Getting fired is one of the most stressful events in a person’s life. Even when it’s not entirely unexpected, termination can leave you feeling blindsided, humiliated, and unsure what to do next. Many employees disagree strongly with the reason given for their firing and suspect that something about it was unfair or even illegal.
At 1818, we represent employees across Illinois and the country in wrongful termination, discrimination, and whistleblower cases. Based on our experience handling these disputes, here’s what you should (and shouldn’t) do in the days immediately after losing your job.
1. Stay Calm During the Termination Meeting
If HR or a supervisor calls you into a meeting to notify you of your termination, attend and take notes—but do not argue or lose your composure.
- Ask for the specific reason you are being terminated, and write it down word for word.
- If you’re given a written termination notice, keep it; don’t mark or alter it.
Avoid debating or defending yourself during the meeting. Anything you say could be used against you later.
2. Do Not Sign Anything on the Spot
Illinois employers often present employees with a severance agreement or “release of claims” during or right after termination. These documents almost always contain a waiver of your legal rights, including the right to bring claims under:
- The Illinois Human Rights Act (discrimination and retaliation),
- The Illinois Whistleblower Act,
- The Illinois Wage Payment and Collection Act, or
- Federal laws such as Title VII, the ADA, or FMLA.
Do not sign any document at the termination meeting. Take it home, review it carefully, and talk to an attorney first.
3. In most cases, Don’t “Resign in Lieu of Termination”
Some employers suggest you “resign” so your record looks better. Don’t do it.
- A resignation can make it harder to pursue legal claims for wrongful termination, discrimination, or retaliation.
- You may also lose eligibility for unemployment benefits through the Illinois Department of Employment Security (IDES).
- The idea that a “resignation looks better” is usually false—most employers refuse to disclose reasons for separation because of defamation risks.
- Always make the employer take formal responsibility for the firing.
EXCEPTION – For some medical and licensed professionals, being terminated can lead to reporting requirements with the State and you may want to consider resignation. It is probably still better to have them fire you, but you should discuss the options with a lawyer.
4. Don’t Take Company Documents or Emails
All files, emails, and data on the employer’s system belong to the company. Copying or transferring documents without authorization can lead to accusations of misappropriation of confidential information or “after-acquired evidence”. This can be used as a distraction in litigation, so avoid copying or taking large amounts of data.
Instead, make a detailed list of what documents exist (performance reviews, HR emails, complaint letters, etc.) and let your attorney obtain them later through lawful means.
5. Avoid Posting About the Termination Online
Do not post on Facebook, LinkedIn, or any other social media about your employer, your supervisor, or your termination. Employers and their attorneys routinely search social media and use angry or emotional posts to portray plaintiffs as unprofessional or vindictive. Stay silent publicly and preserve your credibility.
6. Start Taking Notes Immediately
As soon as you get home, write down everything you remember:
- Who told you about your firing, and what reason did they give?
- Any prior warnings, complaints, or comments that might relate to the termination.
- The names of key witnesses, supervisors, or HR representatives involved.
Create a timeline that includes your hire date, promotions, performance reviews, complaints you made, and the exact date of termination. Document everything while it’s fresh.
7. Request Your Personnel File (Illinois Law Requires Your Employer Provide it within 7 Business Days)
Under the Illinois Personnel Record Review Act (820 ILCS 40/1 et seq.), you have the right to request and receive a copy of your personnel file for up to one year after termination.
8. Review Your Final Paycheck
Illinois law requires that all final wages, including accrued but unused vacation pay, be paid no later than the next regular payday following termination. Bonuses or commissions earned before separation must also be paid.
If your paycheck is missing funds or is late, you may have a claim under the Illinois Wage Payment and Collection Act, which allows recovery of the unpaid wages plus 2% per month in statutory penalties and attorney’s fees.
10. Keep All Communications with Your Former Employer
Keep a written log of every contact with your former employer after termination—date, time, who you spoke to, and what was said. If you communicate by phone, take notes immediately afterward (don’t record calls without consent—it’s illegal under Illinois’ eavesdropping statute).
11. Be Professional and Avoid Burning Bridges
Maintain professionalism in all communications. You may need references or wish to negotiate a severance settlement later. A calm, respectful tone strengthens your credibility and can help your attorney advocate for you more effectively.
12. Seek Legal Advice from an Illinois Employment Attorney
Before signing anything or filing your own complaint, talk to a lawyer who regularly practices in employment law—not a generalist. An attorney can evaluate:
- Whether your termination violated Illinois or federal law;
- What claims or administrative filings are required (EEOC, IDHR, OSHA, etc.);
- Whether to negotiate a severance increase or file suit; and
- How to preserve evidence and protect yourself from retaliation.
For discrimination or retaliation claims, you generally must file with the Illinois Department of Human Rights (IDHR) or the EEOC within 300 days of the termination to preserve your right to sue.
Contact 1818 Legal
If you believe your termination was wrongful or retaliatory, or if you’re being pressured to sign an unfair severance agreement, contact 1818 Legal – Attorneys & Advisors for a confidential consultation.
We help Illinois employees navigate the aftermath of termination, protect their rights, and pursue justice when employers cross the line.
