Illinois is an at-will employment state; however, that doesn’t mean that all terminations are lawful. It’s still possible for wrongful termination to occur in certain cases. A termination is considered illegal if it violates anti-discrimination laws, employment contracts or public policy.
Employers are also forbidden from terminating an employee for engaging in a protected activity. These include things like reporting harassment, whistleblowing on illegal activities, taking leave under the Family and Medical Leave Act or filing for a workers’ compensation claim. Being fired for any of those reasons is considered retaliation.
It’s also possible to face retaliation without being terminated. Retaliation is any negative employment action, even as seemingly minor as being put on a less desirable shift, that occurs in response to an employee engaging in a protected activity. This doesn’t provide employees with free rein because they can still face consequences for violating company policies, as long as the same punishment would apply to any employee who broke the same policy.
Wrongful termination cases can be challenging
Wrongful termination cases can be challenging because employees have to show that there was an illegal aspect of the termination. Employers may argue that there were reasons not considered illegal for the termination, so employees may need to have copies of their performance reviews, company policies and all correspondence related to the termination.
Employees who are wrongfully terminated from their jobs may decide to take legal action. A legal claim may seek a variety of remedies, such as reinstatement and back pay. This process can be complex, so it may be beneficial to have someone their side who’s familiar with these matters.