Losing a job is a difficult experience, but not every firing is illegal. Illinois follows an at-will employment doctrine, which means that employers generally have the right to terminate employees for any reason or no reason at all as long as it does not violate state or federal laws. However, if an employee is fired for reasons that infringe on protected rights, the termination may be unlawful.
Federal laws such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act provide protection against discriminatory firings. In Illinois, employees have additional safeguards under laws such as the Illinois Human Rights Act and the Illinois Whistleblower Act.
Illinois law prohibits employers from firing employees in retaliation for engaging in legally protected activities. Under the Illinois Whistleblower Act, employers cannot terminate employees for reporting illegal conduct or participating in an investigation. Similarly, the Occupational Safety and Health Act (OSHA) protects employees from retaliation when they report workplace safety violations.
Employers cannot terminate employees based on race, gender, religion, age, national origin, disability, or pregnancy. Under Title VII of the Civil Rights Act and the Illinois Human Rights Act, employees are protected against workplace discrimination. If a termination is based on protected characteristics, the employee may have grounds for a wrongful termination claim.
An employer cannot fire an employee for exercising legal rights or fulfilling civic duties. This includes:
Employees who have written contracts or implied agreements with their employers may not be legally terminated without cause. If an employer violates the terms of an employment contract, the employee may have a wrongful termination claim. Courts may also recognize implied contracts based on company policies and employee handbooks.
Even when an employee is not explicitly fired, an employer may create working conditions so intolerable that the employee is effectively forced to resign. This is known as constructive discharge, and it can be grounds for a legal claim if the resignation was the result of discrimination, retaliation, or unlawful employer conduct.
Employees who believe they were wrongfully terminated have options for seeking justice. Potential steps include:
If you suspect your firing was unlawful, document all interactions with your employer, collect evidence of retaliation or discrimination, and consult a retaliatory discharge attorney to review your legal options.
No. Under the Illinois Whistleblower Act, employers cannot terminate or retaliate against employees for reporting illegal activities to authorities.
Yes. The Americans with Disabilities Act (ADA) and the Illinois Human Rights Act protect employees from termination based on disabilities or medical conditions.
You will need documentation such as termination letters, emails, witness testimony, and employer policies that demonstrate your firing was based on unlawful reasons.
You may be able to file a lawsuit under the Illinois Workers’ Compensation Act, which prohibits employers from retaliating against employees for exercising their right to benefits.
No. If you qualify for Family and Medical Leave Act (FMLA) protection, your employer cannot legally terminate you for taking time off due to illness, injury, or caregiving responsibilities.
The statute of limitations varies based on the type of claim. In many cases, employees must file claims within 180 days with the EEOC or 300 days with the Illinois Department of Human Rights. Consulting an attorney will ensure your case meets all legal deadlines.
If you believe your employer wrongfully terminated you in violation of Illinois or federal law, you need strong legal representation. At North Suburban Legal Services, we fight for employees who have suffered retaliatory discharge and wrongful termination.
Contact our Chicago wrongful termination lawyers at the North Suburban Legal Services at 312-909-6089 for your free initial consultation. We proudly serve clients throughout Chicago and the surrounding areas.