City of Monmouth v. Thomas — City may sue to recoup disability benefits forfeited through secondary employment

Case
The City of Monmouth v. Justin Thomas
Court
Illinois Appellate Court, Fourth District
Judge
Justice DeArmond; Justice Cavanagh; Justice Harris
Date Decided
October 13, 2026
Docket No.
No. 4-25-0830
Topics
Public employee disability benefits; Implied private right of action; Secondary employment; Forfeiture
Source
Read the full opinion

Background

The City of Monmouth alleged that Justin Thomas received $55,370.66 in benefits under Illinois’s Public Employee Disability Act while engaging in secondary employment beginning February 10, 2023. The Act prohibits a disabled employee receiving its continuing compensation from being employed elsewhere and provides that a person who violates that prohibition forfeits continuing compensation from the time the employment begins.

The City sued to recover the payments, alleging an implied right of action under the Act and, alternatively, unjust enrichment. The Warren County circuit court dismissed the statutory count, concluding that the Act was not designed to protect public employers from the injury the City asserted and that unjust enrichment supplied an adequate alternative remedy.

The Court’s Holding

The Fourth District reversed and remanded. Applying Illinois’s four-factor test for an implied statutory right of action, the court held that the Act implies a cause of action for public employers to recover disability payments made to employees who engage in prohibited secondary employment while receiving benefits.

The court reasoned that the Act serves both to compensate public employees injured in the line of duty and to protect public employers from improper or duplicative payments. Its forfeiture provision addresses the City’s claimed injury, and allowing recovery advances the statutory prohibition on secondary employment. Unjust enrichment was not an adequate substitute because a statutory action requires forfeiture and disgorgement upon proof of payments and secondary employment, rather than the additional equitable showing required for unjust enrichment.

Key Takeaways

  • A public employer may bring an implied action under the Public Employee Disability Act to recover benefits forfeited by prohibited secondary employment.
  • The Act’s protections extend beyond injured employees to public employers paying disability compensation.
  • Recovery under the implied statutory claim turns on payments made during secondary employment, not on an unjust-enrichment calculation.

Why It Matters

The decision gives Illinois public employers a direct statutory vehicle to seek recoupment of disability benefits paid after an employee begins secondary employment. It also confirms that an existing equitable claim does not necessarily foreclose an implied statutory cause of action when the statutory remedy is materially different.

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