Illinois Wrongful Termination Laws
Have you recently lost your job? If so, you might be wondering whether you have grounds for a wrongful termination lawsuit. In Illinois, as in other states, employees work at will. This means an employee can generally be fired at any time and for any reason, or for no reason at all.
But there are some exceptions to the at-will rule. If your Illinois employer fires you for discriminatory reasons, in violation of an employment contract, or in retaliation for exercising your rights, for example, you may have a legal claim against your employer for wrongful termination.
Every state’s laws on wrongful termination are different. This article covers some of the common legal grounds you might have for suing your employer in Illinois for wrongful termination. But it’s not a comprehensive list of Illinois employment rights, which can change as courts issue new rulings and legislators pass or modify laws. To find out the full extent of your legal claims, speak to an experienced Illinois employment lawyer. To learn more about Illinois employment law, contact the Illinois Department of Labor.
Under federal law, it is illegal for an employer to fire an employee based on a protected characteristic. Federal law prohibits employers from firing employees based on race, color, national origin, sex, pregnancy, religion, age (if the employee is at least 40), disability, citizenship status, or genetic information. However, only certain employers must comply with these laws. For most types of discrimination, the law apply to employers with 15 or more employees. However, the prohibition against age discrimination applies to employers with 20 or more employees, and the ban against citizenship status discrimination applies to employers with only four or more employees.
Illinois law prohibits discrimination based on race, color, ancestry, national origin, sex, pregnancy, religion, age (40 or over), genetic information, disability, marital status, sexual orientation, gender identity, citizenship status, military status, unfavorable military discharge, arrest record, being a victim of domestic violence, being protected by an order of protection, or having no permanent mailing address or using the mailing address of a shelter or social service provider. Illinois employers with at least 15 employees must comply with these laws; employers of any size must comply with the law prohibiting disability discrimination.
These laws also make it illegal for an employer to retaliate against you for asserting your rights. For example, if you complain to your company’s HR department that you believe you were passed over for promotion because of your age, your employer may not discipline or fire you for your complaint. Likewise, your employer cannot fire you for participating in an investigation of a discrimination complaint (no matter who made the complaint), testifying in court, or making other efforts to stop discriminatory practices.
Before filing a discrimination or retaliation lawsuit, you must file a complaint with the appropriate government agency. In Illinois, the state discrimination laws are enforced by the Illinois Department of Human Rights, which has offices in Chicago, Marion, and Springfield. In many cases, state fair employment practices agencies will record your complaint with the Equal Employment Opportunity Commission (EEOC), the agency that enforces federal antidiscrimination laws. However, you should check to make sure. If not, you may also have to file a complaint with the EEOC; you can find contact information for the nearest office at the EEOC’s Field Offices page.
Breach of Contract
If you have an employment contract promising you job security, you may not be an at-will employee. In Illinois, an employment contract may be written, oral, or implied. In the first two types of contracts, your employer makes oral or written promises not to fire you for a certain period of time without good cause. In an implied contract, your employer doesn't make express promises, but acts in a way that creates a reasonable expectation that you would continue to be employed. For example, if your employee handbook says that employees won't be fired unless certain disciplinary steps are followed, that may create an implied contract that gives you certain rights before being terminated. If you have an employment contract, and your employer fires you without good cause, you have a legal claim for breach of contract.
Wage and Hour Issues
In Illinois, employees are currently entitled to $8.25 an hour. Employees are also entitled to overtime pay when they work more than 40 hours in a workweek. Illinois employees who work at least 7.5 hours a day are entitled to a meal break of at least 20 minutes, scheduled no more than five hours after the beginning of their shifts. Illinois law does not require that this time be paid. Under federal law, though, breaks of 20 minutes or less must typically paid (bona fide meal breaks are usually at least 30 minutes). It is illegal for Illinois employers to fire employees for filing wage claims or otherwise exercising their rights under wage and hour laws.
Time Off Work
State and federal laws give employees the right to take time off work for certain civic obligations and personal responsibilities. Employers may not discipline or fire workers for exercising these rights. In Illinois, these rights include:
- Military leave. Under federal law, employees have the right to take up to five years of leave to serve in the military, with the right to be reinstated when they return to work. (This law also prohibits discrimination against employees based on their military service, protects employees from discharge without good cause for up to one year after they return from military duty, and provides other protections; see Nolo’s article Taking Military Leave for more information.) Illinois law provides that members of the U.S. armed forces and the state militia who are called to active duty may take unpaid leave and are entitled to reinstatement once their service is over. Once reinstated, these employees may not be fired without cause for one year. Illinois has also introduced legislation to expand these protections to members of the Illinois National Guard, or the National Guard of another state, who are ordered to active duty by their governors.
- Jury duty. Employees are entitled to take unpaid leave for jury duty. Employees who work a regular night shift may not be required to work while serving on a jury during the day. Employers who fire or penalize an employee for jury service are subject to criminal penalties and special damages in a wrongful termination lawsuit.
- Time off to vote. An employer must allow employees to take up to two hours of paid leave to vote, unless the employee’s working hours begin more than two hours after the polls open or end more than two hours before the polls close.
- Family and medical leave. Illinois employees are protected by the federal Family Medical Leave Act (FMLA). The FMLA requires employers with 50 or more employees to provide eligible employees with up to 12 weeks off, unpaid, every year for a serious health condition, to care for a family member with a serious health condition, to care for a new child, or to handle certain practical matters arising out of a family member’s military service. Employees can take up to 26 weeks off in a single year to care for a family member who is seriously injured while serving in the military. Employees who take FMLA leave must be reinstated to the same position once their leave is over.
- Other protected leave. State law also gives employees in Illinois the right to take time off to spend time with a spouse or child who has been deployed to military service; to seek medical treatment or other assistance for domestic violence; and to attend school activities and conferences for their children. For more information, see Family and Medical Leave in Illinois.
Other State Claims
- Workers' compensation. Employers are prohibited from firing employees because they file workers' compensation claims or otherwise exercise their rights under workers' comp laws.
- Work safety. Employers may not fire employees for filing complaints about workplace safety violations or exposure to hazardous materials.
- Whistleblowing. Employers cannot terminate employees for reporting violations of state or federal law to goverment agencies or for refusing to participate in illegal activity.
What to Do Next
If you think you were fired illegally, talk to an Illinois employment lawyer. A lawyer can help you sort through the facts and assess the strength of your claims. A lawyer can also inform you of other state or local claims that you may have in addition to those listed above. Whether you want to try to get your job back, negotiate a severance package, or sue your employer in court, a lawyer can walk you through your options and help you decide on how best to proceed.