Illinois is an "at-will" employment state, which means an employer can fire a worker for any reason, without prior notice, as long as the reason for termination is not illegal. However, cases of wrongful termination in Illinois tend to be more common than believed.
Similarly, an employee also can resign from their job without prior notice and at any time. Therefore, as in many other at-will employment states, an employee can still sue their employer if they have been fired for an illegal reason with the correct advice from a wrongful termination attorney.If you consider it necessary or have doubts about whether your case meets the requirements, you should contact Conexión Legal as soon as possible by calling us at 1800 201 1220 or writing to us through WhatsApp so you can receive the best free legal advice, and in this way, by taking your case and connecting you with a legal professional, we can help you obtain the highest possible compensation. It is important for you to know that you have one year from the date of your last employment with your employer or one year from the date an unpaid wage is owed to take legal action. Therefore, knowing how you should act when suffering wrongful termination in Illinois is of utmost importance, for example, when an employee is fired from their job because of their race, religion or other protected classes or characteristics that are discriminatory in nature. Protected classes or characteristics include race, color, national origin, sex, religion, disability, age, marital status or sexual orientation.Employers who fire a worker in a discriminatory manner can be required to compensate them and return payments and other forms of compensation or monetary relief.
There may be additional reasons why an at-will employee can hold an employer liable for their termination. These may include breach of their employment contract, retaliation or termination for exercising their rights as an employee. In all these situations, an Illinois employee can take legal action against their former employer.
In Illinois, to have a valid claim of wrongful termination based on a violation of public policy, the employee must prove that their termination violated a clearly mandated public policy.
Other Illegal Reasons for Employee Termination in Illinois
- Violating state employment discrimination laws, such as firing an employee for a protected class or characteristic;
- Implied or oral employment contracts: These may include an employer promising permanent employment; or a labor relationship promised for a certain period of time and terminating it before the specified time has elapsed
- Firing an employee who filed a workers' compensation claim. The Illinois Supreme Court ruled that it is illegal for an employer to fire an employee for exercising their right to claim workers' compensation from the employer
- Retaliation against an employee (also known as "retaliatory termination"), such as retaliation, for example, firing someone who has participated in legally protected activities (formal report of sexual assault in the workplace, report of misconduct, etc.)
- Violation of the "covenant of good faith" by deliberately deceiving employees regarding their promotion or salary increase or firing an employee to prevent them from receiving a bonus or sales commission owed to them
- Firing an employee in breach of a written commitment or with fraudulent intent.
Types of Compensation for Wrongful Termination in Illinois
If you succeed in your civil lawsuit for wrongful termination in Illinois, you may receive the following benefits:
- Lost wages: Lost wages is the most common court-ordered remedy for wrongful termination and includes all wages lost as a result of an illegal firing.
- Emotional distress: emotional distress is another type of claim available to recover damages in a wrongful termination lawsuit, but is often difficult to prove and requires physical manifestation.
- Injunctive relief: a court may conclude that injunctive relief is an appropriate remedy and order that the employee be reinstated or that the employer cease doing something in the future.
- Punitive damages: Punitive damages are special damages that can be awarded if an employer's actions in firing the employee were particularly egregious. Punitive damages are rarely awarded and are only awarded in cases where an employer's actions were deliberate and egregious.
If you believe you have been a victim of a case of wrongful termination in Illinois, you should contact the Conexión Legal team as soon as possible so you can receive the best free legal advice on the best way to proceed with your claim; in this way, we can help you obtain the highest possible compensation with the professional representation of a wrongful termination attorney.
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