For an employee to file a wrongful termination claim, the general perception is that they must prove the employer fired them in violation of the employment contract or for unfair reasons. However, there are situations where an employee is forced to resign from their job because of intolerable or hostile working conditions. This is known as constructive discharge or constructive dismissal, where an employer creates such an environment for the employee that they have no choice left but to quit.
However, the employee can still file a claim or lawsuit on the grounds of wrongful termination even when they have voluntarily handed in their resignation. Most of the times, the intolerable working environment is the result of certain discriminatory acts, especially sexual harassment and the employer’s unresponsiveness towards the complaint. The investigative agencies use the reasonable person standard when determining whether there was a constructive discharge. This standard is based on whether or not a reasonable person, when faced with a similar situation, would resign from their job.
There are several things you have to prove in order to establish yourself as a victim of constructive discharge. These things include the following:
You were subjected to work in a hostile environment, illegal working conditions, or mistreated at work.
You filed a complaint about the matter to your employer, supervisor, or human resources department, but no action was taken to remedy the situation, and the mistreatment continued for a considerable amount of time.
The working conditions or mistreatment were so bad or intolerable that a reasonable employee would decide to quit their job rather than to continue working in that environment.
You resigned because you were mistreated.
However, this is still not enough to establish a solid ground for your claim. Since most people in the US work at will, the employer can fire them at any time, and that too for any legal reason. That is why, apart from the above, you may also have to prove that your employer had an illegal reason for forcing you to quit. For example, if you have a manager who gives a really hard time to everyone in your department, this would not be enough to have a constructive discharge claim. But if they did so only to you, you are likely to have a strong claim.
Some common situations where a wrongful termination claim can be made on the grounds of constructive discharge include retaliation, discrimination, harassment, breach of contract, and others. Another important thing to keep in mind is that you must give your employer or management a reasonable amount of time to look into the matter and take corrective action before you quit. For example, if you quit just after 2 or 3 days of making the complaint, you may not have a strong claim against your employer.
Wrongful termination is a legal term that describes the situation when an employee is dismissed from their job in violation of specific laws or regulations. This can occur when an employer fails to comply with federal or state anti-discrimination laws, breaches an employment contract, violates labor laws, or ignores public policy protections.
Typical scenarios that could lead to a wrongful termination claim include being fired for reporting illegal activities in the workplace, filing a workers’ compensation claim after an injury, or refusing to participate in unlawful or unethical behavior.
In Illinois, yes, you can be terminated without cause; however, this rule only applies if the reason for the termination is not illegal. The state operates under the at-will employment doctrine, which grants employers the authority to terminate employees at any time and for any lawful reason. Nonetheless, there are important exceptions to this rule: if you are bound by an employment contract, covered under a union agreement, or if the termination violates anti-discrimination or retaliation laws, then your dismissal may not be deemed lawful.
Wrongful termination can manifest in various ways, including:
Being fired due to characteristics such as race, gender, age, religion, disability, or sexual orientation, which are protected under the Illinois Human Rights Act and federal laws.
Facing retaliation for speaking out about workplace harassment, safety violations, or other unlawful activities.
Termination for filing a workers’ compensation claim after sustaining an injury on the job.
Dismissal for taking medically protected leave or family leave under the Family and Medical Leave Act (FMLA).
Each case is unique and hinges on detailed facts that determine if a legal protection has been violated.
What is retaliatory discharge?
Retaliatory discharge is a specific type of wrongful termination that occurs when an employee is fired in response to engaging in protected activities, such as:
In Illinois, retaliatory discharge is acknowledged under common law, and if proven, it may entitle the employee to seek damages for the wrongful dismissal.
To establish a case for wrongful termination, an employee must gather compelling evidence that demonstrates:
Effective documentation can greatly support your case, including emails, performance reviews, witness statements, and an accurate timeline of the events. Consulting with legal professionals can help individuals evaluate the strength of their claims and navigate the complexities of the legal system.
In the event that you win a wrongful termination lawsuit, you may be eligible for various remedies, which can include:
It’s essential to note that some wrongful termination claims may need to be filed with administrative agencies before legal action can be pursued in court.
The timeframe within which you can file a wrongful termination claim varies depending on the nature of the claim:
Discrimination claims must be filed within 300 days with the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR). For retaliatory discharge claims, you have up to 5 years to file under Illinois law. Breach of contract claims can typically be filed within 10 years if the contract is written, or 5 years for oral agreements. It is crucial to act swiftly to protect your rights, as delays could jeopardize your ability to pursue a claim.
If you were forced to quit your job because of bad working conditions, you should discuss your case with our experienced DuPage County wrongful termination attorney and evaluate your legal options to file a claim against constructive discharge. Contact the Law Office of Michael T. Smith today at (847) 450-1103 for a consultation.
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