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Illinois Wrongful Termination Laws
Illinois has made a strong legal commitment to employee rights through a number of supplemental state laws that expand on the protections found in federal laws such as the Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964. Employees have the right to file claims through EEOC state offices as well as through the Illinois Department of Human Rights. Illinois is another “at will” state, allowing both employees and employers to have the right to terminate employment for any reason except those specifically outlined in federal and state laws.
Illinois’ Specific Labor Laws
In addition to federal laws, there are a number of supplemental state laws, which include the following:
|
Benefit |
State Law |
Additional Benefits |
|
Right to Work |
No |
|
|
State Minimum Wage |
$8.00 |
4 or more employees; maximum tip credit 40%; minimum wage for tipped employees $4.50 |
|
State Military Leave |
Yes |
Unlimited leave for state national guard plus reinstatement & benefits, with comparable increases; if disabled and cannot perform former duties, employee entitled to comparable position; must give reasonable notice of deployment if possible; request for reinstatement 1 day after 30-day deployment or less, 14 days after 30 day deployment, 90 days after 180 day deployment or longer; termination without cause prohibited for 1 year; U.S. uniformed service people must request reinstatement within 90 days |
|
Jury Duty |
Yes |
Unpaid leave; night shift employee allowed time off without penalty; notice to employer within 10 days of summons |
|
Voting |
Yes |
Paid time off; time scheduled at employer’s discretion; 1 day notice by employee required |
|
Garnishment |
Yes |
No discharge for 1 deduction; for general garnishment, fee of $12 or 2% of deduction; for child support, $5/month; |
|
State Family & Medical Leave |
Yes |
For employers with 50 or more employees; those who have worked at least half time for 6 months or more; school events, 4 hours/day or 8 hours/year for employees with no paid leave; domestic violence or sexual assault for employee or family/household member, 12 weeks unpaid leave |
|
Arrest & Conviction Records |
Yes |
Unlawful to ask about arrest or conviction that has been expunged or to use arrest or criminal record to influence employment |
|
Discrimination |
Yes |
15 or more employees (1 or more employees/disability); age (40 and older); national origin; disability (physical or mental), HIV/AIDS; gender; marital status; pregnancy & child birth; race; religion; sexual orientation; genetic testing; citizen status; military status; arrest record |
|
Whistleblower |
Yes |
Public employees |
|
Plant Closings |
Yes |
For mass layoff, relocation, or employment loss; for employers with 75 or more employees or those whose employees work an aggregate 4,000 hours/week excluding overtime; 60 days notice required; |
*These laws change often, so consult state statutes for the most up-to-date information.
Illinois Discrimination Laws
Illinois has a wide range of supplemental state laws protecting employees from wrongful termination. Those laws are in addition to the federal laws protecting the basic rights of race, color, religion, sex or national origin. If those rights are abused, employees may file a claim with state agencies, which follow these guidelines:
- Enforcement, administration, and investigation by the state is the primary claim method for wrongful termination.
- Employees are permitted to file a wrongful termination private lawsuit for temporary relief only.
- Employees are permitted to recover attorney’s fees from a defendant.
- Statute of limitations is 180 days
Filing a Claim for Wrongful Termination
Those who are victims of wrongful termination may file a claim with the Illinois EEOC as well as their Department of Human Rights, which, if they deem the case valid, will pursue the following procedures:
- Investigation
- Mediation/Conciliation
- File a lawsuit, when appropriate
- Employees may file for temporary relief only in civil court.
Legal Remedies for Wrongful Termination
Employees may expect any or all of the following remedies from state agencies:
- Reinstatement
- Reinstatement of benefits and seniority
- Back pay
- Compensation for stress and suffering
- Punitive damages to prevent further abuses by the employer
- Mandated policy changes to protect other employees in that company
- Possibly court costs and attorney’s fees
Illinois employers who fail to abide by federal or state employment standards for hiring and firing may face the following penalties:
Jury duty – civil and/or criminal contempt of court, and possible liability for lost wages and benefits.
Garnishment – retribution for one garnishment can result in a class A misdemeanor charge, which includes a fine of up to $2,500 and/or 1 year in jail. For child support withholding, employer may be liable for the amount of wages not garnished, fined up to $200, and ordered to reinstate employee.
Plant closings – employers who fail to give appropriate notice may be liable for up to 60 days of back pay and benefits for the same period; up to $500/day civil penalties unless back pay is paid within 3 weeks of announced layoffs; federal penalties accrue toward state penalties.
Employees are limited to agency claims for wrongful termination violations in the state of Illinois. However, since they have only 180 days to file those claims, it may be wise to consult an employee rights attorney to ensure their case is pursued effectively.
Local Resources
Illinois EEOC Offices
Chicago District Office
500 W. Madison Street
Suite 2800
Chicago, IL 60661
312-353-2713 or
800-669-4000
TTY: 313-353-2421 or
800-669-6820
FAX: 312-886-1168
Department of Human RightsChicago, IL312-814-6200www.state.il.us/dhr