Being wrongfully terminated can be more painful than losing a job due to a recession. The wrong termination can happen due to dissemination, refusing to be part of a criminal offense, acting as a whistleblower, or when an employee adheres to public policy. In all cases, an employee receives protection and they should file a charge against their employer, seek damages, or even be reinstatement to their old or a better position. The following are some reasons that should be carefully assessed before a charge for wrongful termination is filled with the Illinois Department of Human Rights.
Retaliatory discharge of an employee without legitimate grounds to dismiss is a form of wrongful termination. An employer may act in retaliatory discharge due to revenge when an employee refuses to carry out a task that is either illegal or may go against general norms of the workplace. According to the Illinois Workers Compensation Act and the Illinois Human Rights Act, it is unlawful for an employer to engage in retaliatory discharge if an employee is exercising their legal rights. Retaliatory discharge is unlawful when an employee commits to following:
At-Will Employment in Illinois
The term 'wrongful termination' is an event where an employer fires or terminates an employee for reasons that are prohibited by law. However, there are several U.S. laws in that provide protection to employees against wrongful termination, especially when the case involves discrimination, sexual harassment, breach of contracts, violation of policy, or whistleblowing.
The Family and Medical Leave Act (FMLA) allows an employee to take a leave of absense to take care of their family when there is an extended medical problem with the employee or their family. Under FMLA, the employees are protected from discrimination, unfair discipline actions, being laid off or passed over for promotion, among other actions that an employer might take against them. However, there are certain conditions that an employee may fulfill in order to be eligible for FMLA.
The concept of whistleblowing is not something new in the United States. Since its inception, the US has embraced and promoted a culture of civic and public responsibility in order to protect the interests of the general public. In the modern corporate culture, whistleblowing happens to be an important aspect, which helps the US government to recover billions of dollars per annum in illegal profits and illegitimate funds.
Termination or being fired from your job is a common occurrence. Every year, thousands of people lose their jobs due to a wide range of reasons and subsequently get new jobs as well. While termination is a norm, there are some instances where termination is considered to be unfair and wrongful.
A vast majority of people who are wrongfully terminated from their jobs report that they were discriminated against on the basis of their race, gender or religion. According to statistics, over 90,000 people file complaints for being wrongfully terminated by their bosses. The number of wrongful terminations has seen an upward trend in recent years with an ever-increasing number of discrimination in workplaces.
If you recently lost your job for reasons you feel were unjustified than there is a big chance that you were wrongfully terminated. The state of Illinois allows workers to work at their own will. It indicates that an employee can be fired for any reason, anytime or for no reason at all.
Illinois is a state where employment is at will. This means that both the employer and the employee can terminate their working relationship at any time without prior notice or reason. At-will employment positions behave the same way in all other aspects of business, apart from allowing all parties to close their bond with each other. This may mean to you that there cannot be a wrongful termination in Illinois, but this is not the actual case. There are various instances where you can be wrongly terminated by your employer.