If you were wrongfully terminated from your job, you may have suffered financial and emotional discord due to your negative experience. Workers wrongfully terminated from jobs can seek compensation for their losses through legal action. If you feel you were wrongfully fired, you may be justified in filing a claim against the former employer.
- Types of Illegal Termination in Illinois
- Types of Legal Termination in Illinois
- At-will Employment Exceptions in Illinois
- Filing a Discrimination Charge With the Equal Employment Opportunity Commission in Illinois
- Filing a Lawsuit Against Your Employer in Illinois
What is a wrongful termination in IL? When workers are wrongfully fired from jobs it is due to a discriminatory or retaliatory reason. This wrongful dismissal is against the law and an employee can rightfully pursue a claim against the former employer. When pursuing an unlawful termination claim, you must prove your cause of action and the law violated by a previous employer.
For more information on wrongful termination in Illinois and how to seek justice, read the sections below.
Illinois Unemployment Resources
Types of Illegal Termination in Illinois
Most types of unlawful terminations are based on discrimination, including when an employer fires a worker based on age, gender, religion, nationality, veteran status, or disability. Types of unlawful terminations from employment also include retaliatory firings, such as a worker being let go because he or she is currently receiving worker’s compensation. If one of the types of illegal termination of employment transpire, the employee can pursue a claim against the employer.
An employee who experiences one of these types of illegal terminations in Illinois has grounds to seek legal action against the previous employer. All the types of illegal dismissal of employment violate a federal or state law. If an employee feels one of these types of illegal firing occurred, he or she will need to gather evidence and identify the cause of action to prove there was wrongful termination in a court of law.
Types of Legal Termination in Illinois
Since there are several legal reasons for terminating employees in Illinois, it can be hard for a worker to know if a dismissal was against the law or not. Types of legal dismissal of employment include the ending of an employee’s contract or company layoffs. Additional types of legal termination of employment are the closing of a business or the documented poor performance of an employee.
These types of legal firing in IL may cause an employee to suffer emotional and financial strife, but are legal. An employee subjected to one of these types of legal termination in Illinois is not eligible to file a wrongful termination claim because the former employer took legal action.
At-Will Employment Exceptions in Illinois
Is Illinois an at will state? Although at will employment exceptions in Illinois exist, the state does follow the at-will employment law. Exceptions to at will employment enhance the at-will employment law, so it is fair for both employees and employers.
What is employment at will? The at-will employment law declares that the termination of a working relationship between an employee and employer can occur at any time for any reason within the law.
The at will employment exceptions in Illinois observed include the public-policy exception (stating that employers cannot terminate employees if the dismissal violates a public policy) and the implied-contract exception (stating that an employee cannot be terminated if an implied contract is in place, even if it is not in writing).
These exceptions to at will employment ensure that the termination of a working relationship is justified and lawful.
Note: Illinois does not currently observe the covenant of good faith and fair dealing exception, which states that an employer must treat all employees fairly and in good faith, with no malicious intent.
Filing a Discrimination Charge With the Equal Employment Opportunity Commission in Illinois
If you plan on filing a charge of discrimination in Illinois, you will need to submit a claim to the Equal Employment Opportunity Commission (EEOC) within 180 days of your wrongful dismissal. The process of how to file an EEOC employment discrimination charge is available with help from the Chicago district office.
To file a wrongful termination discrimination charge, you can mail in your claim details, speak with an EEOC representative by phone or schedule a Chicago district office visit. Learning how to file a charge of employment discrimination in IL is important for the successful pursuit of your claim.
Once you file a wrongful termination discrimination charge, the EEOC will:
- Let you know if your claim is no longer open due to insufficient proof or if the agency will pursue an investigation.
- Possibly suggest mediation between you and your employer, which can take three months to complete.
- Start working on a voluntary settlement, which can take approximately 10 months if mediation was not successful or not advised.
- Grant you the Notice of Right to Sue your former employer if a settlement is u unreachable or the EEOC decides to stop the investigation.
Filing a Lawsuit Against Your Employer in Illinois
Before filing a wrongful termination claim against an employer, EEOC will need to grant you the Notice of Right to Sue. When you file a lawsuit against employers for wrongful termination, you must prove your firing was illegal by providing crucial evidence, such as witness testimonials and employment records.
Looking into how to file a wrongful termination lawsuit can help you to understand the process and your responsibilities as a claimant of these charges.
Can I file a lawsuit for wrongful termination? You should consider suing for wrongful termination in Illinois if you can pinpoint both the cause of action and the law your former employer violated. If you decide to file a lawsuit against your employer in Illinois, seeking the assistance of an experienced attorney is advised.
A lawyer can help you to gather evidence and explain your case so you can successfully prove wrongdoing.
Last Updated: October 18, 2022