Wrongful Termination in Illinois Explained

Wrongful termination in Illinois is when employers violate the Illinois "at-will" rule by firing you for an illegal reason. Such illegal reasons include the employer violating anti-discrimination laws, violating employment contracts, retaliation against the employee for a protected action, termination for protected time off, etc.

In this article, we explain the employment termination laws in Illinois, what to do if you have been wrongfully terminated in Illinois, and we discuss wrongful termination and employment contracts and wrongful termination due to time off work.

What is Wrongful Termination in Illinois?

Wrongful termination in Illinois happens when legal principles are violated, such as discrimination, retaliation or breach of contract. For example, if you were fired due to your race, gender or age. It could be a wrongful dismissal case for reporting harassment.

Illinois is an “at-will” employment state, meaning employers and workers can generally both end employment agreements without an extended notice or explanation at any time.  

Wrongful termination comes into play when employers violate the exceptions to Illinois’ “at-will” rule, including:

• Discrimination,
• Violation an employment contract,
• Retaliation for certain protected actions; and
• Termination for protected time off work.

Wrongful Termination and Employment Contracts in Illinois

If you have an employment contract that provides you with job security, Illinois’s “at-will” rule may not apply to you. In Illinois, employment contracts may be written, oral, or implied. In oral and written contracts, employers often agree to not fire a worker for a specified amount of time without a legitimate reason. In implied contracts, your employer doesn’t necessarily promise job security, but you may have reasonable expectations to work for your employer for an extended amount of time; for example, if your employee handbook states that employees won’t be fired unless certain disciplinary steps are followed, you may have an implied contract that outlines your rights prior to termination. If you have any kind of employment contract and are wrongfully terminated, you may have a legal claim for breach of contract.

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Wrongful Termination and Discrimination in Illinois

In Illinois, while employers can dismiss employees without specifying a reason, they must adhere to laws that safeguard against wrongful termination. Workers are protected from being fired due to race, sex, age, national origin, disabilities, pregnancy, citizenship status, religion, and marital status.

Specific thresholds exist for certain protections: discrimination based on age applies to employers with 20 or more employees, citizenship status discrimination pertains to those with at least 4 employees, while disability discrimination laws cover employers of any size.

Moreover, it is illegal for employers to retaliate against employees for legitimate actions such as filing a wage claim, claiming workers' compensation, or reporting harassment. Individuals facing dismissal without cause might consider consulting an employment law lawyer or a Illinois wrongful termination lawyer to explore a wrongful termination claim or constructive dismissal issues in Illinois. This legal support can provide crucial guidance and advocacy in challenging a former employer's actions.

Retaliatory Discharge

When an employer fires someone in retribution for taking part in legally protected activities like filing a workers’ compensation claim or reporting workplace safety violations, it is classified as retaliatory discharge, another type of wrongful termination. This can be seen in situations such as terminating whistleblowers, dismissing employees who decline to take part in illegal practices, and firing individuals who file worker’s comp claims. To understand how Illinois employment law plus federal laws present legal safeguards that shield people from unjust terminations, they should consult with an experienced Illinois employment attorney.

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Wrongful Termination Due to Time Off Work

Both state and federal laws protect employees when taking time off work in specific scenarios, including civic obligations and personal responsibilities. Illinois workers cannot be legally terminated for exercising the following rights:

• Military leave; up to five years.
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• Jury duty.
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• Voting.
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• Family and medical leave; up to 12 weeks every year or 26 weeks in a single year to care for a family member who is seriously injured while serving in the military.
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• Other protected leave; time off to see a spouse or child who has been deployed to military service, to seek medical treatment, to seek assistance for domestic violence, to attend school activities and conferences for their children.
  

How Can You Challenge Wrongful Termination in Illinois?

If you are interested in filing a discrimination or retaliation lawsuit, you need to exhaust administrative remedies before filing a lawsuit.  This means that you must file a complaint with the appropriate government agency.

In Illinois, the state discrimination laws are enforced by the Illinois Department of Human Rights, which has offices in Chicago, Marion, and Springfield.  The first step in a wrongful termination case is to file a claim with the EEOC. Once the EEOC considers your case evidence, it will file a lawsuit and can provide you with a list of qualified attorneys upon request. If you are an employee of the federal government, you’ll have to undergo a different filing process.  If the EEOC does not rule in your favor, you may then have the option to file a lawsuit in the appropriate circuit court.  

It is advantageous to work with an attorney from the outset of the process in order to give you the best chance for a favorable resolution with the EEOC.  Your attorney will assist you in drafting the EEOC complaint, follow up periodically to make sure your case stays on track, and assist you in exploring your other options, such as civil litigation, if the EEOC does not provide you with an adequate remedy.

Filing a Claim with the Illinois Department of Human Rights

The Illinois Department of Human Rights has the responsibility for implementing discrimination laws in this state. If you think that your termination was due to some kind of discriminatory or retaliatory action, then it is necessary to take up with them.

You must register a charge regarding prejudice within 300 days after the alleged unfair activity happened. Should substantial proof be found during their examination process, they will issue what’s known as ‘Notice of Right to Sue’, and once received there is 90 days granted where legal steps may be taken against an employer by using such document as evidence.

Proving Wrongful Termination

The burden of proof falls onto the plaintiff, or former employee in this instance for Illinois wrongful termination cases. It can often be complex to prove that the employer violated state or federal laws and it is crucial to gather evidence.

Monetary Damages and How They Are Calculated

When it comes to compensation for wrongful termination cases, monetary damages often involve past and future earnings. This involves assessing the yearly wages from the job - salary, commissions plus any bonuses - and multiplying this by how many years one would have stayed employed if not wrongfully terminated in order to figure out what’s been lost.

For non-economic losses like pain and suffering that are associated with such occurrences, a method commonly used is known as the multiplier approach. Whereby economic damage (like wage loss) gets multiplied by an appropriate number according to severity of said harm suffered.

Other Forms of Relief in Wrongful Termination Cases

When it comes to wrongful termination cases, there are more forms of relief than just monetary compensation. This could include reinstatement into the job position if deemed appropriate and feasible by both parties involved or non-economic damages such as emotional distress or harm done to a person’s reputation. In some scenarios, an injunction may also be sought in order to stop employers from taking certain actions until they reach a resolution with the employee impacted by their decision.

Statute of Limitations for Wrongful Termination

The statute of limitations for wrongful termination in Illinois varies depending on the basis of the claim.

• Discrimination-Based Wrongful Termination: There is 180 days to file with the Illinois Department of Human Rights, or 300 days to file with Equal Employment Opportunity Commission for wrongful termination claims
• Breach of Contract: Wrongful termination claims based on breach of contract for written contracts the statute of limitation is 10 years, while the statute of limitations for oral or implied contracts is only 5 years
• Retaliation Claims: Under laws like the Illinois Whistleblower Act one has 3 years from the date of termination to file a wrongful termination claim

Always consult with an Illinois wrongful termination lawyer to determine the specific time frame for your case based on the type of wrongful termination claim.

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While we serve clients in most areas of Illinois, if you’re in the Lake in the Hills area and are looking for an experienced Lake in the Hills employment attorney to assist you, please feel free to reach out to O’Flaherty Law at:

O'Flaherty Law of Lake in the Hills

8411 Pyott Rd., Ste 107

Lake in the Hills, IL

(847) 443-5983

lakeinthehills.il@oflaherty-law.com

https://www.oflaherty-law.com/locations/lake-in-the-hills