Losing a job is always stressful, but losing one for the wrong reason can feel like a personal injustice. Illinois is an at-will state, which means an employer can fire you for almost any reason—or even no reason at all.
However, there are specific lines that employers cannot cross. When they do, a firing moves from being simply unfair to being illegal. Understanding the difference between a harsh business decision and wrongful termination is the first step in protecting your livelihood.
What does illegal dismissal look like?
Because at-will employment is the standard, many workers assume they have no recourse if they are let go. However, state laws carve out specific exceptions to protect employees. Here are common examples of wrongful termination:
- Discrimination: It is illegal to fire someone based on their race, gender, religion or other protected characteristics.
- Retaliation: Employers cannot punish you for engaging in legally protected activities. This includes firing someone for filing a discrimination complaint or reporting safety violations.
- Breach of contract: If you have a written employment contract promising job security for a set time, firing you before that time is up without “good cause” violates that agreement.
- Taking family leave: Under the Family and Medical Leave Act (FMLA), employers cannot terminate an employee for taking approved unpaid leave to care for a new child or sick family member.
It is important to note that employers rarely admit to these reasons. They will often try to mask an illegal firing by claiming “poor performance” or “budget cuts.” Recognizing the real reason behind the decision is crucial for determining if you have a valid legal claim.
Know your rights as an employee
If you suspect your firing was illegal, you do not have to just accept it and move on. Wrongful termination laws exist to ensure fairness in the workplace.
Gathering documents, saving emails and writing down timelines are simple steps you can take immediately to preserve the truth. Consulting with an employment lawyer can help you review the facts and determine if your rights were violated.