Illinois is an employment-at-will state, so the employer can terminate you without cause or reason. However, it is illegal for an employer to discriminate against an employee because of their color, race, sex, national origin, ancestry, age, citizenship status, disability, or marital status.
If you suspect you have been discriminated against and fired, learn how to prove wrongful termination below. Then, our wrongful termination lawyers in Chicago at North Suburban Legal Services would like to speak with you about filing a claim. Our team is experienced with wrongful termination litigation and can get you impressive results.
There are many types of termination in Illinois that are against the law. First, it is illegal to fire you because of discrimination. Wrongful termination also comes into play when there is a violation of your employment contract, retaliation for protected actions, and termination for taking time from work.
If you suspect wrongful termination, you must prove that you were illegally fired. You will need substantial proof to substantiate your allegation. Critical evidence could include emails, memos, witness statements, performance reviews, meeting minutes, and recordings. Also, if you have seen other employees terminated for questionable reasons in the past, you should make note of this. Collect all the evidence you have in your possession and turn it over to your attorney.
To file a discrimination lawsuit, you must go through the administrative process first. This means filing a discrimination complaint with the relevant government authority. In Illinois, the Illinois Department of Human Rights enforces the state’s discrimination laws.
The first step is to file your case with the Equal Employment Opportunity Commission (EEOC). Once the case is considered, it can file a lawsuit on your behalf. If the EEOC rules against you, you could have the option to file a lawsuit in the relevant circuit court.
Working with an employment discrimination attorney from the start is usually helpful to ensure you have the best chance of resolving the matter with the EEOC. Your lawyer will help you draft your complaint and follow up to ensure the case stays on track. They also can help you file a lawsuit if needed.
Many scenarios could be wrongful termination. For example, suppose you went on medical leave, and your employer fired you while you were out. Could the termination be because of downsizing or layoffs? Possibly, but it also could be illegal termination.
You also have a valid case if you got a demotion, a negative performance review without cause, or put into a new role when you returned that pays less than your old one. While your job does not have to be kept for you while on leave, they must offer you a similar one.
Do you think you were fired for an illegal reason? While Illinois is an at-will employment state, your employer cannot fire you because of your race, sex, marital status, sexual orientation, nationality, etc. Speak to our wrongful termination lawyers in Chicago at North Suburban Legal Services today at (312) 909-6089 if you have a discrimination case.