Reasons for Wrongful Termination
Oct. 10, 2019
Being wrongfully terminated can be more painful than losing a job due to a recession. The wrong termination can happen due to dissemination, refusing to be part of a criminal offense, acting as a whistleblower, or when an employee adheres to public policy. In all cases, an employee receives protection and they should file a charge against their employer, seek damages, or even be reinstatement to their old or a better position. The following are some reasons that should be carefully assessed before a charge for wrongful termination is filled with the Illinois Department of Human Rights.
Under circumstances of wrongful termination, or when an employee seeks whistleblower protection under state and federal laws, consulting a competent employment law attorney can help file charges with the Illinois Department of Human Rights or the Illinois Department of Labor.
Acting as a Whistleblower
An employee acts as a whistleblower if they observed illegal activities and decided to share it with government agencies. An employee is forbidden to discharge or fire an employee if they are part of a criminal investigation or act to corporate in matters of public policy. Whistleblowers are protected under the Whistleblower Act, and a legal change can be filed against an employer.
Wrongful Discharge due to Discrimination
Workplace discrimination due to sex, age, race, color, ethnicity, gender, political opinions, physical or mental disability is still common. An employee can file a complaint with the Equal Employment Opportunity Commission (EEOC) and require compensation for job loss or damage to reputations. After a claim is filed, an employer is not allowed to harass an employee or threaten them into forceful submission, or seek reversal of charges under influence.
Violation of Contract
Although in most states, employees are hired as “at-will” and can be discharged without a formal notice or reason, an employer cannot layoff an employee if a contract was previously signed prohibiting wrongful termination. A termination apart from any of the causes defined in such a contract is defined as wrongful termination. Even if there was no formal contract, an employer must define a cause of termination if a charge or lawsuit is filed against them.
Dismissal Due to Fraud
If an employee made promises and commitments during their recruitment process, failed to fulfill them, and sought an employee to resign for seeking their fulfillment, it can be grounds for fraud. Wrongful termination, because an employee sought compensation, or relied on previous promises and representations for fulfilment of job, are legal grounds for complaint.
If you want to know more wrongful termination and wish to file a legal complain, make sure to schedule a free consultation by contacting the Law Office of Michael Smith to talk with an experienced employment lawyer.