Wrongful termination is a serious legal issue that can leave employees feeling powerless and uncertain about their rights. When an employer unlawfully fires an employee in retaliation for engaging in a protected activity, the Equal Employment Opportunity Commission (EEOC) plays a crucial role in ensuring that justice is served. The EEOC is responsible for enforcing federal workplace discrimination and retaliation laws, investigating complaints, and providing employees with a legal pathway to hold their employers accountable. Filing a complaint with the EEOC is often the first step in pursuing a wrongful termination claim in Illinois.
Employees who are wrongfully terminated have protections under both federal and Illinois laws. The Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Illinois Human Rights Act (775 ILCS 5/1-101 et seq.) all prohibit employers from retaliating against employees for engaging in legally protected activities.
Under Illinois law, employers are also prohibited from terminating employees for reporting unlawful practices, filing complaints, or participating in an investigation related to workplace discrimination or safety violations. These laws collectively provide employees with the ability to challenge retaliatory discharge and seek compensation for lost wages, emotional distress, and other damages.
The EEOC process begins when an employee files a charge of discrimination or retaliation. The complaint must be filed within 300 days of the alleged retaliatory termination if the employee is covered under Illinois laws that provide additional protections. The process includes:
If the EEOC completes its investigation and finds sufficient evidence of wrongful termination, the agency may file a lawsuit against the employer on the employee’s behalf. However, in most cases, the EEOC will issue a Right to Sue letter, allowing the employee to pursue legal action in federal or state court. Employees typically have 90 days from the date they receive the letter to file their lawsuit.
To successfully prove a wrongful termination claim based on retaliation, employees must demonstrate the following:
If these elements are met, employees may be eligible for reinstatement, back pay, front pay, emotional distress damages, and attorney’s fees.
Employers facing wrongful termination claims often attempt to justify their actions by claiming:
Overcoming these defenses requires strong evidence, such as email correspondence, witness testimony, and documented patterns of retaliation.
The EEOC process can take several months to over a year, depending on the complexity of the case. If mediation is successful, cases may be resolved within a few months. However, if a full investigation is required, it may take up to a year before a determination is reached.
Threats or further retaliation after filing an EEOC complaint are additional violations of employment laws. Employees should document any threats, report them to the EEOC, and consult an attorney immediately to protect their rights.
In most cases, employees must receive a Right to Sue letter from the EEOC before filing a lawsuit. However, there are some exceptions under state law, and an attorney can help determine the best course of action.
Employees may be eligible for back pay, front pay, emotional distress damages, punitive damages, and attorney’s fees. If reinstatement is not possible, financial compensation may be awarded instead.
While employees can file an EEOC complaint on their own, having an attorney can significantly strengthen their case. An attorney can help draft a strong complaint, gather evidence, and represent the employee in settlement negotiations or court proceedings.
Employers cannot legally terminate an employee in retaliation for filing an EEOC complaint. If an employee is fired while an investigation is ongoing, this may be grounds for additional legal action.
Keeping detailed records of all communications, saving emails, and collecting witness statements can help build a strong case. An attorney can also assist in gathering evidence and presenting a compelling legal argument.
Filing an EEOC complaint and pursuing a wrongful termination claim can be a complex and time-sensitive process. At the Law Office of Michael T. Smith & Associates, we are committed to protecting employees from unlawful retaliation and ensuring they receive the justice they deserve.
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. Our firm represents clients throughout Chicago, Illinois. Let us help you fight back against wrongful termination and hold your employer accountable.
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