What is wrongful termination?
Wrongful termination is another way of saying your employer fired you illegally. In Illinois, employers generally can fire at-will employees for a good reason, bad reason, or no reason at all, as long as it is not an illegal reason. Illegal reasons can include firing someone because of their race, color, religion, sex, national origin, ancestry, age, disability, pregnancy, sexual orientation, gender identity, or another protected characteristic under Illinois law. It is also potentially illegal to fire an employee for making a complaint about discrimination or harassment, participating in an investigation, or engaging in other legally protected activity. This is known as retaliation. For employees who have employment contracts, such as executives, physicians, or company founders, wrongful termination can also involve an employer breaching the terms of the employment contract when firing the employee.
I have heard that Illinois is an at-will state, what does that mean?
It means that Illinois employers can generally fire at-will employees at any time for nearly any reason. It may seem strange, but Illinois employers often do not even have to give their employees a reason for firing them. However, there are important exceptions to at-will employment. Employees still have important rights to be free from discrimination, harassment, and retaliation, and may be protected when reporting certain unlawful conduct or exercising rights protected by state or federal law. An employment contract or other agreement can also change the terms of an at-will employment relationship.
I have an employment contract; how do I know if my Chicago employer breached the contract by firing me?
The answer depends on the specific terms of your employment contract and the circumstances surrounding your termination. Generally, an employee bringing a breach of employment contract claim in Illinois must show that a valid and enforceable contract existed, the employee fulfilled their obligations under the contract, the employer breached the contract, and the employee suffered damages as a result of the breach.
These disputes often turn on the language of the employment agreement, particularly how terms such as “good cause” or “for cause” are defined. For example, a Chicago executive may dispute whether an employer had sufficient cause to terminate them based on alleged poor performance or other conduct. Employees should carefully review and negotiate these terms before entering into an employment agreement. Ultimately, whether a termination breached an employment contract depends on the specific language of the agreement and the circumstances surrounding the termination. A Chicago Kaplan lawyer can review your employment agreement and help you understand your options under Illinois employment law.
I was fired because of my religion, is that legal?
Absolutely not! Firing an employee because of their religion or sincerely held religious practices can constitute unlawful employment discrimination under Illinois and federal law. The Illinois Human Rights Act prohibits discrimination in employment based on religion, including in hiring, firing, compensation, promotion, discipline, and other terms and conditions of employment.
Illinois law also protects employees from employment discrimination based on characteristics including:
- Religion
- National Origin
- Age
- Color
- Disability
- Pregnancy
- Race
- Sex/gender
How do I prove I was fired for discriminatory reasons?
Proving that you were wrongfully terminated because of discrimination can depend on the facts and evidence surrounding your termination. In Illinois, evidence of employment discrimination may include showing that:
- You are a member of a protected class, such as being pregnant, disabled, or age 40 or older;
- You were qualified for and performing your job;
- You were fired or otherwise subjected to an adverse employment action; and
- Employees outside your protected class who were similarly situated were treated more favorably.
Other evidence can also be important in a Chicago employment discrimination case. For example, discriminatory comments made by supervisors or decision-makers, differences in how employees were disciplined, suspicious timing, or other circumstances surrounding your termination may help show that discrimination played a role in the employer's decision. Illinois law also recognizes claims supported by direct or circumstantial evidence of discrimination.
How do I prove I was fired because of my protected status?
Any evidence that shows bias by a Chicago employer against a protected class can help support an employment discrimination claim. Comments by supervisors or other decisionmakers that suggest an intent to discriminate may be important evidence. Other evidence can include company policies, treatment of similarly situated employees, performance records, emails, or the timing of the termination. For example, a workplace policy that requires employees with disabilities to be fully recovered before returning to work, even when they are otherwise able to return with a reasonable accommodation, may be relevant evidence in a disability discrimination claim.
In an Illinois employment discrimination case, the circumstances surrounding your termination matter. If you believe you were fired because of a protected characteristic such as your race, religion, sex, age, disability, pregnancy, national origin, or another characteristic protected under the Illinois Human Rights Act, a Kaplan Chicago employment lawyer can review the evidence and help you understand your options.
What other factors suggest discrimination?
Other factors can include a history of discrimination by the employer, whether the employer's stated reason for firing you is consistent with your performance and employment history, whether similarly situated employees were treated differently, and statements by supervisors or other decisionmakers that suggest bias. Company policies, emails, performance reviews, and other employment records may also provide evidence of discrimination in an Illinois employment case.
What is wrongful termination based on retaliation?
Retaliation is when an employee is fired or otherwise treated adversely for exercising a legal right or engaging in legally protected activity. This can include reporting discrimination or harassment, participating in an investigation, requesting certain protected leave or accommodations, filing a workers’ compensation claim, or reporting certain unlawful conduct.
If you are fired from your job because of one of these actions or something similar, you may have a retaliation claim under Illinois or federal law. If you believe you were wrongfully terminated in retaliation, contact an employment lawyer to discuss your situation and legal options.
How do I prove I was fired as part of retaliation?
To establish a retaliation claim in Illinois, you generally need to show that:
- You engaged in a legally protected activity, such as reporting discrimination or harassment;
- Your employer took an adverse employment action against you; and
- There is a connection between your protected activity and the employer's action.
Evidence such as the timing of your complaint and termination, changes in your treatment at work, or statements by decisionmakers may help show a connection.
I’m pretty confident I have been a victim of wrongful termination, what do I do now?
Take action! Losing your job can be very stressful, especially when you believe you were fired for an illegal reason. You should contact a Chicago wrongful termination lawyer as soon as possible to discuss your situation and legal options.
Deadlines vary depending on the type of claim. Some employment discrimination claims may require filing with the the Equal Employment Opportunity Commission (EEOC) before filing a lawsuit. Because these deadlines can be short, it is important to speak with an Illinois employment lawyer promptly.
I was fired for being pregnant, is that against the law?
Yes. Pregnancy discrimination is illegal under federal and Illinois law. An employer generally cannot fire, refuse to hire, demote, or otherwise discriminate against an employee because she is pregnant. Illinois law also provides protections for pregnancy-related accommodations, including reasonable changes to job duties or work conditions when required by law. If you believe you were fired or treated unfairly because of your pregnancy, contact a Chicago employment discrimination lawyer to discuss your rights and legal options.
I was fired for illegal reasons two months ago, is it too late to make a claim?
No. If you were fired for an illegal reason two months ago, you may still have time to pursue a claim. In Illinois, most employment discrimination, harassment, and retaliation charges must be filed with the Illinois Department of Human Rights (IDHR) within two years of the alleged violation. Federal discrimination claims generally have a 300-day deadline for filing with the EEOC in Illinois.
Other employment claims, such as breach of contract or wage claims, can have different deadlines. Because the applicable deadline depends on the type of claim, it is important to speak with a Chicago wrongful termination lawyer as soon as possible to protect your rights.
What kind of compensation can I expect in a wrongful termination case?
Every retaliation case is different, and the compensation available depends on the specific law involved and the harm you experienced. Depending on the claim, you may be able to pursue:
- Lost wages: Back pay, front pay, and lost benefits resulting from reduced hours, demotion, or termination;
- Emotional distress: Compensation for emotional harm caused by the retaliation, when available under the applicable law;
- Other damages: Compensation for other losses caused by the employer's unlawful conduct;
- Reinstatement or other relief: In some cases, you may be entitled to reinstatement or other equitable relief; and
- Attorney's fees and costs: Some Illinois and federal employment laws allow successful employees to recover reasonable attorney's fees and litigation costs.
The amount of compensation available depends on the type of retaliation claim, the losses you experienced, and the applicable Illinois or federal law. A Kaplan Chicago lawyer can review your case and explain what damages and other remedies ay be available.
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