How Does At-Will Employment Apply to Wrongful Termination?
Aug. 14, 2019
At-will employment rule is a law in Illinois which indicates an employer can fire any employee for any given reason at any given time. However, if an employee is terminated for illegal reasons such as retaliation and discrimination, such termination will be considered as wrongful. By law, wrongful termination of an employee is a violation of their state and federal rights. Firing an employee based on gender, religious, sexual orientation and ethnicity will not be considered as at-will employment and it will instead be considered as wrongful termination.
Assessment of Claims Against Wrongful Termination
We have already explained the exceptions related to at-will employment in Illinois. In some instances, at-will employment will be applied as wrongful if there is proof of discrimination, retaliation or both. Violation of employment laws in Illinois can have severe repercussions for the employer. It’s essential for an employer to follow the necessary stipulations when they are willing to terminate an employee.
If you feel you were wrongfully terminated by your employer under the at-will employment clause, you have the right to discuss your case with a competent employment attorney.
To perform an assessment, you and your attorney must prove your employer wrongfully terminated you under the impression of at-will employment law. You have to provide evidence related to the following:
· Breach of contract by the employer
· Proving discrimination
· Proving retaliation for reporting illegal or unethical practices of the organization
To start with, you will be required to collect and share evidence regarding your breach of contract. If you and your employer have undergone an employment contract, which states your termination grounds, you can hold the employer responsible for wrongful termination on breach of contract grounds.
Also, if you were fired based on discrimination, then the employer might have to face strict ramifications for such termination under at-will employment law. In another situation, if you have witnessed your employer's illegal or unethical practices and you were terminated for disclosing the illicit activities, you have the right to sue your employer for damages under wrongful termination.
If you want to know more about at-will employment law or wrongful termination in Illinois, make sure to schedule a free consultation, contact the Law Office of Michael Smith to talk with an experienced employment lawyer.