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What are the legal requirements for hiring and firing employees in Illinois?

In the state of Illinois, there are certain legal requirements that must be followed when hiring and firing employees.

Hiring Requirements:

  1. Anti-discrimination laws: Employers are prohibited from discriminating against potential employees based on race, color, sex, religion, national origin, disability, age, or sexual orientation. An equal opportunity employer should be mentioned in employment advertisements to indicate that the employer values diversity and does not discriminate against potential employees.

  2. Verification of Work Authorization: Illinois employers must use the federal E-Verify program to verify that potential employees are authorized to work in the United States. Employers should have the potential employee complete Form I-9 and review the employee’s original forms of identification within three business days of the hiring date.

  3. Background Check: Illinois employers are permitted to conduct a background check on potential employees. However, the employer must obtain the potential employee’s written consent to conduct a background check and provide notice of the potential employee’s rights under the Illinois Human Rights Act.

Firing Requirements:

  1. At-will Employment: Illinois is an at-will employment state, meaning that an employer is allowed to terminate an employee at any time for any reason, except for illegal reasons like discrimination or retaliation. Therefore, employers are not required to provide a reason for the termination.

  2. Notice and Time of Pay: Employers must follow the Illinois Wage Payment and Collection Act, which requires that employees who are terminated receive their last paycheck within the next scheduled payday, regardless of whether the termination was voluntary or involuntary. Employers must also provide written notice to employees about the termination, including the effective date of termination.

  3. Unemployment Insurance: If an employee's work is terminated, the employer is required to provide a “Notice of Employee’s Separation” to the employee, which outlines the reason for termination. The employee can use this notice to file a claim with the Illinois Department of Employment Security for unemployment insurance.

In summary, there are specific legal requirements for hiring and firing employees in Illinois. Employers must comply with anti-discrimination laws and complete the necessary forms for verification of work authorization and conduct background checks. Employers must also provide notice and time of pay to employees who were terminated and comply with the requirements of the Illinois Wage Payment and Collection Act. Employers should ensure compliance with current laws and legal precedents to avoid potential legal consequences.