As attorneys representing employees in Chicago, we know how upsetting it is to lose your job unexpectedly. Many of our clients come to us wondering whether their termination was lawful or whether it violated their rights. Illinois is an “at-will” employment state, which means that employers can generally terminate employees for almost any reason—or for no reason at all. However, there are clear exceptions under both federal and Illinois law where termination is considered wrongful. These exceptions exist to protect workers from illegal treatment, retaliation, and discrimination. Understanding what qualifies as wrongful termination can help you determine whether legal action is available to protect your rights and recover damages.
Federal employment laws protect workers from termination that violates civil rights or retaliation statutes.
Federal whistleblower protections also prohibit termination when employees report illegal activity to government agencies.
Illinois law also provides important safeguards.
Another form of wrongful termination in Illinois is retaliatory discharge, recognized by Illinois courts. This occurs when an employee is fired for reasons that violate public policy, such as reporting safety violations, filing for workers’ compensation, or refusing to engage in unlawful conduct at the employer’s request.
Employers often argue that Illinois’s at-will doctrine allows them to fire employees freely. While it is true that many terminations are legal under this rule, it does not protect employers who fire workers for discriminatory or retaliatory reasons. If your termination falls under one of the exceptions recognized by federal or Illinois law, you may have grounds for a wrongful termination lawsuit.
Employees who have been wrongfully terminated may be entitled to compensation, which can include:
The remedies available depend on the specific laws that were violated and the facts of the case.
Wrongful termination cases can be complex because they require proving the employer’s true motivation for firing the employee. Employers often attempt to cover up discriminatory or retaliatory motives with claims of poor performance or restructuring. As attorneys, we know how to uncover the evidence needed to prove wrongful termination, such as performance reviews, internal communications, and witness testimony. Taking action quickly is also important because both federal and Illinois laws impose strict deadlines for filing claims.
At-will employment allows employers to fire workers for almost any reason. Wrongful termination occurs when the firing violates a federal or state law, such as discrimination, retaliation, or violations of public policy.
No. Under the Illinois Whistleblower Act and federal whistleblower protections, you cannot be fired for reporting unlawful conduct. If you are terminated for reporting or refusing to participate in illegal activity, you may have a strong wrongful termination claim.
If you are terminated after filing for workers’ compensation benefits, this may qualify as retaliatory discharge under Illinois law (820 ILCS 305/4(h)). Courts have consistently protected employees from being punished for exercising their right to benefits.
Evidence may include emails, text messages, witness testimony, or inconsistencies in the employer’s stated reasons for termination. We work with clients to collect the necessary documentation and build a strong case.
Yes. Federal laws such as Title VII generally require filing a charge with the Equal Employment Opportunity Commission (EEOC) within 300 days. Under Illinois law, certain claims must be filed with the Illinois Department of Human Rights within 300 days as well. Acting quickly is essential.
You may recover lost wages, reinstatement, compensation for emotional distress, and, in some cases, punitive damages. The exact remedies depend on which laws apply to your case.
Yes. Many cases are resolved through negotiation or mediation before going to trial. A settlement can provide financial compensation without the time and stress of a court case, but we prepare each case as if it will go to trial to protect our clients’ rights.
Yes. The Illinois Human Rights Act (775 ILCS 5) specifically prohibits employment discrimination and termination based on sexual orientation, gender identity, or gender expression.
At North Suburban Legal Services, we stand with employees who have been wrongfully terminated in Chicago and across Illinois. We know how devastating it is to lose your job under unfair circumstances, and we are committed to holding employers accountable when they violate the law.
Contact our Chicago employment lawyers at North Suburban Legal by calling 312-909-6089 to receive your free consultation. We represent clients in Chicago and throughout the city of Chicago, Illinois. If you believe you were wrongfully terminated, we are here to protect your rights and fight for the compensation you deserve.