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What you should know before filing a wrongful termination lawsuit

On Behalf of | Jan 16, 2025 | EMPLOYMENT LAW (EMPLOYEE) - Wrongful Termination

Rushing to court after a wrongful termination might feel like the right move, but it’s crucial to hold off for a bit. Filing a lawsuit without understanding your rights or assessing the specifics of your case could backfire and harm your chances of a successful outcome.

Wrongful termination claims are often complex, and the process can take time to resolve or even reach court. Here is what you should know before filing a wrongful termination lawsuit against your employer.

Understand what the law says

Illinois is an at-will employment state, and your employer has the right to terminate you for any reason as long as it’s not unlawful. You might have a valid wrongful termination claim if your employer fired you in violation of anti-discrimination laws, in retaliation for asserting your rights or in breach of an employment contract. Even if that’s the case, you should not rush to court.

Gather evidence

Collecting evidence in your support before taking action for wrongful dismissal is in your best interests. This might include emails, performance evaluations and any communication with your employer relating to your termination. The more evidence you have, the stronger your case will be.

Take informed action

Depending on the reasons for your wrongful dismissal, there may be specific steps you need to take before filing a lawsuit. For instance, if your termination is based on discrimination, you must first file a charge with the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR). If efforts to resolve the matter fail, you can proceed to court.

It’s also worth noting that wrongful termination claims are fraught with tight deadlines, and failing to adhere to them could jeopardize your case. Seeking legal guidance to navigate the necessary steps can help ensure you’re on the right path to getting justice and protecting your rights.

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