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:
The term "Retaliatory" is analogous to "revenge". Retaliatory discharge is a legal term which refers to an instance when an employee is terminated by their employer for a reason that is unrelated to their work-performance. As per many state and federal laws, retaliatory discharge is considered as wrongful termination as it is illegal conduct. If you believe that you have been victimized by your employer, you should immediately seek legal counsel from an experienced employment discrimination lawyer to learn about your options and check whether you have a valid claim or not.
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.
Retaliatory discharge is typically any sort of circumstance in which a worker or an employee is terminated for retaliation or punishment for performing or participating in a legally protected activity. Such legal action may include a discrimination claim, refusing to perform discriminatory behavior even if the employer asks, or whistleblowing about any illegal activity executed at the organization. Such form of discharge of an employee is wrongful termination. Employees facing such job termination should consult a reputable retaliatory discharge lawyer to help them defend their rights.
When employees complain against their employers about harassment, discrimination, or any other illegal act, they often face retaliation, leading to negative consequences for their job. However, several federal and state laws are in place that provide protection to such employees from unfavorable treatment and retaliatory discharge for asserting their rights and doing the right thing. Employees can file a retaliation claim with the Equal Employment Opportunity Commission (EEOC), and get compensation for the difficulties and damages they suffered as a result. However, they must establish the following three things in order to prove their claim: