At S.T. Legal Group, we are well aware that Illinois is an “employment-at-will state,” meaning a state in which an employer or employee can terminate the work relationship at any time for any reason or no reason at all. Even so, in Illinois, many actions can be considered “wrongful termination,” leading to a judicial decision that the wronged party is entitled to damages.
If you find yourself in a situation in which you believe you have been wrongfully terminated, or in which you have been falsely accused of wrongfully terminating an employee, you should contact a Deerfield wrongful termination lawyer at S.T. Legal Group for an in-depth evaluation of your case. Our team of dedicated employment attorneys is experienced in handling this complex issue on both sides, and will take the time necessary to analyze the specifics of your case to protect your interests.
There are four basic reasons that the end of an employment relationship may be considered wrongful termination in Illinois:
While your employer can terminate your employment “at will employment,” she or he cannot terminate you for reasons based on categories protected by anti-workplace discrimination laws, such as:
The size of the company is relevant to how these laws apply, however. In some cases, termination for discriminatory reasons applies only in companies with 15 or more employees. State and local law, however, essentially apply to all employers. Also, these categories are not as clear-cut as they may seem. It is essential to have a skilled wrongful termination attorney who knows the ins and outs of Illinois state and federal laws to protect your rights to fair treatment both in and out of the courtroom.
The Whistleblower Protection Act, protects federal employees who report “government illegality, waste, and corruption” from retaliation. Laws designed to protect non-government employees throughout the country, however, are inconsistent.
Although, in some states, only federal employees enjoy this protection while Illinois state law on this front is strong. Employees here are protected from retaliation in the workplace, including wrongful termination, by The Illinois Whistleblower Protection Act. This law prohibits retaliation against an employee for disclosure of information on a company’s violation of state or federal law.
There are many different types of illegal behavior an employee may report to the proper authorities in wrongful termination cases, including:
The Occupational Safety and Health Administration (OSHA) is the enforcer of many whistleblower provisions, such as violations of:
OSHA protects whistleblowers in Deerfield from being wrongfully terminated for testifying to, and providing evidence of, gross mismanagement, gross waste of funds, abuse of authority, substantial and specific danger to public health or safety.”
If you have been hired under a written employment contract that ensures your job security for a certain length of time, you are no longer considered an “at-will” employee. Instead, your employer is required by law to follow the rules stipulated in the employee handbook if she/he desires to terminate your work relationship. Therefore, our capable team may be able to use the contract itself, as well as the guidelines outlined in the employment manual, to hold your employer to retain you according to the terms stated in the employment contract.
S.T. Legal Group will examine not only an existing contract, but any other written materials (e.g. emails, texts) that state or imply that your employment is not “at-will.” We will also take note of how long you have worked for the company, and whether you have had promotions and positive reviews. Any of these may have bearing on an implied understanding that you were not vulnerable to at-will termination.
Employees are legally entitled to particular types of time off from their duties at the workplace according to public policy, without threat of termination. These excused absences are in addition to any vacation or sick days included in their original employment agreement. By Federal Law, such time off is permitted for:
This means that you may have a good case for wrongful termination in Illinois if you were, for example, absent from work to care for a sick family member.
Our lawyers in Deerfield will stand you in good stead as we protect you from wrongful termination or false claims of such action. We will:
Depending on your particular situation you may be awarded substantial damages for lost wages, court costs, legal fees, and even, in some wrongful termination claims, emotional distress. We may also be able to have you reinstated in your job.
Whether you are an employer or an employer, though your rights are protected by Illinois employment law, it is critical that you have a competent wrongful termination lawyer, like Diana Servos of S.T. Legal Group, fighting for your cause. As an employer, your attorney will make certain that any evidence of your wrongdoing is thoroughly investigated and that, if the whistleblowing employee has ulterior motives for lying, he or she will be exposed. In such a case, the employee fabricating the case may be criminally prosecuted.
On the other hand, if you are the whistleblower and the charges you have brought are unintentionally mistaken, or do not measure up to the standard necessary for a more thorough investigation, our attorney will protect you from retaliation for raising the question, as long as you acted in good faith.
A viable wrongful termination claim can be a complicated legal issue. Because it can affect both the employee and the employer in terms of finances and reputation, it is likely to be taken very seriously by both parties. That’s why it’s so important to have a Deerfield wrongful termination lawyer at your side. Reach out to S.T. Legal Group today for an evaluation of your wrongful termination in Illinois case.