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UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

TRACEY WILLIAMS and SKYLA HEARN, )

)

 Plaintiffs, )

)

) Case No. 20-cv-4554

)

v. )

) Plaintiffs Demand Trial by Jury

)

DUSABLE MUSEUM OF AFRICAN AMERICAN )

HISTORY, INC. )

)

Defendant. )

COMPLAINT

NOW COMES Plaintiffs, TRACEY WILLIAMS and SKYLA HEARN, by their attorneys LAD 

LAW GROUP, P.C, and complains as follows against Defendant DUSABLE MUSEUM OF 

AFRICAN AMERICAN HISTORY, INC.:

PARTIES AND JURISDICTION

1. Plaintiff TRACEY WILLIAMS (“Williams”) is a citizen of the United States of 

America, and a citizen and resident of Country Club Hills, Illinois, County of Cook. 

2. Plaintiff SKYLA HEARN (“Hearn”) is a citizen of the United States of America, and a 

citizen and resident of Chicago, Illinois, County of Cook. 

3. Defendant DUSABLE MUSEUM OF AFRICAN AMERICAN HISTORY, INC.

(“DuSable” or “Defendant”) is a not-for-profit organization, organized under the laws of 

the state of Illinois, with offices located in, and doing business in Chicago, Illinois, 

County of Cook. 

4. At all relevant times, Defendant was an employer as that term is defined in 29 U.S.C. § 

1002(5).

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5. At all relevant times, Plaintiffs were employees of Defendant as that term is defined in 29 

U.S.C. § 1002(6).

6. At all relevant times, Defendant maintained employee benefits plans under 29 U.S.C. § 

1002(1).

7. At all relevant times, Plaintiffs were participants in Defendant’s offered employee 

benefits plans under 29 U.S.C. § 1002(7).

8. This is an action for damages for violation of Employee Retirement Income Security Act 

of 1974, 29 U.S.C. § 1001 et seq., the Illinois Wage Payment and Collections Act 820

ILCS 115/1, et seq., and common law claims of breach of fiduciary duty, conversion 

fraud, and promissory estoppel. 

9. This Court has jurisdiction to hear this Complaint pursuant to 28 U.S.C. §1331, §1343, and 

§1367. 

FACTS

10. Plaintiffs both worked for DuSable as full-time employees, and entitled to enroll in 

certain benefits plans as employees. 

11. Plaintiff Williams began working for DuSable Museum in February 1993, as Director of 

Special Events, a position she held throughout her employment with Defendant. 

12. Plaintiff Hearn began working for Defendant in April 2016. Her final position with 

Defendant was Chief Archivist and Special Collections Librarian.

13. During Plaintiffs employment, both received Defendant’s Employee Handbook (“the 

Handbook”), agreeing that they would become familiar with, and abide by its contents.

14. DuSable’s handbook provided, in relevant part:

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a. “You will be paid bi-weekly for all the time you have worked during the past pay 

period. Your payroll stub itemizes deductions made from your gross earnings.” 

(Section 2-9)

b. “By law, the Museum is required to make deductions for Social Security, federal 

income tax and any other appropriate taxes.” (Section 2-9)

c. “If you believe there is an error in your pay, bring the matter to the attention of 

the Manager of Human Resources immediately so the Museum can resolve the 

matter quickly and Employees can also access pay information on 

www.MyADPResource.com” (Section 2-9)

d. “...it is DuSable Museum of African American History's policy to provide a

combination of supplemental benefits to all eligible employees In keeping with 

this goal, each benefit program has been carefully (Section 3-1)

e. “DuSable Museum of African American History (including the officers and 

administrators who are responsible for administering the plans) retains full 

discretionary authority to interpret the terms of the plans, as well as full discretionary 

authority with regard to administrative matters arising in connection with the plans 

and all issues concerning benefit terms, eligibility and entitlement.” (Section 3-1)

f. “DuSable Museum of African American History strongly encourages employees 

to use direct deposit to their savings or checking accounts. The ALINE paycard is 

also available to museum employees. Funds are automatically loaded onto a 

branded prepaid card for immediate access to their money. Authorization forms 

are available from the Manager of Human Resources. Employees can also access 

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direct deposit and ALINE paycard information on www.MyADPResource.com 

...” (Section 2-10)

15. During the course of both Plaintiffs’ employment, they received payment of wages via 

ACH deposit, through ADP Payroll Services. The wages were received by-weekly, at the 

end of each week.

16. The wages were accompanied by itemized deductions, showing deductions for state, 

federal, and local taxes, health insurance premiums deductions, and deductions for 

retirement plans. 

17. Plaintiffs could go online to www.MyADPResource.com, as stated in the Handbook, to 

review their wages for each pay period, and see their itemized deductions. 

18. In approximately January 2020, DuSable abruptly, and without prior notice to Plaintiffs, 

stopped issuing Plaintiffs’ wages though ADP, and issued paper checks from an 

operating account. 

19. Deductions were taken from the wages issued through the paper checks, but were not 

itemized, and were inconsistent with prior deductions taken when wages were paid 

through ADP Payroll Services. 

20. While working for Defendant, Plaintiff Williams was enrolled in DuSable’s group 

employee medical insurance plan, administered by third party, Blue Cross Blue Shield of 

Illinois. Plaintiff Williams was also enrolled in DuSable’s group employee dental 

insurance plan, administrated by third-party, Delta Dental. 

21. At all relevant times, DuSable agreed to deduct the employee portion of the monthly 

premiums from the wages of Plaintiff Williams, and to forward and pay a monthly 

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premium to Blue Cross Blue Shield of Illinois and Delta Dental, in exchange for medical 

and dental coverage for Plaintiff Williams.

22. At all relevant times, DuSable deducted monthly health and dental insurance premiums 

from Plaintiff Williams’s wages. DuSable acted as trustee and fiduciary in the 

administration of the medical insurance and dental insurance plans. 

23. However, at times, DuSable failed to forward the deductions to Blue Cross Blue Shield of 

Illinois and to Delta Dental, without notifying its employees of its inaction. 

24. In approximately April 2019, Blue Cross Blue Shield of Illinois terminated DuSable 

employees’ medical insurance plans, due to non-payment. The plans were not reinstated 

until July, 2019.

25. In approximately August of 2019, Delta Dental terminated DuSable employees’ dental 

insurance plans, due to non-payment. The dental plans were not reinstated during 

Plaintiff Williams’s employment. 

26. DuSable employees’ medical insurance plans were terminated again in October of 2019, 

and were not reinstated until January 2020. 

27. During each termination period, DuSable continued to deduct monthly premiums from 

the Plaintiff Williams’s wages, failed to forward them to Blue Cross Blue Shield of 

Illinois, and failed to notify Plaintiffs of its inaction. 

28. After Delta Dental terminated DuSable’s employees’ dental plans, DuSable continued to 

deduct monthly premiums from the Plaintiff Williams’s wages.

29. In approximately November 2019, Plaintiff Williams, unaware that her medical plan was 

inactive at the time, sought medical care under the Blue Cross Blue Shield of Illinois 

medical plan, and incurred a bill from her medical provider for the uncovered services. 

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30. Plaintiff Williams notified DuSable of the outstanding bill due to the terminated 

coverage. DuSable refused to reimburse Williams for the bill for services incurred, 

causing the matter to proceed towards collections against Williams. 

31. As of January 1, 2019, both parties were enrolled in 403(b) retirement plan, administered

by third party Investment Manager, Franklin Templeton Investments. 

32. DuSable acted as trustees and fiduciaries in the administration of the 403(b) retirement 

plans, as it withheld deductions from the Plaintiffs wages, and transmitted them to 

Franklin Templeton Investments, who then invested the funds on behalf of Plaintiffs. 

33. DuSable’s involvement in the plan administration involved discretionary determinations, 

such as hardship determinations. 

34. Beginning in approximately May 2019, DuSable deducted from Plaintiffs’ wages, their 

designated 403(b) employee contributions to their plans, but failed to forward them to the 

Investment Manager. 

35. Plaintiffs requested that DuSable stop taking the deductions and/or forward the 

deductions to the Investment Manager, and/or return the wages to the employees. 

36. DuSable ignored these request, and continued the deductions, without forwarding them to 

the Investment Manager, or returning the wages to the employees. 

COUNT I

(ERISA)

37. Plaintiffs repeat and reallege Paragraphs 1-36, as though fully set forth herein, as 

Paragraphs 1-36 of Count I of this Complaint. 

38. Defendant DuSable was a plan fiduciary for Plaintiffs 403(b) retirement plan, responsible 

for deducting plan contributions and forwarding them to the plan’s Investment Manager. 

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39. DuSable breach its fiduciary duty to Plaintiffs in one or more of the following ways:

a. Beginning May 2019, DuSable deducted plan contributions from Plaintiffs wages, 

and failed to forward them to the Investment Manager for investment

b. Failed to notify Plaintiffs it was not forwarding deducted wages to the Investment 

Manager

c. Failed to stop deductions when directed to by Plaintiffs

d. Failed to return deductions not forwarded to the Investment Manager, back to 

Plaintiffs after their requests

e. Refused to provide Plaintiffs with information requested under the plan 

f. Failed to forward medical and dental insurance premiums to Plaintiff Williams’s

insurance plans, causing the plans to be terminated, and causing Plaintiff 

Williams out of pocket expenses, and negative credit history. 

40. As a result of DuSable’s conduct, Plaintiffs have been deprived of their earned wages, 

and of returns that they would have gained in their wages had been forwarded to the 

Investment Managers. 

WHEREFORE, Plaintiffs respectfully requests that this Honorable Court find that Defendant 

violated Plaintiffs rights under ERISA, and enter a judgment in favor of Plaintiffs, making the 

following findings and granting the following relief:

A. That this Honorable Court award Plaintiffs money reasonably calculated to 

compensate for all monetary, and non-monetary damages sustained as a result of 

conduct by Defendant;

B. That this Honorable Court award punitive damages;

C. That this Honorable Court award pre-judgment interest and costs;

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D. That this Honorable Court award reasonable attorney’s fees and costs; and

E. That this Honorable Court award such other and further relief as it may deem just 

and equitable.

COUNT II

FAIR LABOR STANDARDS ACT

29 CFR § 516.2 (10)

41. Plaintiffs repeat and reallege Paragraphs 1-40, as though fully set forth herein, as 

Paragraphs 1-40 of Count II of this Complaint. 

42. Defendants failed to keep records of “additions to or deductions from pages paid each 

pay period” for Plaintiffs. 

43. When Plaintiffs requested this information, Defendant refused to provide it. 

WHEREFORE, Plaintiffs respectfully requests that this Honorable Court find that Defendant 

violated Plaintiffs’ rights under the Fair Labor Standards Act and enter a judgment in favor of 

Plaintiff, making the following findings and granting the following relief:

A. That this Honorable Court find that Defendant violated Plaintiffs’ rights under the 

Fair Labor Standards Act;

B. That this Honorable Court award Plaintiffs money reasonably calculated to

compensate his for all monetary, and non-monetary damages sustained as a result 

of the discrimination by Defendant;

C. That this Honorable Court award pre-judgment interest and costs;

D. That this Honorable Court award reasonable attorney’s fees and costs; and

E. That this Honorable Court award such other and further relief as it may deem just 

and equitable.

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COUNT III 

ILLINOIS WAGE PAYMENT AND COLLECTIONS ACT

44. Plaintiffs repeat and reallege Paragraphs 1-43, as though fully set forth herein, as 

Paragraphs 1-43 of Count III of this Complaint. 

45. Beginning January 2020, DuSable failed to provide itemized deductions for Plaintiffs’ 

wages paid for the pay dates: January 3, 2020, January 31, 2020, February 14, 2020, 

February 27, 2020, March 12, 2020, March 27, 2020, and April 10, 2020. 

46. The deductions that were taken, were inconsistent, and on information and belief, were 

not forwarded to the appropriate state, federal, and local authorities. 

47. DuSable wrongfully withheld wages for Plaintiffs 403(b) retirement plans, after Plaintiffs 

had directed DuSable not to do so. Those wages were never returned to Plaintiffs.

48. DuSable wrongfully withheld wages for Plaintiff Williams’s dental insurance plans, and 

never returned the wages to Plaintiff Williams. 

49. In approximately May 2019, Plaintiff Hearn was pre-approved by Defendant’s Executive 

staff (CEO, COO, CFO and VP) to attend the 2019 Society of American Archivists 

(SAA) Annual Conference. Hearn received approval and confirmation that she would be 

reimbursed for the expenses related to the conference as they fell within her job 

description. 

50. Plaintiff Hearn incurred approximately $1000 worth of expenses. In approximately late 

August/September, Hearn tendered all of the required paper work to Defendant for 

reimbursement.

51. Defendant never reimbursed Hearn for the expenses. 

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52. Plaintiff Hearn also made out of pocket expenditures for the following work related 

expenses incurred while working for Defendant, and in the course of performing her job 

duties: mileage, cell phone use and supplies, to support the work of the Archives 

department. Defendant agreed to reimburse Hearn for these expenses, but never did so. 

53. DuSable’s Handbook states that: “After three years of employment, full-time employees 

are awarded fifteen (15) days of vacation per year. Vacation is accrued on a pro-rata basis 

throughout the year.” (Section 3-3)

54. Plaintiff Hearn worked a full bi-weekly pay-period for Defendant, prior to her April 10, 

2020 termination from DuSable. Her final paycheck was issued on April 10, 2020. 

55. Defendant failed to pay Hearn her full paycheck for that payperiod. She was only paid for 

three days out of the 10-day work period. 

56. At the time of her termination from DuSable, Hearn had two days of vacation accrued 

from 2019, and had accumulated at least six days of vacation time in 2020. 

57. Defendant failed to pay Hearn any vacation pay as part of her final compensation. 

WHEREFORE, Plaintiffs respectfully requests that this Honorable Court find that Defendant 

violated Plaintiffs’ rights under the Illinois Wage Payment and Collections Act, and enter a 

judgment in favor of Plaintiffs, making the following findings and granting the following relief:

A. That this Honorable Court find that Defendant violated Plaintiffs rights under the 

Illinois Wage Payment and Collections Act;

B. That this Honorable Court award Plaintiff money reasonably calculated to 

compensate his for all monetary, and non-monetary damages sustained as a result 

of the discrimination by Defendant;

C. That this Honorable Court award pre-judgment interest and costs;

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D. That this Honorable Court award reasonable attorney’s fees and costs; and

E. That this Honorable Court award such other and further relief as it may deem just 

and equitable.

 COUNT IV

CONVERSION1

58. Plaintiffs repeat and reallege Paragraphs 1-57, as though fully set forth herein, as 

Paragraphs 1-57 of Count IV of this Complaint.

59. DuSable wrongfully, and without authorization, withheld money from Plaintiffs’ earned 

wages, when it failed to forward deductions to the Investment Manager, Franklin 

Templeton. 

60. The monies were due and owing to Plaintiffs, as they had earned them in exchange for 

work previously performed for Defendant. 

61. Plaintiffs requested return of the monies withheld, but Defendant refused to return the 

funds, and never forwarded it to Investment Manager, Franklin Templeton. 

WHEREFORE, Plaintiff respectfully requests that this Honorable Court find that Defendant 

committed conversion against Plaintiffs personal property, and enter a judgment in favor of 

Plaintiffs making the following findings and granting the following relief:

A. That this Honorable Court award Plaintiffs money reasonably calculated to 

compensate her lost wages, and for all monetary damages sustained as a result of 

the conversion by Defendant;

B. That this Honorable Court award pre-judgment interest and costs;

C. That this Honorable Court award reasonable attorney’s fees and costs; and

1 Plead in addition to, and in the alternative to, Count I. 

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D. That this Honorable Court award such other and further relief as it may deem just 

and equitable.

COUNT V

FRAUD2

62. Plaintiff repeats and realleges Paragraphs 1-61, as though fully set forth herein, as 

Paragraphs 1-61 of Count V of this Complaint.

63. DuSable wrongfully, and without authorization, withheld money from Plaintiffs’ earned 

wages, when it failed to forward deductions to the Investment Manager, Franklin 

Templeton. 

64. DuSable falsely represented to Plaintiffs that the deductions that were taken out, were 

being forwarded to Investment Manager, Franklin Templeton. 

65. DuSable knew this statement to be false, and failed to notify Plaintiffs of its inaction, so 

that Plaintiffs would continue their respective plans, and continue authorizing deductions. 

66. Plaintiffs relied on DuSable’s representation, and continued contributions to the plan. 

67. Plaintiffs were damaged as a result, as their 403(b) plans were not funded as anticipated, 

causing them to lose the money taken for the contributions, as well as the return they 

would have earned on the investment. 

68. Defendant continued to deduct medical insurance premiums from Plaintiff Williams’s 

earned wages, representing to Williams that her medical insurance coverage was active. 

69. Based on that representation, Williams sought medical care under, and incurred a bill 

from her medical provider for the uncovered services. 

2 Plead in addition to, and in the alternative to, Count I. 

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70. Plaintiff Williams notified DuSable of the outstanding bill due to the terminated 

coverage. DuSable refused to reimburse Williams for the bill for services incurred, 

causing the matter to proceed towards collections against Williams. 

WHEREFORE, Plaintiffs respectfully request that this Honorable Court find that Defendant 

committed fraud against Plaintiffs, and enter a judgment in favor of Plaintiffs making the 

following findings and granting the following relief:

E. That this Honorable Court award Plaintiffs money reasonably calculated to 

compensate her lost wages, and for all monetary damages sustained as a result of 

the fraud by Defendant;

F. That this Honorable Court award pre-judgment interest and costs;

G. That this Honorable Court award reasonable attorney’s fees and costs; and

H. That this Honorable Court award such other and further relief as it may deem just 

and equitable.

COUNT V (PROMISSORY ESTOPPEL)

(PLAINTIFF HEARN ONLY)

71. Plaintiff repeats and realleges Paragraphs 1-70, as though fully set forth herein, as 

Paragraphs 1-67 of Count V of this Complaint.

72. Defendant’s Handbook contained policy statements that created enforceable contractual 

rights.

73. That language includes, but is not limited to the following statements:

a. DuSable Museum of African American History strongly encourages employees to 

use direct deposit to their savings or checking accounts. The ALINE paycard is 

also available to museum employees. Funds are automatically loaded onto a 

branded prepaid card for immediate access to their money. Authorization forms 

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are available from the Manager of Human Resources. Employees can also access 

direct deposit and ALINE paycard information on www.MyADPResource.com 

...” (Section 2-10)

b. “You will be paid bi-weekly for all the time you have worked during the past pay 

period. Your payroll stub itemizes deductions made from your gross earnings.” 

(Section 2-9)

c. This language created an unambiguous promise that direct deposit would be 

available for employees. 

d. From the time Plaintiff Hearn began working for Defendant, until January 2019, 

she had always been paid bi-weekly, via direct deposit, in accordance with 

Defendant’s promise in its Handbook. 

e. Plaintiff Hearn relied on that promise, and set up her checking account for 

automatic bill payment, and made financial purchases in accordance with the 

direct deposit pay dates. 

f. Hearn’s reliance was expected and foreseeable, as she signed up for direct 

deposit, maintained direct deposit throughout her employment with Defendant, 

and never revoked her authorization.

g. In January 2019, without notifying its employees of any change, Defendant 

unilaterally changed its payment policies, and issued employees paper checks, 

instead of using direct deposit. 

h. Plaintiff Hearn did not receive her paper check on her usually scheduled pay date, 

causing a delay in the deposit of her wages.

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i. This delay caused Hearn to incur insufficient fund fees from her back, as a result 

of not being paid in the manner promised by Defendant. 

WHEREFORE, Plaintiffs respectfully request that this Honorable Court find that Defendant

made a promise to Plaintiff Hearn, and breached that promise, causing injury to Hearn, and 

enter a judgment in favor of Hearn making the following findings and granting the following 

relief:

A. That this Honorable Court award Plaintiff Hearn money reasonably calculated to 

compensate her for all monetary damages sustained as a result of the conduct by 

Defendant;

B. That this Honorable Court award pre-judgment interest and costs;

C. That this Honorable Court award reasonable attorney’s fees and costs; and

D. That this Honorable Court award such other and further relief as it may deem just 

and equitable.

Respectfully submitted,

By: /s/ Jemelle D. Cunningham

 Plaintiff’s Attorney

Jemelle D. Cunningham

LAD LAW GROUP, P.C.

161 N. Clark St. 

Chicago, Illinois 60601

(312) 252-3085

j.cunningham@ladlawgroup.com

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