Illinois is an “at-will” employment state. That means that, in general, an employer can let an employee go for any reason, and without notice.
However, there are exceptions to that rule. It’s considered “wrongful termination” or “unlawful termination” when an employer violates those exceptions.
So, what are those exceptions in Illinois? They include things like discrimination, breach of contract, retaliation, and termination related to legally protected time off. Let’s take a closer look at what constitutes unlawful termination in Illinois.
What is wrongful termination in Illinois?
Wrongful termination means that an employer fired an employee for an illegal reason. In Illinois, employers cannot legally fire you if doing so violates state or federal law, or if the firing violates public policy. For example, firing an employee for reporting illegal activity is wrongful termination.
If you believe you were wrongfully terminated, the burden of proof falls on you. You’ll have to show that your employer violated the law. Because these cases can be complex, you should speak with an experienced Illinois employment lawyer.
Wrongful termination and employment contracts in Illinois
In Illinois, most employment is “at will,” meaning an employer can fire an employee for any reason that isn’t discriminatory or illegal. However, an employment contract can change the rules.
Types of employment contracts
Contracts can be written, oral, or implied. A written contract is a signed document that spells out the terms of employment. An oral contract is an agreement you make verbally with your employer. An implied contract is created by the employer’s actions or policies, such as promising job security in an employee handbook.
Contractual exceptions to at-will employment
A valid employment contract can limit an employer’s right to fire you at will. For example, a contract might state that you can only be fired for “just cause,” meaning a specific, legitimate reason. A contract might also outline a specific process the employer must follow before firing you.
Breach of contract claims
If you have a contract and your employer violates its terms by firing you improperly, you may have a breach of contract claim. It’s important to carefully review your employment contract to understand the termination clauses and your rights.
Wrongful Termination and Discrimination in Illinois
In Illinois, employment laws protect workers from being fired for discriminatory reasons. This means employers can’t terminate you based on certain characteristics.
Protected Characteristics Under Illinois Law
Illinois law prohibits employers from firing employees based on their race, sex, age, national origin, disability, pregnancy, citizenship status, religion, or marital status.
It’s worth noting that some of these protections apply only to larger employers. For instance, age discrimination laws generally apply to employers with 20 or more employees, while citizenship status discrimination rules kick in for those with at least 4 employees. Disability discrimination laws, on the other hand, cover employers of any size.
Proving Discrimination
To prove wrongful termination based on discrimination, you’ll need to show that your protected characteristic was a motivating factor in your employer’s decision to fire you. This can be done through different types of evidence, including direct evidence (like discriminatory statements), circumstantial evidence (suggesting discrimination), or statistical evidence (showing a pattern of discriminatory behavior).
Filing a Charge of Discrimination
Before you can file a lawsuit for wrongful termination based on discrimination in Illinois, you typically need to “exhaust administrative remedies.” This means you must first file a charge with the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC). It’s important to be aware of the deadlines for filing these charges, as missing them can prevent you from pursuing a lawsuit later. Your attorney can advise you about the process.
Retaliatory Discharge in Illinois
Retaliatory discharge means that your employer fired you because you did something you have a legal right to do. In other words, they punished you for exercising your rights.
Here are some examples of actions that Illinois law protects:
- Filing a worker’s compensation claim after a workplace injury.
- Reporting harassment or discrimination in the workplace.
- Whistleblowing, or reporting illegal activity by your employer.
To win a retaliatory discharge case, you generally have to prove three things:
- You engaged in a protected activity.
- Your employer took an adverse action against you (like firing you).
- There’s a causal link between your protected activity and the adverse action. In other words, you have to show they fired you because you did that protected thing.
Wrongful Termination Due to Time Off Work in Illinois
Illinois and federal laws protect you from being fired for taking legally protected time off. This means your employer can’t terminate you for taking time off for certain reasons. If they do, it could be considered wrongful termination.
Examples of protected time off include:
- Military leave (up to five years)
- Jury duty
- Voting
- Family and medical leave (typically up to 12 weeks per year or 26 weeks in a single year to care for a family member who is seriously injured while serving in the military)
The Family and Medical Leave Act (FMLA) and the Illinois Family Military Leave Act provide specific protections. These laws ensure you can take leave for qualifying reasons without fear of losing your job and guarantee reinstatement to your position upon your return.
How to challenge unlawful termination in Illinois
If you feel that you have been unlawfully terminated from your job, you should:
- Follow all administrative procedures required by your employer.
- Collect all evidence that supports your claim.
- Consult with an employment lawyer as soon as possible.
- File a lawsuit within the statute of limitations.
Speaking with an experienced employment attorney early in the process can help you understand your rights and the best course of action.
Statute of Limitations for Wrongful Termination Claims in Illinois
It’s important to know that you can’t wait forever to file a lawsuit. A “statute of limitations” puts a strict deadline on your ability to take legal action. If you miss the deadline, you lose your right to sue, no matter how strong your case might be.
The statute of limitations depends on the specific type of wrongful termination claim you’re making. That’s why it’s essential to speak with an employment attorney as soon as possible.
Proving Wrongful Termination in Illinois
If you believe you were wrongfully terminated in Illinois, you’ll need to provide evidence. This may include:
- Your employment contract (if you have one)
- Your performance reviews
- Testimony from witnesses
- Emails and other communications with your employer
It’s important to document everything, including the events leading up to your termination and any communications you had with your employer. The more documentation you have, the stronger your case will be.
Remedies for Wrongful Termination in Illinois
If you win a wrongful termination lawsuit, you may be entitled to remedies to make up for what you’ve been through. There are two main types of remedies:
Monetary damages
Monetary damages are awarded to compensate you for the financial harm you suffered. These can include:
- Back pay, or the wages you lost from the day you were terminated up to the present
- Front pay, or an estimate of the earnings you’ll miss out on in the future
- The value of any lost benefits
- Compensation for the emotional distress the termination caused you
Other forms of relief
In some cases, a court may order remedies beyond monetary damages. These can include:
- Reinstatement, or being rehired to the job you were wrongfully terminated from
- Non-economic damages to compensate you for emotional distress, pain, and suffering
- Injunctions, or court orders requiring the employer to take or refrain from taking certain actions
Final Thoughts
Illinois law protects employees from being fired for illegal reasons. It’s important to understand your rights and your employer’s responsibilities.
If you think you’ve been wrongfully terminated from your job, seek legal advice from an experienced employment attorney. They can help you understand your options and protect your interests.