Admin. Code tit. 56, § 2720.100(b).

Plaintiff alleged material facts, which Defendant does not dispute,

that she attempted to apply for unemployment benefits:

Several days after April 21, 2020, Cowen attempted to

make [an] application for unemployment benefits with the

[Department] … Because of the pandemic, the local office

of the Department was closed. Cowen attempted to apply

for unemployment benefits electronically on the

Department’s website. In that process she was able to

complete the first screen of the application. However, the

second screen listed her employer as Lincoln Land

Community College, not Choice Hotels [¶23 Cowen

Affidavit]. Cowen could not get beyond the second screen

to complete the application since her employer was Choice

Hotels, not Lincoln Land Community College. She

attempted to reach out to the Department telephonically

on a number of occasions for guidance. Each time she left

a voicemail. Her calls were never returned [¶24 Cowen

Affidavit]. Prior to accepting employment with the

Chatham School District, Cowen made a number of efforts

to complete the application for unemployment benefits.

Because she could not complete the form electronically

and none of her calls were returned, she was unsuccessful

[¶25 Cowen Affidavit].

d/e 26, pp. 11-12; d/e 34, p. 9.

Plaintiff argues that Defendant’s name, Choice Hotels, “did not

appear on the application screen [] because [Defendant] failed to do

what was required of it.” d/e 47, p. 4. Plaintiff points to Defendant’s

acknowledgment that it “did not and would not have made any

quarterly unemployment insurance contributions for someone who

was not its employee,” see id. at p. 5 (quoting d/e 34, p. 13), and to

the Illinois Administrative Code provision requiring employers to

report their employees’ names and wages to the Department

pursuant to the Unemployment Act. See Ill. Admin. Code tit. 56,

§ 2760.125.

The Court finds that Plaintiff “exhausted [her] administrative

remedies as provided by” the Unemployment Act to the extent that

the provided avenues allowed her. 820 ILCS 405/1100. Based on

the undisputed facts, the parties agree that pandemic closures

precluded Plaintiff from filing “an initial claim for unemployment

insurance benefits…in person at any local [Department] office[.]”

See d/e 26, p. 12; d/e 34, p. 9; see also Ill. Admin. Code tit. 56,

§ 2720.100(b). Plaintiff tried to file “over the telephone,” but the

parties agree her calls were never returned. Id. Plaintiff tried to file

“on the internet at the Department's website,” but the application’s

“second screen listed her employer as Lincoln Land Community

College, not [Defendant] Choice Hotels.” Id.

In Angelo, the claims adjudicator and referee were able to

issue orders that the plaintiffs were not entitled to benefits, such

that the plaintiffs must have successfully filed claims—something

that Plaintiff was unable to do. See Angelo v. Bd. of Rev., Dep’t of

Lab., 58 Ill. App. 3d 50 (1978); see also d/e 26, pp. 11-12; d/e 34,

p. 9. The Illinois Administrative Code does not require claimants to

compel Department offices to open, Department employees to

answer the phone, or Department online systems to run smoothly—

especially during an unprecedented pandemic.

Defendant cites to the statutory remedies offered under the

Unemployment Act, but they do not cut in favor of Defendant. While

the Unemployment Act may not provide jury trials, this Court is

capable of calculating benefits based on the evidence provided by

the parties. As to damages, both parties can argue how to weigh the

portion of unemployment benefits typically paid by the State.

The Court declines to penalize Plaintiff for the administrative

consequences of the pandemic and of Defendant’s own actions.

Therefore, Defendant’s Motion for Reconsideration (d/e 45) on the

grounds that Plaintiff failed to exhaust all administrative remedies

with the Department is DENIED.

B. Defendant is not entitled to summary judgment based

on Plaintiff’s requested relief under her Wage Act claim.

Defendant then argues that Plaintiff “failed to show Defendant

owed her the items she sought under the Wage Act” or “manifested

any assent to provide the identified retirement, benefits, health

insurance benefits, vacation pay, and expense reimbursements to

Plaintiff, who Defendant considered an independent contractor.”

d/e 45, pp. 6-7.

Pursuant to the Illinois Administrative Code provisions

promulgating the Wage Act:

“Agreement” means the manifestation of mutual assent on

the part of two or more persons. An agreement is broader

than a contract and an exchange of promises or an

exchange is not required for an agreement to be in effect.

An agreement may be reached by the parties without the

formalities and accompanying legal protections of a

contract and may be manifested by words or by any other

conduct, such as past practice. Company policies and

policies in a handbook create an agreement even when the

handbook or policy contains a general disclaimer such as

a provision disclaiming the handbook from being an

employment contract, a guarantee of employment, or an

enforceable contract.

Ill. Admin. Code tit. 56, § 300.450.

Defendant acknowledges that it maintained a “Retirement

Saving & Investment Plan” that “specifically excludes individuals

such as [Plaintiff] who have executed a contract with [Defendant]

acknowledging their status as an independent contractor.” See d/e

22, p. 22; see also d/e 22-27, p. 2. Defendant also acknowledges

that it maintained an “Employment Termination Policy” noting that

“[a]ny monies owed for time worked and/or available unused

vacation leave will be paid out as determined by state law. Available

unused sick leave and unused personal time is not paid out, unless

otherwise mandated by state law.” See d/e 22, p. 7; see also d/e

22-16, pp. 2-4.

As the Court noted in its prior Opinion and Order, under the

Unemployment Act, “the designation or description which the

parties apply to their relationship is not controlling.” d/e 44, p. 20

(quoting Ill. Admin. Code tit. 56, § 2732.200(b) (2013)). This Court

determined in its prior order that Plaintiff was an employee of

Defendant. See d/e 44, p. 36. That Defendant did not contract with

Plaintiff by name and provide her the applicable benefits under its

policies does not change the fact that Defendant was bound to its

obligations under those policies to provide its employees with

retirement benefits and vacation pay. Damages calculations as to

the amount and extent of those benefits are questions of fact to be

determined at trial.

Defendant also alleges Plaintiff did not provide any evidence

that Defendant owed Plaintiff health insurance benefits and

expense reimbursements. See d/e 45, p. 7. Illinois courts have

found benefits related to health insurance to be subject to the Wage

Act, but Plaintiff does not cite to any evidence in the record of an

applicable agreement as required under the Wage Act. See d/e 47,

pp. 5-9; see also Maas v. Bd. of Educ. of Peoria Pub. Sch. Dist. 150,

2024 IL App (4th) 231064-U, ¶ 24,

While Plaintiff may not ultimately prove that she is owed

damages on some of the employment benefits she seeks, whether

from a lack of an agreement or other applicable policy, that does not

merit summary judgment on her Wage Act claims as a whole when

the parties agree that Defendant maintained written policies on

providing Defendant’s employees with retirement benefits and

vacation pay. Therefore, Defendant’s Motion for Reconsideration

(d/e 45) on the grounds of Plaintiff’s requested relief under the

Wage Act is DENIED.

III. CONCLUSION

Because Defendant is not entitled to summary judgment on

Plaintiff’s failure to exhaust the required administrative process

under the Unemployment Act nor on Plaintiff’s requested relief

under the Wage Act, Defendant’s Motion for Reconsideration (d/e

45) is DENIED.

IT IS SO ORDERED.

ENTERED: October 9, 2025.

FOR THE COURT

/s/ Sue E. Myerscough____________

SUE E. MYERSCOUGH

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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