If you’ve been fired for any reason, it probably doesn’t seem justified to you. But when you’re discharged for engaging in activities that are protected under the law, it’s not just unfair, it’s illegal.
Retaliatory discharge can happen in any type of job, to anyone in northern Illinois and the surrounding counties. For example:
All too often at the Law Office of Michael T. Smith & Associates, we see employees who have been fired after being hurt on the job because they plan to file or have filed claims with the Illinois Workers’ Compensation Commission. Such claims raise employers’ costs for workers’ compensation insurance. Employers who fire injured workers do so with the hope that those employees won’t file or will withdraw their claims.
That’s an unlawful discharge from employment. It’s that kind of short-sighted, selfish thinking that we’re here to fight. We stand up to employers who take advantage of you in the hopes of saving themselves a few dollars.
Employees who act as watchdogs at their places of employment provide a vital service in our democracy. Without brave whistleblowers, illegal activity at companies both large and small might go unrecognized.
The U.S. Occupational Safety and Health Administration enforces the whistleblower provisions of 21 statutes protecting employees who report workplace violations.
If an employee engages in a protected activity, an employer may not retaliate by taking adverse action against that employee.
Retaliatory discharge is a term used to describe a wrongful termination that goes against established public policy. This situation arises when an employer dismisses an employee for engaging in specific protected activities. These activities may include filing a workers’ compensation claim after an on-the-job injury, blowing the whistle on illegal or unethical practices within the organization, refusing to participate in unlawful actions, or exercising a legal right, such as taking medical leave that is covered by law. Such wrongful terminations are strictly prohibited under Illinois common law as well as various federal statutes, which aim to protect employees from unfair treatment.
Indeed, Illinois operates under the at-will employment doctrine, which essentially permits employers to terminate employees for virtually any reason, provided that it is not illegal. This means that while an employer can freely decide to end an employment relationship, retaliatory discharge presents a crucial exception to this rule. If a termination can be shown to violate a clear public policy mandate, the affected employee may possess valid grounds to pursue legal action against the employer.
Real-life examples of retaliatory discharge can illustrate the concept more clearly. Consider a warehouse worker who is unexpectedly let go after filing a workers’ compensation claim related to a serious back injury. Another example might be a dedicated nurse who faces termination for courageously reporting unsafe conditions that could harm patients. Additionally, an accountant could be fired for adhering to ethical standards by refusing to manipulate financial records, or an employee could be dismissed after providing testimony in a discrimination lawsuit. Each of these scenarios reflects the necessity of examining the specific circumstances and whether the actions taken were legally protected.
To successfully establish a claim of retaliatory discharge, certain elements must typically be demonstrated. First, the individual must show that they engaged in a protected activity, such as reporting misconduct or filing a claim. Secondly, the employee must prove that they were terminated from their position. Lastly, it is essential to establish a causal connection between the protected activity and the termination itself. Evidence that can support this claim may include emails outlining the employee’s concerns, witness testimony confirming the circumstances leading to termination, the timing of key events, and statements made by the employer that may indicate motive. Courts generally seek evidence of retaliation patterns or reasons given for firing that may appear superficial or misleading.
If an individual is successful in proving a case of retaliatory discharge, they may have access to various legal remedies. These could include compensation for lost wages and benefits that were denied due to the wrongful termination. Additionally, the employee may seek damages for emotional distress caused by the experience. In specific cases, punitive damages may also be awarded if the employer’s actions are deemed particularly egregious. While reinstatement to the previous position is rare, it can occur. Furthermore, the affected employee may be entitled to recover attorney’s fees and court costs associated with pursuing the claim. In Illinois, retaliatory discharge is recognized as a tort, which allows the employee to pursue damages in a civil court setting.
Yes, there are specific time limits within which an individual must file a claim for retaliatory discharge. In the state of Illinois, the statute of limitations is generally five years from the date of termination. However, if the claim is based on federal law, such as the retaliation provisions of Title VII, the time frame may be significantly shorter, often requiring action within 180 to 300 days, depending on the federal agency involved in the case.
No, it is important to understand that employees are legally protected when they report instances of workplace harassment, discrimination, or safety violations. Retaliatory discharge or unlawful retaliation under civil rights statutes can occur if an employee faces termination for taking the courageous step of reporting these serious issues. Laws at both the state and federal levels are designed to safeguard individuals who stand up against misconduct in the workplace, ensuring they can do so without the fear of losing their job.
To determine whether you were discharged in retaliation for protected activity, call the Law Office of Michael T. Smith & Associates in DuPage County at (847) 450-1103 or contact us online today.
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