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Statute Of Limitations For Wrongful Termination In Illinois

Oct. 25, 2023

The Illinois Department of Labor states that Illinois is an at-will employment state, meaning that your employer can terminate you for any reason. However, this does not mean they can fire you because they do not like your race, sex, color, religion, place of origin, or marital status. Terminating an employee for belonging to a protected class is against the law. Learn about wrongful termination below, and then our wrongful discrimination lawyer in Schaumburg can address your specific questions.

What Are The Most Common Wrongful Termination Claims?

Not every termination at work is illegal because employers have considerable latitude when they make hiring decisions. You probably do not have a wrongful termination case if your company fires you for a criminal offense even if you did not do it, or if the firm lets you go simply because of personality differences.

Instead, many wrongful termination cases in Illinois involve discrimination against protected classes mentioned earlier. If, for example, you think you were fired because of your color, this violates state and federal laws and is a serious matter.

Another common form of workplace discrimination is retaliation. This is where your employer retaliates against you for doing something it did not like, such as applying for workers’ compensation. It also is not unusual for someone to be wrongfully terminated for rebuffing the sexual advances of a manager.

A wrongful termination case also could involve a violation of public policy, such as a worker blowing the whistle on illegal activity on the job or filing an EEOC claim. Some wrongful termination claims also relate to breach of contract issues. If you have a contract with your company, you may not be an at-will employee, so there could be terms in the contract that mean you cannot be fired.   

Statute Of Limitations For A Wrongful Termination Case In Illinois

Illinois has various statutes of limitation for different kinds of employment claims. For wrongful termination, the statute of limitations for a written contract is 10 years, and five years for an oral contract. For retaliatory discharge, the statute of limitations is five years. Also, you have three years to make an unpaid wages claim.

Wrongful Termination Is Difficult To Prove, So Hire An Attorney

Wrongful termination is challenging to prove because Illinois is an at-will state. It also can be hard to collect enough evidence to support your claim. For example, many wrongful termination cases hinge on what you and your employer said in a closed-door meeting. It is challenging to successfully represent yourself in a wrongful termination case because convincing evidence is difficult to obtain. Your attorney will know the best evidence to gather to support your claim and may even be able to help you collect it.

Speak To Our Wrongful Discrimination Lawyer In Schaumburg Today

Illinois is an at-will employment state, so a company can fire you without a cause or reason. However, it cannot discriminate against you based on color, race, sex, religion, national origin, marital status, etc. You could have a valid wrongful termination case if you suspect that happened. Contact our wrongful discrimination lawyer in Schaumburg at Law Office of Michael T. Smith for help at (847) 466-1099 for a consultation.