Wrongful Termination in Illinois: Understanding At-Will Employment Laws
By: Attorney Shawn Sullivan
If you have been fired from your job in Illinois, you may wonder: “Can I sue for wrongful termination?” The answer depends on the specific circumstances surrounding your dismissal. Understanding Illinois employment laws, particularly the at-will employment doctrine, is crucial when determining whether you have grounds for a wrongful termination lawsuit.
What is At-Will Employment in Illinois?
Illinois follows at-will employment laws, which means that your employer can fire you at any time, for any reason, or for no reason at all—as long as the reason does not violate state or federal law. The concept of “at-will” employment is designed to offer flexibility for both employers and employees but does not always guarantee job security for workers.
Exceptions to At-Will Employment in Illinois
While Illinois is an at-will state, there are important exceptions that protect employees from unlawful firings. If your termination breaks specific laws, it could be considered wrongful termination.
- Discrimination: Illegal Termination Based on Protected Characteristics
Under both federal and Illinois state law, it is illegal to fire an employee based on certain protected characteristics. These include:
- Race
- Gender
- Sexual orientation
- Religion
- Age (40 or older)
- Disability
- National origin
- Pregnancy or marital status
Firing an employee based on these factors is a clear violation of the Illinois Human Rights Act and Title VII of the Civil Rights Act of 1964. If you suspect your firing was motivated by discrimination, it is essential to consult an employment attorney to understand your options for filing a claim.
- Retaliation and Whistleblower Protection
Illinois law protects employees from retaliation if they engage in certain protected activities, such as:
- Filing a workers’ compensation claim
- Reporting unsafe working conditions
- Reporting illegal activity (e.g., fraud, safety violations)
- Serving on a jury or participating in a legal investigation
- Filing a harassment or discrimination complaint
If you were fired for engaging in any of these activities, it may be considered wrongful termination under Illinois’ Whistleblower Act.
- Violation of Implied Contracts or Public Policy
Sometimes, employees may have an implied contract or agreement with their employer, even without a written contract. If your employer violates these implied agreements or terminates you in violation of public policy (for example, firing you for taking time off to vote), this may constitute wrongful termination.
How to Handle a Wrongful Termination Claim in Illinois
If you believe you were wrongfully terminated, it is important to act quickly. Here are the steps to take:
- File a Claim with the EEOC or IDHR (If Discrimination Is Involved)
If your wrongful termination claim involves discrimination, you may need to file a complaint with the EEOC (Equal Employment Opportunity Commission) or the IDHR (Illinois Department of Human Rights). These agencies handle discrimination claims related to protected characteristics such as race, gender, age, or disability. However, both agencies can be complex, with detailed procedures and strict deadlines.
Navigating these agencies without legal guidance can be challenging. An experienced employment lawyer can help you understand how to properly file your complaint, ensure your claim is timely, and guide you through the process.
- Pay Attention to Short Deadlines
When pursuing a wrongful termination claim, there are short deadlines to file your claim. Missing these deadlines could prevent you from pursuing your case, even if the termination was illegal. A lawyer can help ensure that all necessary steps are taken within the required timeframe.
- Consult an Employment Lawyer
It is highly recommended to consult with an employment attorney who specializes in wrongful termination cases. A skilled lawyer can help you assess whether your termination violated Illinois or federal law, represent you in discussions with your employer, and help you file a lawsuit if necessary. They can also assist in gathering the evidence you need, such as performance reviews, emails, and witness testimonies, which are crucial to the success of your case.
Severance Agreements: What to Consider Before Signing
Some employers offer severance packages when they let employees go. These agreements often require you to waive your right to sue in exchange for financial compensation.
Before signing any severance agreement, it is crucial to consult with an employment lawyer. An attorney can help you understand whether you are giving up any legal rights by signing and can negotiate a better deal on your behalf. Be cautious of severance agreements that may contain non-disclosure or non-compete clauses, which could limit your ability to speak freely or work in certain industries in the future.
How an Employment Lawyer Can Help You
Navigating a wrongful termination claim can be complex, especially when dealing with at-will employment laws. Here are some ways an employment attorney can assist you:
- Review your case and determine if your termination violated Illinois or federal laws
- File a claim with the EEOC or IDHR on your behalf (if your claim involves discrimination)
- Negotiate settlements or severance agreements
- Represent you in a wrongful termination lawsuit if necessary
- Gather evidence, including documentation and witness statements, to strengthen your case
Having a skilled attorney can help you understand your rights, explore all legal options, and pursue the compensation or justice you deserve.
If you believe you have been wrongfully terminated, contact us today at 815-455-3000 for a free consultation to discuss your case with one of our employment law attorneys.
Click here to learn more about Attorney Shawn Sullivan.
*The content of this blog post is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. You should not rely on this information as a substitute for legal counsel, and we recommend consulting a licensed attorney in Illinois for advice specific to your situation. Viewing or interacting with this blog does not establish an attorney-client relationship, which can only be formed through a written agreement.