Filing A Retaliatory Discharge Claim In Illinois

Losing a job can have a serious impact on your financial security, stability, and overall well-being. Fortunately, there are federal and Illinois laws that protect employees from being wrongfully terminated in retaliation for exercising their legal rights. In Illinois, filing a retaliatory discharge claim is an important legal option for those who have been fired for reasons that violate public policy or state and federal laws. Knowing how these claims work and the legal protections available is critical for safeguarding your rights and ensuring employers are held accountable for their actions.

Illinois recognizes retaliatory discharge as a common law tort, meaning that employees can pursue claims even in the absence of specific statutory protections. This contrasts with federal employment laws, which often provide statutory grounds for retaliation claims, particularly under laws like Title VII of the Civil Rights Act of 1964 and the Family and Medical Leave Act (FMLA). Filing a retaliatory discharge claim can be complex, and the legal issues involved require careful consideration to ensure the best possible outcome.

Legal Issues In Retaliatory Discharge

What Constitutes Retaliatory Discharge?

In Illinois, retaliatory discharge claims are typically based on two grounds: (1) retaliation for exercising workers’ compensation rights and (2) retaliation for reporting illegal or improper conduct (commonly referred to as “whistleblowing”). Illinois courts have made it clear that these claims are based on a violation of public policy. Public policy violations occur when an employee is terminated for exercising a legal right or for refusing to engage in illegal conduct at their employer’s request. For example, if an employee is fired after filing for workers’ compensation, that termination may give rise to a retaliatory discharge claim under Illinois law.

Federal Protections Against Retaliation

Federal law also provides important protections against retaliation. Title VII of the Civil Rights Act prohibits employers from retaliating against employees for reporting discrimination or harassment. Similarly, the FMLA prohibits retaliation against employees who take leave for a qualifying reason. Additionally, the Occupational Safety and Health Act (OSHA) offers protection to employees who report unsafe working conditions. These laws can form the basis for a retaliation claim when a termination is directly tied to the exercise of an employee’s rights under federal law.

Illinois Employment Statutes

The Illinois Whistleblower Act (740 ILCS 174/15) provides protection for employees who report unlawful conduct. Under this statute, an employee who is terminated in retaliation for reporting illegal activity may have a strong basis for a retaliatory discharge claim.

Illinois 820 ILCS 305/4(h) prohibits employers from retaliating against employees for filing or attempting to file a workers’ compensation claim. This statute is a powerful protection for employees who are injured on the job and need to pursue benefits without fear of losing their employment.

Statute Of Limitations

It’s important to understand the time limits for filing a retaliatory discharge claim. In Illinois, retaliatory discharge claims must generally be filed within five years from the date of termination. However, if the claim is based on a violation of a federal statute, such as Title VII, the statute of limitations may be shorter, typically 300 days from the date of the discriminatory act. Missing these deadlines can be detrimental to your case, so it’s important to act promptly.

Legal Remedies

If a retaliatory discharge claim is successful, the employee may be entitled to several forms of compensation. These may include lost wages, reinstatement to the position, and damages for emotional distress. In certain cases, punitive damages may also be awarded if the employer’s conduct was especially egregious. Employers who are found liable for retaliatory discharge may also be responsible for covering the plaintiff’s legal fees.

FAQs About Retaliatory Discharge Claims

What Is Considered Retaliatory Discharge In Illinois?

Retaliatory discharge in Illinois occurs when an employee is terminated for exercising a legal right or for refusing to engage in illegal activity. Common scenarios include being fired for filing a workers’ compensation claim or for reporting unlawful conduct by the employer.

What Laws Protect Me From Retaliation At Work?

Illinois law, through the Illinois Workers’ Compensation Act and the Illinois Whistleblower Act, provides strong protections against retaliatory discharge. On the federal level, Title VII of the Civil Rights Act, the Family and Medical Leave Act, and OSHA all protect employees from retaliation for exercising their legal rights.

How Long Do I Have To File A Retaliatory Discharge Claim?

In Illinois, the statute of limitations for filing a retaliatory discharge claim is typically five years from the date of termination. However, claims based on federal law, such as those under Title VII, have a shorter statute of limitations—often 300 days from the act of retaliation.

What Evidence Is Required To Prove Retaliatory Discharge?

To prove retaliatory discharge, you must show that

  1. you were engaged in a protected activity (such as filing a workers’ compensation claim or reporting illegal conduct),
  2. you suffered an adverse employment action (termination) and
  3. there is a causal link between the protected activity and the termination.

Evidence may include emails, witness testimony, or documentation showing the timing of the termination in relation to the protected activity.

Can I Get My Job Back If I Win A Retaliatory Discharge Claim?

Yes, reinstatement to your former position is one potential remedy if you win a retaliatory discharge claim. In addition to reinstatement, you may also be entitled to lost wages, damages for emotional distress, and possibly punitive damages.

What Should I Do If I Believe I Have Been Wrongfully Terminated?

If you believe you have been terminated in retaliation for exercising your legal rights, it’s important to consult with an attorney experienced in Illinois employment law as soon as possible. Document everything related to your termination, including communications with your employer, and gather any evidence that supports your claim.

Call Our Retaliatory Discharge Attorney In Chicago To Receive A Free Consultation

If you believe you’ve been wrongfully terminated for exercising your rights, North Suburban Legal Services can help. Our experienced retaliatory discharge attorneys in Chicago are ready to fight for your rights and hold your employer accountable. We offer free consultations and will work with you to assess the strength of your case and explore your legal options. Contact our retaliatory discharge attorney in Chicago at North Suburban Legal Services by calling 312-909-6089 to receive your free consultation. We represent clients throughout the city of Chicago, Illinois. Don’t wait—reach out to protect your rights and get the justice you deserve.

REQUEST A FREE

CONSULTATION

    captcha

    Our Office Locations:

    Chicago Office:
    200 East Randolph St., Ste 5100
    Chicago, IL 60601
    Phone: (312) 909-6089
    Schaumburg Office:
    1990 East Algonquin Rd. Suite 100
    Schaumburg, IL 60173
    Phone: (312) 909-6089

    CONTACT US FOR A FREEconsultation

    (312) 909-6089