Illinois workers have protection against discrimination, retaliation, and wrongful termination. If you were illegally fired in Illinois you can file a wrongful termination against that employer. You can use these tips to learn how to file a wrongful termination claim in Illinois if you were fired illegally or forced to resign because of discrimination.
Understand Your Rights
Every worker in Illinois has laws that protect them from things like wrongful termination. Workers in Illinois are protected from discrimination, retaliation, a hostile work environment, and wrong termination by both state and Federal laws. Some of the laws that protect workers in Illinois include:
- Title VII of the Civil Rights Act
- The Americans With Disabilities Act
- The Age Discrimination in Employment Act of 1967
- The Family Medical Leave Act
- The Illinois Human Rights Act
If your former employer violated your rights under any of these laws you can file a claim against them with the Equal Employment Opportunity Commission. The EEOC is a Federal agency and can investigate in any state including Illinois. The EEOC will investigate your claim and share information with the state labor authorities about the investigation. If the EEOC finds that you were the victim of wrongful termination you could be awarded money for damages.
Determine If Your Firing Was Illegal
The first thing that you need to do is understand whether or not your firing was illegal. Since many states are at-will employment states and employers don’t need a specific reason to fire someone, most people assume they don’t have a right to file a wrongful termination claim. But if your employer fired you for a reason that is illegal, like discrimination, you can file a wrongful termination claim. It’s important that you understand your employment rights so that you will know if your employer violated your rights and fired you illegally.
Document Everything
Evidence is crucial when you are filing a complaint with the EEOC against an employer or a former employer. You will have to be able to prove that there was a pattern of discrimination against you that led to your firing. Some of the different types of evidence that can help your case are:
- Termination letter
- Warnings or write ups
- Text messages
- Slack messages
- Voicemails
- Videos of discrimination like being called names, being the butt of the jokes in the office, or in any way being discriminated against.
- Audio recordings
- Evaluations
- Schedules
- Pay stubs
And other documents. If you’re not sure what evidence you need, have an Illinois wrongful termination lawyer examine all your evidence and help you decide what should be included with your claim.
File In a Timely Manner
You can’t wait too long to file a wrongful termination claim. Once you leave that job the clock is ticking. The Illinois Department of Labor gives you 300 days to file a claim against your former employer but the EEOC only gives workers 180 days. You must start your claim within those time frames, or you will lose your right to sue your employer.
Speak With an An Illinois Wrongful Termination Lawyer
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