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Law Office of Michael T. Smith
Northern Illinois Employment Law Firm

How to Deal With Retaliatory Discharge

Every year thousands of people lose their jobs due to retaliatory discharge. Under the law, employers cannot fire an employee as a punishment for a protected activity. While the law in Illinois allows employers to fire their employees for any reason they deem fit, it provides certain protection to the workers as well. But due to confusion and lack of clarity regarding the legal rights, most employees do not realize that they have been made a victim of retaliatory discharge.

According to experienced retaliatory discharge lawyers, many victims are not even aware of their civil rights and therefore do not press charges against their employers. Being a type of wrongful termination, people who have been subjected to retaliatory discharge can sue their employers for damage.

How do you know that you have been subjected to retaliatory discharge?

Getting fired from your job can have a lot of reasons. From below par performance to downsizing, your employer can fire you for a wide range of reasons. But if your termination was motivated by something you did which was protected by law, such as reporting illegal activities of the organization or any of its members, you might be a victim of retaliatory discharge. In other words, if your termination is fueled by any action you took recently which was within the confines of law, you might have a strong case against your employer.

You can report your employer's actions to the EEOC or IDHR (Illinois Department of Human Rights) before the statute of limitations run out. It is recommended that you seek the assistance of a retaliatory discharge lawyer to ensure that their report is substantial and potent.

What is the statute of limitations for filing a case against your employer?

In the state of Illinois, the statute of limitations for filing a lawsuit or complaint against the wrongful termination by your employer is five years. But if you do not wish to file a lawsuit but merely file a complaint with the IDHR, you have to do it within 6 months of the day your retaliatory termination took place.

If you feel like you have been subjected to retaliatory discharge at work or wish to schedule a free consultation with an experienced retaliatory discharge lawyer, contact the Law Office of Michael Smith at (847) 220-5197.

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