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Laws Protecting Employees from Retaliatory Discharge

Retaliation is a form of discrimination that refers to a negative action by an employer against an employee for filing a complaint about an illegal conduct. This may include discrimination, failure to pay overtime, harassment, workplace safety violations, and others. A variety of state and federal statutes, along with Illinois common law, keeps an employee safe from retaliatory discharge when they engage in a certain conduct or deny being a part of any unlawful conduct.

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Retaliatory Discharge and the Public Policy Rule in Illinois

Many employees think that they can sue a former employer for retaliatory discharge just because they were unfairly fired. Illinois law is not this clear cut, however. Just because an employer’s actions were unfair doesn’t mean they were necessarily illegal and you’re entitled to compensation.

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Sexual Preference/Orientation Discrimination at Workplace in Illinois

When an employer takes a negative employment action against an employee, such as denial of benefits or harassment, based on their sexual orientation, it is known as sexual orientation discrimination.

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Termination for Cause: How an Attorney Can Help

To avoid liability for wrongful termination, most employers have to provide a legitimate reason when firing an employee. They may say that you are being fired for misconduct, to cut costs, poor performance, or because the company is reorganizing its hierarchal structure. This is known as termination or firing for cause.

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Were you Wrongfully Terminated?

The United States Federal Law has set specific guidelines for employers to follow when considering the termination of an employee’s contract. These set of rules address the freedom of the employer concerning violations of employment contracts. These address the agreement that the employer and employee had before or after resuming employment.

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What Constitutes “Direct Evidence” of Illegal Discrimination?

Employment discrimination takes many forms. Indeed, when it comes to race discrimination, you do not have to belong to a minority racial group in order to be a victim. Any discrimination in hiring or firing based on a person’s race is illegal under federal law.

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What Qualifies as Employment Discrimination?

As an employee of any firm or organization that operates in the United States of America, there are certain employee rights that everyone should be aware of. The rights of employees as declared by law are something that every registered company in the United States needs to adhere to and an inability to do so means that the employee can challenge the company in court.

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When to get Legal Help for your Wrongful Termination Case

If you think you were terminated for an unlawful reason, you have the right to file a wrongful termination case against your employer. However, proving and receiving damages against a wrongful termination action is challenging, involves complex legal proceedings, and requires producing solid pieces of evidence to support your claim.

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Wrongful Discharge Claims under FMLA

Under the Family and Medical Leave Act (FMLA), employees can take up to 84 days or 12 weeks of unpaid leave for medical reasons or to provide care to immediate or closely related family members. All local, state, and federal government departments and private and public schools are required by the law to uphold FMLA.

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A Look at the Provisions of the VA Accountability and Whistleblower Protection Act

The bipartisan VA Accountability and Whistleblower Protection Act was passed by the Senate on June 6, 2017, which was signed into law in by President Donald Trump, with the aim to bring a significant reform to civil service. The bill comprises of statutes that will ease restrictions pertaining to termination and discipline of employees that is directed from the veteran affairs dependent.

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