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Protection Against Wrongful Termination in Illinois

May 22, 2019

At-Will Employment in Illinois

Illinois is an At-Will employment state, which means employers hold the right to terminate an employee for any reason at any time. If you are working with your employer under a contract, then the terms and conditions of the contract will determine if your employer can terminate you or not. In the absence of any mutual contract between employee and employer in Illinois would indicate you are working as an “at-will employee.” This designates that your employer can fire you at any time for any given reason they seem, fit as long as it’s not illegal under the federal and state laws.

What if You are Wrongfully Terminated?

Wrongful termination laws protect employees by providing employers with a set of rules and standards to follow when they decide to fire an employee. There are federal and state laws that indicate when it is permissible to terminate an employee. Employers are not allowed to terminate an employee based on:

  1. Religious beliefs and practices

  2. Sexual orientation

  3. Gender

  4. Ethnicity

  5. Nation of origin

  6. Discrimination based on personal beliefs and opinions

Termination based on the aforementioned reasons, or any other form of discrimination, is termed as illegal or wrongful termination. If you believe you have been wrongfully terminated, speaking to a skilled employment attorney will help challenge your unlawful termination.

Assessing the Claims for Wrongful Termination

An experienced employment attorney will help review your case of wrongful termination in detail and assess the various circumstances of any perceived retaliation or discrimination. The assessment will help identify the different reasons that led to your unlawful termination. In this regard, it is essential to collect any relevant paperwork that can be used as proof of employment. Retain any memos, emails and other document forms to prove an unlawful termination. While assessing the termination, it is essential to take a look at:

  1. Violation of company rules and policy

  2. Misuse of organizational assets for your own personal use

  3. The lawyer will check if you were a part of any workplace disturbances

  4. Did the company fire you because of your race, gender, sexual orientation, or ethnic background

  5. Absenteeism on your part or uninformed leaves

  6. Insubordination

  7. Poor job performance

If you are not guilty of any of the misconducts mentioned above, but still were fired while you were in a contract, then it’s essential to fight your unlawful termination.

If you want to know more about things to remember when hiring a lawyer, or want to schedule a free consultation, contact the Law Office of Michael Smith to talk with an experienced employment lawyer.