When an employee reports a complaint for an unlawful practice or discrimination against their employer, there is a chance they might retaliate and fire that person. Under state and federal laws, an employer cannot fire their worker for exercising their rights. The U.S. Equal Employment Opportunity Commission describes retaliation as an adverse action taken against an employee who was involved in a protected activity. Termination, unfair evaluations, refusing to hire, demotion, disciplinary measures, denying rightful promotion, and increase observation are all adverse actions that fall under the category retaliation discharge.
If you report a miss conduct or an illegal activity by an employer, the law protects you from retaliation discharge. The legal protection covers:
Employees who report against illegal activities: You are protected from retaliation from an employer as long as you are complaining about a behavior that violates the law. Even if the employer proves that you are wrong, they cannot punish you. This will be considered retaliation as well.
Employee who supports and speaks out for a colleague: If you complain on behalf of a fellow employee about unfair treatment with them, you will be protected against any retaliatory actions.
Former and current employees: If you have filed a complaint against an illegal action, such as sexual harassment or discrimination, and the employer didn’t take any action, it will be considered as a retaliatory conduct. Also, if your employer fires you and provides a negative reference that hinders you from finding a new job, this is also considered as retaliation.
Several employment laws protect employees from retaliation discharge, including the following:
The Equal Pay Act
Title VII of the Civil Rights Act
The Age Discrimination in Employment Act
The Fair Labor Standards Act
The Occupational Safety and Health Act
The Americans with Disabilities Act
One of the primary federal agencies that enforces these laws is the U.S. Equal Employment Opportunity Commission. If you have been a victim of retaliatory discharge, you can file a complaint with the EEOC.
Proving a claim that you are a victim of retaliation comprises of three main elements:
You must prove that you were engaged in a protected activity. For example, participating in an investigation or opposing your employer’s discrimination.
The employer must have punished you in some way. For example, denying a rightful promotion or being fired.
You must be able to establish that the punishment was a result of a protected activity. For example, receiving a demotion right after reporting your employer.
However, these aren’t enough to prove your retaliatory discharge claim, as it can become quite difficult if your employer can present a good reason for firing you. This may include absenteeism, lack of performance, and similar reasons related to your work.
Retaliatory discharge refers to the unlawful termination of an employee who has been fired for exercising a legal right or fulfilling a legal duty. In the state of Illinois, the concept of retaliatory discharge is recognized by the courts as a notable exception to the “at-will” employment doctrine, which allows employers to terminate employees without cause under most circumstances. Common scenarios that may lead to a retaliatory discharge include:
Filing a workers’ compensation claim – An employee who files a claim for benefits after being injured on the job cannot be terminated simply for exercising this right.
Reporting illegal activity – Employees have the right to report illegal actions they witness in the workplace to appropriate authorities without fear of termination.
Refusing to participate in unlawful conduct – If an employee is asked to engage in illegal activities and declines, they cannot be terminated for their refusal.
Cooperating with investigations – Employees acting in good faith to assist law enforcement or regulatory bodies in their investigations are also protected from termination.
The essential element in these cases is whether the termination violates a clearly established public policy aimed at protecting employees’ rights.
Yes, Illinois operates under the at-will employment doctrine. This legal principle grants employers the broad authority to terminate employees for any reason—whether the reasoning is sound or irrational—or for no reason at all, as long as the termination does not violate any laws. In this context, retaliatory discharge emerges as one of the few significant exceptions, along with claims relating to discrimination based on race, gender, disability, harassment, or breach of contract.
In Illinois, courts typically recognize retaliatory discharge claims within two principal contexts:
Workers’ compensation retaliation – This occurs when an employer terminates an employee either for filing a workers’ compensation claim or for expressing the intention to file such a claim. Such actions are explicitly protected by Illinois law.
Whistleblower retaliation – This involves the termination of an employee who reports or plans to report any violations of laws or regulations to governmental authorities. This protection aims to encourage employees to come forward about wrongdoing without fearing for their job security.
While other forms of public policy violations may be considered, Illinois courts tend to be conservative in expanding the doctrine to include situations outside of these primary contexts.
How do I prove retaliatory discharge?
To successfully establish a claim for retaliatory discharge, the employee must demonstrate three critical elements:
Engagement in protected activity – You need to show that you participated in a legally protected action—such as filing a complaint or reporting illegal conduct.
Discharge from employment – You must provide evidence that you were indeed terminated from your position.
Causal connection – It must be proven that there is a direct link between your protected activity and the termination. This could involve showing that the timing of your discharge closely followed your protected activity, along with any communications from your employer that suggest retaliatory intent.
Evidence can include documentation, emails, witness statements, and prior performance evaluations, as courts often seek indications that the reason provided by the employer for the termination is merely a pretext.
If you successfully navigate a retaliatory discharge case in Illinois, you may be eligible for several potential remedies, including:
Back pay and lost benefits – Compensation for lost wages and benefits that you would have accrued had you not been wrongfully terminated.
Emotional distress damages – Financial compensation for the emotional and psychological impact caused by the retaliatory discharge.
Punitive damages – In particularly egregious cases, courts may award punitive damages designed to punish the employer and deter similar behaviors in the future.
Reinstatement – While rarely ordered, some plaintiffs may receive an offer of reinstatement to their former positions.
Attorney’s fees and court costs – If you prevail in your case, the court may order the employer to cover your legal expenses.
These remedies aim to both make the affected employee whole and discourage future occurrences of retaliation in the workplace.
In Illinois, the statute of limitations for filing a retaliatory discharge claim is generally five years from the date of your termination. However, if your claim overlaps with federal regulations or laws, such as Title VII of the Civil Rights Act concerning employment discrimination, the deadlines can be considerably shorter—ranging from 180 to 300 days, depending on the specific federal agency involved. It’s crucial to be aware of these timelines to ensure you file your claim within the applicable period.
No, you cannot legally be fired for reporting workplace harassment, discrimination, or safety violations. Both state and federal laws provide protections for employees who report such issues. If an employee is terminated after making such reports, it may be deemed retaliatory discharge or unlawful retaliation under various civil rights statutes. These protections are vital for encouraging a safe and equitable working environment where employees can speak out against misconduct without fear of reprisal.
If you feel that you have been fired because of engaging in a protected activity, you should consider talking to our DuPage County retaliatory discharge attorneys to discuss your case and evaluate your legal options. Contact the Law Office of Michael T. Smith today at (847) 450-1103 for a consultation.
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