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Illinois Wrongful Termination
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Illinois wrongful termination lawsuits allege Illinois employees had their rights violated when they were fired from their jobs. Although Illinois employment law allows employers to fire employees for no reason, there are situations in which a wrongful termination lawsuit could be filed against Illinois employers.
Illinois is an at-will employment state. This means that employees can be terminated for any reason. Employers are not generally required to give a reason when firing an employee. Wrongful termination can occur, however, if the firing violates federal laws, such as discrimination laws.
Under Illinois employment law, the state recognizes the public policy exception and the implied-contract exception to wrongful termination. In other words, if the firing goes against established public policy—such as if the employee is fired for filing a workers' compensation claim or for refusing to break the law at the employer's request—then the employee can file a wrongful termination lawsuit. Furthermore, if the firing violates an implied contract—meaning the employee has been verbally promised job security, even if no contract exists in writing—the employee could also file a wrongful termination complaint.
Illinois does not recognize the covenant of good faith and fair dealing, however. The covenant of good faith and fair dealing means that employer decisions regarding employees must be made in good faith. Illinois does not recognize this covenant, however, so employees cannot file a wrongful termination lawsuit alleging a violation of the good faith covenant.
Federal law prohibits employers from firing employees based on a protected characteristic such as race, color, national origin, sex, religion, age (if the employee is at least 40), disability, citizenship status, or genetic information. However, only employers with a minimum number of employees must comply with these laws (for example, most types of discrimination are prohibited if an employer has at least 15 employees). It is best to contact an Illinois employment attorney to discuss your individual case and how the law applies.
Illinois state law also prohibits discrimination based on race, color, national origin, sex, religion, age (40 or over), genetic information, disability, marital status, sexual orientation, citizenship status, military status, unfavorable military discharge, gender identity, arrest record, being a victim of domestic violence, or being protected by an order of protection. If you are fired for complaining about discrimination, or for participating in an investigation of a discrimination complaint, you may be able to file a complaint against your former employer.
Illinois wrongful termination lawsuits have been filed against employers in Illinois, alleging employees were wrongful terminated from their employment. Among the lawsuits is one filed by a restaurant worker who alleges a Jimmy Johns restaurant owner fired him for exercising his right to filing a workers' compensation claim. According to Madison Record (1/30/14), the lawsuit seeks more than $50,000 in damages. The lawsuit number is 14-L-84.
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Illinois At-Will Employment
Illinois is an at-will employment state. This means that employees can be terminated for any reason. Employers are not generally required to give a reason when firing an employee. Wrongful termination can occur, however, if the firing violates federal laws, such as discrimination laws. Under Illinois employment law, the state recognizes the public policy exception and the implied-contract exception to wrongful termination. In other words, if the firing goes against established public policy—such as if the employee is fired for filing a workers' compensation claim or for refusing to break the law at the employer's request—then the employee can file a wrongful termination lawsuit. Furthermore, if the firing violates an implied contract—meaning the employee has been verbally promised job security, even if no contract exists in writing—the employee could also file a wrongful termination complaint.
Illinois does not recognize the covenant of good faith and fair dealing, however. The covenant of good faith and fair dealing means that employer decisions regarding employees must be made in good faith. Illinois does not recognize this covenant, however, so employees cannot file a wrongful termination lawsuit alleging a violation of the good faith covenant.
Illinois Wrongful Termination and Discrimination
Federal law prohibits employers from firing employees based on a protected characteristic such as race, color, national origin, sex, religion, age (if the employee is at least 40), disability, citizenship status, or genetic information. However, only employers with a minimum number of employees must comply with these laws (for example, most types of discrimination are prohibited if an employer has at least 15 employees). It is best to contact an Illinois employment attorney to discuss your individual case and how the law applies.Illinois state law also prohibits discrimination based on race, color, national origin, sex, religion, age (40 or over), genetic information, disability, marital status, sexual orientation, citizenship status, military status, unfavorable military discharge, gender identity, arrest record, being a victim of domestic violence, or being protected by an order of protection. If you are fired for complaining about discrimination, or for participating in an investigation of a discrimination complaint, you may be able to file a complaint against your former employer.
Illinois Wrongful Termination Lawsuit
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READER COMMENTS
Reginal Polk
on
An elderly woman approached me and asked to sample a turkey tip and I gave her a small sample in that this even was a promotional event for Lexington Betty's Smokehouse. The owner's wife became irate and approached me abruptly asking "What's the rule!" forcefully!. I responded calmly " That the customer is always right".
Again the Owner's wife began to elevate her voice and clap her hands together screaming "What's the rule!" in front of hundreds of people. Again I reiterated "The customer is always right". She then indicated that "I was terminated and I could walk home. I was not riding back with the other company driver".
I left the serving line and made arrangements to leave after I text the owner.
On the next day, I was surprised to learn that the Owner's wife alleged that I push and/or hit her and she hit the floor. A sequence of events that never happened however I was told by the Owner to never contact her again and that I was banned from the Pullman recreational center indefinitely. I assert on information and belief that these allegations are categorically false and discoverable. I was not paid for working at Lexington Betty's Smokehouse and my reputation has been scandalized. I would like to sue this company forthwith. No one should be able to allege an assault at a public venue and be able to get away with wrongful termination. I am very confused and bewildered. I would like to be vindicated and compensated for this injustice.
Francisco Lopez
on
I had give them 100% plus in my time there .
our lunch time was one hr. I was taking only half hr. whit out pay.
and I did no care ,all i wanted to do was being helpful to the Company.
The owner tell me How impres he was whit my performance and skills, late December he tellme that that was a pleinty of job security; even whe I got hire he tellme that the job was secure for a long time ( years he said ),
I had done nothing wrong ,be alway on time,no sick days,saving money on repairs, never mis a day of work
So I'm in shock.