Wrongful termination can be a distressing experience, especially when losing your job happens without cause. In Illinois, like many other states, employment is generally considered to be “at-will,” meaning that an employer can terminate an employee for any reason or no reason at all, as long as it is not discriminatory or retaliatory. However, there are certain situations where termination may be deemed wrongful under both federal and Illinois laws.
Under federal law, Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of race, color, religion, sex, or national origin. Similarly, the Age Discrimination in Employment Act (ADEA) protects individuals who are 40 years of age or older from age-based discrimination. Additionally, the Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities in all aspects of employment, including termination.
In Illinois, the Illinois Human Rights Act (IHRA) provides further protections against discrimination in employment. The IHRA prohibits discrimination based on race, color, religion, sex, national origin, ancestry, age, marital status, sexual orientation, gender identity, disability, military status, and unfavorable discharge from military service.
1. Document Everything – If you believe you have been wrongfully terminated, it is essential to gather and document as much evidence as possible to support your claim. This may include emails, performance reviews, witness statements, and any other relevant documentation related to your employment and termination. Be sure to keep copies of all documents in a safe and organized manner.
2. Consult with an Employment Attorney – Seeking legal advice from an experienced employment attorney is crucial if you suspect you’ve been wrongfully terminated. An attorney can help you understand your rights under federal and Illinois laws, assess the strength of your case, and advise you on the best course of action moving forward. They can also represent you in negotiations with your former employer or in legal proceedings if necessary.
Under federal law, employees typically have 180 days from the date of the alleged discrimination to file a charge with the Equal Employment Opportunity Commission (EEOC). In Illinois, employees have 300 days to file a charge with the Illinois Department of Human Rights (IDHR). It’s very important to consult with an attorney as soon as possible to ensure you meet these deadlines.
3. File a Complaint with the Appropriate Agency – If you believe you have been discriminated against or wrongfully terminated, you have the option to file a complaint with either the EEOC or the IDHR, depending on the nature of your claim. Both agencies have the authority to investigate claims of discrimination and take appropriate action against employers who violate the law.
Federal and Illinois laws provide several avenues of recourse for employees who have been wrongfully terminated. Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and the Illinois Human Rights Act (IHRA) all prohibit discrimination in employment
based on certain protected characteristics.
Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employers from discriminating against employees on the basis of race, color, religion, sex, or national origin. This includes discrimination in hiring, firing, promotions, pay, and other terms and conditions of employment.
The Age Discrimination in Employment Act (ADEA) is a federal law that protects individuals who are 40 years of age or older from age-based discrimination in employment. The ADEA prohibits employers from discriminating against older workers in hiring, firing, promotions, pay, and other aspects of employment.
The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities in all aspects of employment. Under the ADA, employers are required to provide reasonable accommodations to qualified individuals with disabilities unless doing so would cause undue hardship to the employer.
The Illinois Human Rights Act (IHRA) is a state law that provides further protections against employment discrimination. The IHRA prohibits discrimination based on race, color, religion, sex, national origin, ancestry, age, marital status, sexual orientation, gender identity, disability, military status, and unfavorable discharge from military service.
Experiencing wrongful termination can be a challenging and stressful ordeal, but it’s essential to understand that there are laws in place to protect employees from discrimination and unfair treatment in the workplace. By documenting everything, consulting with an employment attorney, and taking appropriate legal action, you can seek justice and hold your former employer accountable for their actions. Remember, you don’t have to navigate this process aloneā€”seeking guidance from experienced professionals can make all the difference in achieving a favorable outcome.
If you or a loved one has been wrongfully terminated from your job, it’s crucial to act quickly to preserve your rights. Allow the Law Office of Michael Smith to assist you in navigating federal and Illinois employment law and seeking the justice to which you are entitled. Contact our Illinois wrongful termination attorneys at the Law Office of Michael Smith by calling to schedule your consultation and initiate the process of addressing your workplace grievances.
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