Wrongful termination refers to a situation where an employee’s dismissal from their job breaches one or more terms specified in the employment contract, or violates employment laws. In Illinois, as in other states, both state and federal laws provide protections against wrongful termination. Understanding these laws and the process for addressing wrongful termination claims is crucial for employees who believe they have been unjustly dismissed.
Wrongful termination occurs when the employer terminates an employment agreement in a manner that infringes upon legal statutes. This can include dismissals in violation of anti-discrimination laws, retaliation for whistleblower activities, or breach of contractual obligations, among other things. Although Illinois is an “at-will” employment state, meaning an employer may terminate an employee at any time for any reason, there are a few exceptions to this rule that aim to protect employees from wrongful termination.
Several federal laws protect against wrongful termination:
In addition to federal laws, Illinois has its own set of statutes that further protect employees:
The process of addressing a wrongful termination begins by understanding the grounds for the claim. If an employee believes their termination was illegal, the following steps outline how to initiate a claim:
Step 1: Document Everything – Documentation is crucial. This includes saving emails, recording relevant dates (such as those of hire and termination), and noting any instances of discriminatory comments or unfair treatment.
Step 2: File a Complaint with the Relevant Agency – Depending on the nature of the wrongful termination, the complaint may be filed with:
Step 3: Seeking Legal Counsel – Consulting with an attorney who handles employment law is highly recommended. An experienced lawyer can provide guidance tailored to the specific circumstances of the case, help gather additional evidence, and represent the employee in legal proceedings.
Step 4: Mediation and Litigation – Many wrongful termination cases are resolved through mediation, a process where both parties try to reach an agreement with the help of a mediator. If a settlement cannot be reached, the case may proceed to litigation, where it will be heard in court.
Wrongful termination claims can be complex, requiring a thorough understanding of both federal and state laws. Employees in Illinois who find themselves unfairly dismissed have several avenues for recourse, but successfully navigating these requires careful documentation, a clear understanding of legal rights, and, often, professional legal assistance. By taking the appropriate steps and consulting with the right professionals, employees can assert their rights and seek justice for wrongful termination.
Were you, a loved one, or a friend wrongfully terminated in Chicago? North Suburban Legal Services stands ready to pursue legal justice and just compensation! Contact our Chicago wrongful termination lawyers at the North Suburban Legal Services at 312-909-6089 for your free initial consultation and to begin the process of rebuilding your life.