Since Illinois is an ‘at will‘ state, your employer can fire you without notice and you can leave employment without notice as well. So how can employment be wrongfully terminated in this case? Simple – if the employer violates certain exceptions to this rule, which besides discrimination, also includes retaliation for certain actions you took to protect yourself in the workplace, violation of a work contract and termination.
You can file a wrongful termination claim in Illinois if you were fired due to your age, race, color, religion, sex, marital status, sexual orientation, gender or disability. If your employer has dismissed you because of these discriminatory reasons, they must compensate you for damages through funds, by giving you your job back or other types of relief.
The most common reasons employers give for firing an employee involves hours worked, but if their reasoning does not comply with state law, they can be held accountable.
In Illinois, you are entitled to at least $8.25 per hour and this includes overtime pay if you work more than 40 hours a week. Plus, you are also entitled 20 minutes for a meal break each day five (5) hours after your shift starts. As per federal law, breaks shorter than this must be paid. Employers who try and violate these hours by forcing employees to work without pay can be held liable.
Additionally, employers also cannot fire employees in ‘bad faith.’ According to the National Conference of State Legislatures, this includes terminating an old employee so the employer does not have to pay them retirement benefits or firing a sales representative right before they were about to receive commission for a completed sale. Your employer also cannot fire you if you must jury duty or if you have to file a worker’s compensation claim.
In Illinois, most employment relationships are “at-will,” meaning either the employer or employee can end the relationship at any time, with or without cause. However, this rule does not allow employers to fire someone for illegal reasons—such as discrimination, retaliation, or breach of contract.
Wrongful termination occurs when an employee is fired for reasons that violate:
Examples include firing someone for their race, gender, religion, disability, age, or for whistleblowing or refusing to commit a crime.
Retaliatory discharge is a specific type of wrongful termination recognized under Illinois common law. It occurs when an employee is fired for:
Illinois courts allow employees to sue for damages if they were discharged in retaliation for exercising a legal right or fulfilling a legal duty.
No. Reporting workplace harassment, discrimination, or safety violations is protected under both state and federal law. Terminating an employee for making such reports may constitute retaliatory discharge or unlawful retaliation under the Illinois Human Rights Act or Title VII of the Civil Rights Act.
Illinois law prohibits employers from retaliating against employees who file or intend to file a workers’ compensation claim. If you were terminated shortly after reporting a workplace injury or requesting benefits, you may have grounds for a retaliatory discharge lawsuit.
No. If your employer asks you to engage in illegal activity—such as falsifying records, violating safety regulations, or committing fraud—and you refuse, they cannot legally terminate you for that refusal. Doing so may violate public policy and support a wrongful termination claim.
Employees who qualify for leave under the Family and Medical Leave Act (FMLA) are protected from termination for exercising that right. If you were fired while on approved leave or shortly after returning, you may have a claim for FMLA retaliation or interference.
To build a case, you’ll need to show:
Evidence may include:
If successful, a wrongful termination claim may result in:
The goal is to make the employee whole and deter unlawful conduct.
Deadlines vary depending on the type of claim:
Acting promptly is essential to preserve your rights.
Yes, for certain claims. For example:
Retaliatory discharge claims under Illinois common law can be filed directly in civil court.
If you have a written employment contract that limits termination to “just cause,” your employer must follow those terms. Firing you without cause may constitute breach of contract. Union employees may also have protections under collective bargaining agreements.
Illinois does not offer broad protection for political speech in private employment. However, if your speech relates to whistleblowing, labor organizing, or reporting misconduct, it may be protected. Employers can generally discipline employees for public statements that violate company policy or damage reputation.
Steps to take:
Legal advice is crucial to determine the best course of action.
If your employee is threatening to fire you or has terminated your employment in violation of Illinois employment laws, you have every right to get aggressive legal representation. The dedicated Chicago wrongful termination attorneys at the Law Office of Michael Smith take their time investigating each guilty employer in Schaumburg, Illinois to ensure victims receive the compensation they deserve. This includes explaining the claims process to clients in intimate detail to ensure they have an airtight case and outlining legal options that can maximize the success of their case.
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