If your job loss was a result of your being fired, and you believe your termination was due to your legal rights being violated, the Goldman & Ehrlic law firm is your best resource to assist you in determining if you should pursue legal recourse against your former employer.
Wrongful Discharge in Chicago
The State of Illinois adheres to the employment-at-will doctrine as do the most states; however, the majority of states do have exceptions that protect employees from wrongful discharge. Illinois is one of 43 states allowing for the Public –Policy Exception where an employee may be considered wrongly terminated if there is a definitive public policy in place under the laws of that specific state (such as Illinois) whereby it is determined the employee was terminated due to his refusal to break a state law. An example would be if the employee filed a workers’ compensation claim, and thus was terminated as a result of filing the claim; yet, there is a well-defined public policy stating that according to the laws established by that state, the employee cannot be discharged from his employment resulting from filing a workers’ compensation claim.
Exceptions that Result in Wrongful Termination
Another exception to the employment-at-will, for Chicago and the state of Illinois, would be the Implied-Contract Exception. While most employees do not have specific written contracts with their employers, if an employer makes an oral agreement with an employee as to employment expectations for that specific employee, the oral agreement may be considered an implied-contract. Another implied-contract exception could result from an employee handbook that may “imply” an agreement between the employer and the employee based upon the employee adhering to the employer’s rules, regulations, and policies, if an employer is not careful to include a waiver stating the handbook is not to be considered as a contract for employment. Illinois is one of 38 states allowing the Implied-Contract Exception.
The attorneys at Goldman & Ehrlich law firm will make sure that you receive excellent personalized legal service regardless of the issue that you are facing. We offer free consultations to all of our clients, which are completely confidential. Call now at 312-332-6733 or fill out our contact form.
Goldman & Ehrlic have a thorough knowledge and understanding of the Civil Rights Act of 1964, Title VII, and the Illinois Human Rights Act, and will be a valuable asset in determining if you have a strong discrimination case against your employer.
While the majority of employers make every effort to avoid any hint of racial discrimination, there are those who still violate the law, and your human rights, creating a work environment that is inherently discriminatory.
In most discrimination cases, an employer is not overtly discriminatory, but will make an effort to appear to treat each employee equally. In these cases, it is important to have detailed documentation of events, times, and actions taken by the employer in order to back up your discrimination claim. The court will look closely at your burden of proof to determine if your human rights have been violated. It is more difficult than simply stating, “I was not hired due to my ethnicity or race.” Instead, you must prove that you were the best candidate for the job, but regardless of your qualifications, etc., you were not offered the job because they discriminated against you.
Discrimination Against Race in Chicago
Under the Illinois Human Rights Act, there are only three races that are allowed to file discrimination suits:
This means that if you are Hispanic you cannot file a discrimination suit under the Illinois Human Rights Act; you must file under color, Ancestry, or citizenship.
Goldman & Ehrlic have more than 25 years of experience with all areas of the Illinois Human Rights Act, employment laws and the variations in discrimination law suits; they will provide you with expert advice, and will not waste your time or money becoming involved in a discrimination suit they do not believe you can win.
If you believe that you are a victim of sexual harassment in your work place in Chicago, IL, there are several steps you need to follow in order to carefully document your accusations, as proof of the harassment, and your on-going concerns surrounding the harassment:
- Document each event, including the date, time, and place. If possible, also include the name(s) of anyone who witnessed the encounter as they may need to help confirm the validity of your accusations.
- Your supervisor & your company human resources department should also be notified providing none of them are involved in the harassment charges; otherwise, you should contact another superior to report the harassment.
- File a complaint with the Equal Employment Opportunity Commission (EEOC) office in Chicago, Illinois. You may also want to contact the Illinois Department of Human Rights (IDHR) to investigate your complaint.
- In your meetings with EEOC and the IDHR be sure to have your documentation with you.
- File your claim within the 180-day timeframe required by law.
After your claim is filed, your employer is prohibited from any retaliation against you such as demotion, laying you off, or firing you.
Advocacy for Sexual Harassment in Chicago
If your sexual harassment case is not resolved by the EEOC within six months, you have the right to seek justice with a harassment claim within the next three months. If you decide to file a lawsuit, you should contact Goldman & Ehrlic in Chicago at 312-332-6733 or fill out our contact form. Our Illinois sexual harassment lawyers will handle your case with the professionalism, determination, and expertise to fight for you and your rights.
Call Goldman & Ehrlic today for a free consultation.