Wrongful Termination Attorneys Serving Chicago, IL and Surrounding Areas
Wrongful Termination
The Illinois Department of Labor notes that Illinois is an "employment at-will" state, meaning that an employer or employee can terminate the relationship at any time without any reason or cause. An employer cannot, however, discriminate based on a person’s race, color, religion, sex, national origin, ancestry, citizenship status, age, marital status, physical or mental handicap, military service or unfavorable military discharge.
Another kind of wrongful termination could be retaliation, as an employer cannot retaliate against an employee for engaging in lawfully protected activities, such as filing workers’ compensation claims or complaints of illegal acts that violate the law. When a person believes that they may have a wrongful termination case, they should immediately contact the Law Office of Michael T. Smith & Associates for the best possible legal representation in their case.
Types of Wrongful Termination Claims
Not every firing will be a wrongful termination case, as employers often have a pretty good amount of latitude in their hiring decisions. A person will not have a wrongful termination if an employer fires them for a criminal offense such as theft even when they did not commit any crime or if an employer just simply disliked an employee.
Many wrongful termination claims instead involve discrimination issues relating to the protected categories mentioned above. Discriminatory firings can be violations of both federal and state law, so these are always serious cases.
Retaliation represents another common issue in wrongful termination claims, as employees cannot be terminated for unlawful retaliatory reasons. Many people are fired for firing workers’ compensation claims, which is illegal, but it is also common for some employees to be fired when they refuse the sexual advances of their employers, which is also illegal.
Wrongful termination could also involve public policy violations such as employees blowing the whistle on employers or filing United States Equal Employment Opportunity (EEOC) claims. It is also possible that a wrongful termination claim could stem from a possible breach of contract.
An employee who has a contract with their employer is generally not an at-will employee, so there can often be specific contractual terms that may prohibit their firing. Another possible wrongful termination claim could relate to an employee being fired for taking lawful time off under the Family Medical Leave Act (FMLA) or serving jury duty.
Contact Our Northern Illinois Wrongful Termination Attorneys
Certain wrongful termination cases could require action before the Equal Employment Opportunity Commission (EEOC) or Illinois Department of Human Rights, so you will want to make sure you are working with a lawyer who can guide you through the entire process. The Law Office of Michael T. Smith & Associates will offer you more than three decades of experience handling these types of cases.
Our firm believes in helping people get justice in these types of cases. You can call (847) 750-3851 or contact our Schaumburg employment law attorney online today to schedule a free initial consultation.