Wrongful termination can have a profound impact on your professional and personal life. Losing your job without cause can lead to financial hardship, emotional distress, and damage to your reputation. If you believe you were wrongfully terminated in Illinois, it is crucial to gather evidence to support your claim. Proper documentation can strengthen your case and improve your chances of achieving justice. Our firm understands the complexities of both federal and Illinois employment laws, and we work closely with clients to ensure they have the evidence needed to protect their rights.
Wrongful termination occurs when an employer unlawfully fires an employee in violation of employment laws or a legally binding agreement. Illinois is an at-will employment state, which means employers can terminate employees for almost any reason as long as it does not violate laws or contracts. However, terminations based on discrimination, retaliation, or breaches of contract are illegal.
Under federal law, Title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e) prohibits termination based on race, color, religion, sex, or national origin. The Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) further protect employees from wrongful termination based on disability or age. In Illinois, the Illinois Human Rights Act (775 ILCS 5/) offers additional protections against discrimination and retaliation.
Gathering evidence is a critical part of building a wrongful termination case. We advise clients to document all relevant information carefully and thoroughly. Types of evidence include:
If your claim involves discrimination or retaliation, documentation becomes even more essential. Illinois law and federal statutes prohibit firing employees based on protected characteristics or in retaliation for reporting misconduct.
We encourage individuals who suspect wrongful termination to take the following steps immediately:
Timeliness is crucial when filing a wrongful termination claim. Under federal law, the EEOC generally requires claims to be filed within 180 days of the discriminatory act. However, in Illinois, this deadline may be extended to 300 days under the Illinois Human Rights Act.
Under the Illinois Personnel Record Review Act (820 ILCS 40/), you have the right to access your personnel file. If your employer refuses, you may file a complaint with the Illinois Department of Labor to enforce your rights.
Emails and text messages can serve as key evidence, especially if they contain discriminatory statements, sudden performance criticisms, or termination-related discussions. Preserving these communications can significantly strengthen your case.
Yes. Illinois follows at-will employment laws, but wrongful termination claims can still be valid if the termination violates federal laws, such as Title VII, or if it involves retaliation, discrimination, or implied agreements.
Retaliation can be demonstrated through circumstantial evidence, such as a sudden negative shift in performance reviews, reassignment to undesirable tasks, or termination shortly after filing a complaint.
We can help you gather evidence, such as positive performance reviews, promotions, or awards, to challenge the employer’s claim and show that the termination was pretextual.
If you believe you were wrongfully terminated in Illinois, protecting your rights begins with documenting the facts. Our experienced legal team at the Law Office of Michael T. Smith & Associates can help you build a strong case backed by solid evidence. To receive your free consultation, contact our Chicago wrongful termination lawyer at the Law Office of Michael T. Smith & Associates when you call (847) 450-1103. We offer dedicated representation for clients throughout Chicago from our Lisle, Illinois office.
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