If you were illegally fired in Illinois, you can file a claim for wrongful termination. Before doing so, you may be able to receive compensation for any damages that have occurred from your wrongful termination.
Types of Wrongful Termination
There are several common types of wrongful termination. These include:
- discrimination;
- breach of an employment contract;
- retaliation for a legitimate action or complaint.
Both Illinois and federal legislation prohibits discrimination in the workplace. An employer cannot discriminate against an employee because of his/her:
- age;
- gender or gender orientation;
- religious affiliation;
- ethnic origin;
- race;
- disability;
- political leaning;
- pregnancy.
Generally, you would need to file a complaint first with either the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights.
Is Illinois an At-Will State?
Yes, Illinois is an at-will state. In Illinois, the majority of employment is categorized as at-will employment. This means that an employer or an employee can terminate their employment for any reason they choose as long as it is legal.
If you are fired in an at-will state like Illinois and you believe it is for an illegal reason such as discrimination or retaliation you may have been wrongfully terminated.
Wrongful Termination Laws in Illinois
There are a variety of laws in Illinois that protect employees from wrongful termination. These include:
Discrimination
According to Title VII of the Civil Rights Act of 1964, employers cannot discriminate against workers based on several demographic factors, which include race, gender, religion, and sexual orientation.
An employer that terminates a worker because of one or more acts of discrimination has violated the provisions written into Title VII. As a more comprehensive set of legal protections, the Illinois Human Rights Act prohibits discrimination in the workplace, as well housing and public accommodations.
Employment Contract
If you signed an employment contract to provide professional services over a designated period, the Illinois at-will employment doctrine might not apply to you if an employer terminated the contract. An employment contract stipulates pay, benefits, and the duration of the contract.
If an employer violated any part of an employment contract, you should fight back against the employer for wrongfully firing you from the job.
Retaliation
American employers cannot fire workers because of whistleblowing. For example, let’s assume a worker contacted the Occupational Safety and Health Administration (OSHA) concerning one or more workplace safety violations.
The whistleblower cannot be fired as an act of retaliation for communicating with OSHA. Proving an employer wrongfully terminated an employee as an act of retaliation can be difficult to do if there is not any physical evidence that supports the claim.
Leave
Both Illinois and federal employment laws protect workers when they take time off from work for legally valid reasons. Military personnel can take leave for as long as five years and still have their jobs available when they return to work.
Workers also have the right to take time off for voting and jury duty, without fear of losing their jobs. One of the most important laws passed to provide leave is called the Family Medical Leave Act (FMLA). The FMLA protects workers from termination by taking time off for illness and childbirth reasons.
Read our blog on Illinois Wrongful Termination Laws for more information.
How to Sue for Wrongful Termination in Illinois
Here are steps on how to sue for wrongful termination in Illinois:
- Gather evidence of a wrongful termination. When filing an Illinois wrongful termination claim in Illinois, you will need to show that your firing was illegal. This can be messages, photos, videos, past claims, logs of discriminating events, witness statements, etc. In Illinois, you will also need evidence of the actual firing.
- File a Claim with the EEOC or the Illinois Department of Human Rights. Both agencies oversee wrongful termination laws in Illinois, such as the Illinois Human Rights Act. If a resolution cannot be made, you may be able to file a lawsuit.
- Speak to an employment attorney taking cases in Illinois. An attorney can help you if you are given a ‘right to sue letter’ from the EEOC or IDHR, allowing you to file an Illinois wrongful termination claim against your employer. An attorney can help you gather more evidence, negotiate and represent you in court if needed.
Check out our blog more information on where to report wrongful termination in Illinois.
Illinois Wrongful Termination Payout
In Illinois you could get paid out anywhere between $5,000 to over $1 million for a wrongful termination settlement. The overwhelming majority of civil lawsuits, such as wrongful termination claims end up getting settled and not going to trial. The amount will vary based on your situation and the damages you have been awarded.
In an Illinois wrongful termination claim the amount you may be awarded could include compensation for the following:
- lost wages from losing your job until you find a new one;
- medical costs for treating the emotional distress suffered due to the wrongful termination;
- costs associated with seeking a new job like out of pocket expenses for preparing a job application;
- lawyer’s fees;
- court costs;
- punitive damages;
- an amount calculated for the pain and suffering or emotional stress caused by the wrongful termination in Illinois.
There are other remedies that a court could decide to award you that are not monetary damages such as being reinstated back into the job and imposing an injunction on the employer preventing this type of behavior happening again that caused the wrongful termination to occur in the first place.
Get Help Today For Illinois Wrongful Termination
If you have experienced wrongful termination while working in Illinois you should contact an Illinois employment lawyer before filing a complaint or considering suing your employer. A lawyer will assess your grounds for a complaint and will advise you how to proceed as well as what evidence you should provide.
Fill out a Free Case Evaluation form to get connected to a lawyer who can take a wrongful termination claim in Illinois.
