Can I sue my former employer for wrongful termination in Illinois?
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In Illinois, unless an employment agreement exists that states otherwise or there is a law that prohibits the termination, employees are considered to be working "at-will." This means that an employer can terminate an employee for any reason, as long as that reason is not illegal under state or federal law.
The Illinois Human Rights Act prohibits discrimination on the basis of race, color, religion, sex, national origin, ancestry, age, marital status, order of protection status, disability, sexual orientation, gender identity or expression, military status, or unfavorable discharge from military service. If an employer terminates an employee on the basis of one of these protected classes or for engaging in protected activity, such as whistleblowing, the employee may have a wrongful termination claim.
To prove wrongful termination, the employee must show that:
- They were a member of a protected class or engaged in protected activity
- They were performing their job satisfactorily
- They were terminated from employment
- Someone outside of the protected class was treated differently under similar circumstances
If an employee meets these requirements, they may be able to sue their former employer for wrongful termination.
However, there are some limitations to filing a wrongful termination lawsuit in Illinois. First, the employee must file a charge of discrimination with the Illinois Department of Human Rights or the Equal Employment Opportunity Commission within 300 days of the termination. Additionally, any lawsuit must be filed within two years of the termination (unless there is a violation of the Illinois Wage Payment and Collection Act or the Illinois Minimum Wage Law, in which case the statute of limitations is three years).
In conclusion, while employees in Illinois are usually considered to be working at-will, there are certain circumstances where wrongful termination claims may be warranted. Employees who believe they have been wrongfully terminated should seek the advice of an experienced employment law attorney to evaluate their case and determine the best course of action.
