Is There a Time Limit for Filing a Wrongful Termination Claim?
March 5, 2021
Illinois is an ‘at will’ state. While it means that employers can fire employees without an extended notice or explanation, wrongful termination is against the law. If you think you are the victim of unlawful firing, you have 180 days from the time you knew or should have known that you were victimized.
The Statute of Limitations
A statute of limitations is basically a deadline that is set by law for filing lawsuits. Once it passes, your claim will not be actionable. These can vary from six months to a year or longer depending on the case and the circumstances surrounding it.
While judges usually dismiss cases that are filed post statute of limitations, there are exceptions. However, only a skilled and experienced employee can guide you through options that a judge will not dismiss.
Rather than relying on friends or family who have been through similar cases, consult with a professional litigator for your unique situation. They are more aware of changes in the law than the people you know are and can give reliable advice.
What Is Wrongful Termination?
If you have been wrongfully terminated from your job, your lawyer will argue that you deserve compensation because your employer violated exceptions to the ‘at will’ rule. These include the following:
Termination of employment for protected work time.
Employment contract violation.
Retaliation for protected action
Employers can fire employees within reason. However, as per Illinois law, protected workers cannot be fired for reasons pertaining to the reason why they are a protected class. So if your employer terminates your employment on the basis of your sex, religion, gender, citizenship status, marital status, and other things you cannot control, they can be sued.
The law applies to all employers in the state who have 15 more employees with some exceptions. For example, age discrimination applies to those who have 20 employees or more, and employers who have four or more employees cannot discriminate against workers when it comes to their citizenship status.
However, all Illinois lawyers have to comply with the law the prohibits disability discrimination. Additionally, they are not allowed to fire employees for a rightful action they take such as asking for worker’s compensation or reporting sexual harassment in the workplace.
If you think you have been fired wrongfully, you have every right to sue your employer. It is not just unfair, it is also illegal. Get in touch with us for a consultation with our attorneys at the Law Offices of Michael T. Smith today.