Employees should never have to choose between doing the right thing and keeping their jobs. Unfortunately, some employers retaliate against workers who report illegal activity, workplace violations, or unethical conduct. This form of retaliation is known as retaliatory discharge, and both federal and Illinois laws provide protections for whistleblowers.
In Illinois, employers cannot fire an employee for reporting unlawful activity. Under the Illinois Whistleblower Act (740 ILCS 174), it is illegal for an employer to take adverse action against an employee for disclosing information about a violation of state or federal law. Similarly, federal laws such as the Sarbanes-Oxley Act and the Occupational Safety and Health Act (OSHA) provide protection for employees who report workplace safety violations, financial fraud, or other illegal actions.
Despite these protections, wrongful terminations still happen. If you have been fired for reporting illegal conduct, fraud, workplace safety violations, or unethical business practices, you may have grounds for a retaliatory discharge lawsuit.
Employees are protected from retaliation when they report a wide range of illegal or unethical activities, including but not limited to:
The Illinois Whistleblower Act states that an employer cannot retaliate against an employee for disclosing information that they reasonably believe is a violation of the law. Additionally, under 740 ILCS 174/20, an employer cannot enforce any policy or rule that prevents employees from reporting illegal conduct to law enforcement or regulatory agencies.
Retaliation can take many forms beyond outright termination. Employers often attempt to punish whistleblowers through other adverse employment actions, including:
If an employee suffers any form of retaliation after reporting illegal activity, they have legal rights under state and federal whistleblower laws.
If an employee is wrongfully terminated for reporting illegal activities, they may file a retaliatory discharge lawsuit. Under Illinois law, employees must demonstrate the following elements:
Illinois courts have upheld retaliatory discharge claims in cases where employees were terminated for reporting violations of public policy. If an employee prevails in their lawsuit, they may be entitled to:
Under Title VII of the Civil Rights Act, additional federal protections exist for employees who report discrimination, harassment, or civil rights violations in the workplace.
If you believe your employer is retaliating against you for reporting illegal activity, document everything. Keep records of any emails, performance evaluations, disciplinary actions, or witness statements that may support your claim. Additionally, consider consulting an employment attorney as soon as possible.
Even if a report is made anonymously, an employer may still retaliate if they suspect an employee was responsible. However, retaliation remains illegal regardless of whether the employer has direct proof of the complaint’s origin. Employees should take steps to protect themselves by keeping detailed records and seeking legal advice if necessary.
The time limit, or statute of limitations, varies depending on the type of claim. Under Illinois state law, most wrongful termination claims must be filed within five years. However, some federal whistleblower claims have much shorter deadlines, as little as 180 days in some cases. Consulting an attorney promptly is the best way to ensure compliance with all legal deadlines.
Not necessarily. Circumstantial evidence can be enough to prove retaliation. For example, if an employee reported illegal conduct and was fired shortly thereafter without any other justification, that timing may be used as evidence of retaliation.
No. An employee is not required to prove that illegal activity actually occurred—only that they had a reasonable belief that a violation took place. Under the Illinois Whistleblower Act, retaliation is prohibited even if an investigation later determines that no wrongdoing occurred.
The Illinois Whistleblower Act primarily protects employees, but some federal laws, such as the False Claims Act, provide limited protections for independent contractors who report fraud against the government. An employment attorney can review whether protections apply in a specific case.
If you believe you have been fired or retaliated against for reporting illegal activity, you do not have to face this battle alone. At North Suburban Legal Services, we fight to protect employees from unlawful retaliation and help them recover the compensation they deserve.
To receive a free consultation with our Chicago wrongful termination lawyers, contact North Suburban Legal Services at 312-909-6089. We represent clients throughout Chicago and are committed to holding employers accountable for workplace violations.