Understanding Wrongful Termination in Illinois
Illinois follows at-will employment rules, meaning an employer or employee can end the working relationship at any time, with or without cause. However, wrongful termination occurs when employers illegally fire employees in violation of state or federal law.
What Qualifies as Wrongful Termination in Illinois?
While employers have broad discretion in terminating employees, certain circumstances qualify as wrongful termination, including:
-
Employment Discrimination
Under federal and Illinois state law, employers cannot fire employees based on legally protected characteristics, including:
- Race
- Color
- National origin
- Religion
- Sex
- Pregnancy
- Age
- Disability
- Sexual orientation
- Gender identity
- Military or veteran status
-
Whistleblower Retaliation
Employers cannot fire employees for exercising their legal rights, such as:
- Reporting workplace discrimination or harassment.
- Reporting safety violations or unlawful conduct (whistleblowing).
- Participating in an investigation into employer misconduct.
If you believe your employer wrongfully terminated you for whistleblowing in Chicago, consult an experienced wrongful termination lawyer immediately.
Examples of Wrongful Termination in Illinois
- Breach of Employment Contract: Violating the terms of an employment agreement may constitute wrongful termination.
- Discrimination-Based Termination: Firing employees based on age, race, gender, sexual orientation, or other protected status may justify legal action.
- Retaliation for Exercising Rights: Illinois employees cannot lose their jobs for attending jury duty, voting in elections, taking valid vacation days, or using time off covered by the Family and Medical Leave Act (FMLA).
What Compensation Can You Receive for Wrongful Termination?
Employees who win a wrongful termination lawsuit may receive:
- Job reinstatement
- Back pay and front pay (with interest)
- Attorneys’ fees and legal costs
- Liquidated damages and civil penalties (up to $10,000)
- Injunctive relief to prevent further employer retaliation
What should you do if you experience wrongful termination?
- Keep thorough records. Document the dates, times, places, and details of the actions, along with any witnesses, evidence, or communication that support your claim. Retain copies of your employment contract, policies, handbooks, performance reviews, pay stubs, and other documents that outline your work history and achievements. If the actions occurred by email or text, print a copy.
- Report the discrimination. Notify a supervisor or human resources department about the discrimination and request immediate action. Follow your employer’s policies and procedures for reporting and resolving complaints, and keep copies of any written or verbal responses you receive.
- Seek legal advice. If your employer fails to address or resolve the discrimination, contact an attorney at 1818 for assistance filing a formal discrimination charge with the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR).
At 1818, we are dedicated to protecting and fighting for employee rights. Contact us today for a consultation if you have faced wrongful termination, workplace retaliation, or discrimination.
Call us now to protect your rights and hold your employer accountable!
