Employee Conduct That Cannot Be Penalized by Employers in Illinois
April 16, 2020
Getting fired because you asked to be compensated for workplace injuries is devastating but in Illinois, you can take your employer to court for it. Even though Illinois is an at-will employment state, there are certain exceptions which prevent employers in Illinois from firing an employee. This includes employees who expose corruption, fraudulent behavior and other wrongdoings in the workplace.
As such, the state protects employees who:
– Raise concerns about their employer or other employees who they think have been discriminated against for their race, sex or age by their employers.
– Raise concerns about lack of safety in their workplace.
– Request medical or family leave, which they can take according to the law.
– Protest unfair wages, which also violate federal and state laws.
– Raise concerns about an employer who is trying to force them to retire or to think about quitting after reaching a certain age.
– Raise concerns about employers who harass them because of their age, sex or gender.
– Reveals or raises concerns about unlawful financial practices in the company.
These are just some of the circumstances in which an employee is protected against employer retaliation in Illinois. To get the full list or to determine whether you can file a claim, you should get in touch with an attorney right away.
Signs That Your Employer Is Retaliating Against You
Acts of retaliation by an employer can be tricky to detect in some cases but there are some signs you can watch for. For example, if your employer’s demeanor towards you changes because you complained about harassment, you cannot file a claim if it does not affect your employment status.
However, if something negative happens right after your complaint, you have the right to be suspicious and question your employer’s conduct. For example, if you were fired for a small infraction, got a really poor performance evaluation or were excluded from meetings right after making your complaint – you may have cause to act.
If you think your employer is retaliating against you, the first thing you need to do is report their conduct to human resources, as well as the reasons you think are behind their behavior. If your employer cannot give a legitimate reason for treating you unfairly and fires you, you can file a claim against them in court.
This is where the Law Office of Michael T. Smith can help. We can help you understand all your legal rights, according to the Illinois Employment Act and according to your specific workplace context. This includes the claims process and what can be done to ensure you get the compensation you deserve and need. If you are a federal employee, you may be under separate protections you may not be aware of.
Our office works proactively with employees who have been unfairly discharged and this includes answering queries they may have regarding their rights. Get in touch with us for a consultation today and we will explain all of the legal options you have at your disposal.