Fighting Against Accusations of Wrongful Termination in Illinois

 Posted on March 14, 2022 in Employment Law

The state of Illinois is an at-will employment state, meaning employers are generally allowed to terminate employees for whatever reason they like. However, for many employees, the loss of their job can be so upsetting that they will accuse their employer of terminating them illegally. If you have been accused of an illegal employee termination, contact a Schaumburg, IL employment attorney right away.

Wrongful Termination

There are legal protections in place to protect workers from wrongful termination. “Wrongful termination” does not necessarily mean the termination was unjustified or unfair. It means that the termination violates the law in some way.

Examples of violations include:

• The termination would violate a contract between the employer and the employee

• The termination was done on a discriminatory basis

• The termination was done in retaliation because of action by the employee that he or she had the right to do

Employment Contracts

Employees who have an employment contract are not considered to be “at will” employees. Instead, employment contracts impose a legal obligation between the employer and the employee that the employee will remain employed until the termination of the contract. Early termination of the employee would be an early termination of the contract, which is a violation of the terms of the contract.

Discriminatory Termination

Termination of an employee on the basis of discrimination is a violation of state and federal employment discrimination laws. There are certain legally protected statuses for which an employee cannot be discriminated. These include the employee’s age, sex, race, religion, disability, national origin, pregnancy, genetic information, marital status, sexual orientation, gender identity, military status, unfavorable military discharge, arrest record, and lack of a permanent mailing address.

Retaliatory Termination

Employees have certain protected rights under state and federal laws, and under these laws workers are allowed to exercise their rights without having to fear being terminated from their job. These rights include:

• Filing a workers’ compensation claim

• Taking legally-protected time off under the Family Medical Leave Act (FMLA), for jury duty, military leave, etc.

• Reporting the company for a workplace safety violation

• Reporting wrongdoing by the company

• Filing a sexual harassment complaint

Employees have the right to report instances of illegal conduct to the appropriate government authorities and can refuse to participate in company activities that the worker believes to be illegal.

Contact an Illinois Employment Law Attorney

If you have been accused of violating an employee’s rights by illegally terminating them, contact a seasoned Schaumburg, IL employment law attorney. These accusations can result in hefty fines and damage payouts if the employee prevails in their legal action. Call The Miller Law Firm, P.C. at 847-995-1205 and find out what legal options you may have defending against these charges.

Sources:

https://www.dol.gov/agencies/whd/fmla