Wrongful termination, also known as unlawful termination or unfair dismissal, happens when an employer fires an employee for a reason that violates the law or the terms of an employment contract. Wrongful termination for sick leave in Deerfield occurs when an employer fires an employee for taking time off due to illness or retaliates against them for using protected sick leave.
If you believe you were wrongfully fired by your employer for taking sick leave, carefully preserve any evidence that supports your claim, such as emails, memos, or other documents related to the case. You should also seek legal advice from a wrongful termination attorney to understand your rights and options.
In Illinois, the Paid Leave for All Workers Act (PLAWA) mandates that employers provide employees with up to 40 hours of paid leave annually, usable for any reason. PLAWA applies to nearly all employers in the state, including domestic workers, but excludes independent contractors.
Employers cannot mandate employees to provide a reason for taking paid leave. The PLAWA took effect on January 1, 2024. The Illinois Employee Sick Leave Act (ELSA) also protects employees’ right to use existing sick leave for family members’ health needs.
ELSA was enacted in 2017 and requires employers to allow employees to use their existing sick leave for absences related to the employee’s own illness, injury, or medical appointment, or for those of their covered family members. Employees who are subject to unlawful termination in Deerfield after taking sick leave should speak with a lawyer about their legal rights.
While employers can generally terminate an employee at will, they cannot unfairly fire someone for taking medical leave or for engaging in other protected activities. For example, a worker who exercises their rights under the Family and Medical Leave Act or state laws like PLAWA may have a valid wrongful termination claim if they are subsequently fired.
PLAWA affects virtually every employer with an employee in the state. If an employer violates these protections, the termination may be considered wrongful, and the employee may have grounds for a lawsuit. If your employer starts treating you differently than other employees, especially after you return from sick leave, without a clear and justifiable reason, it could be a cause for concern.
If you previously took sick leave or requested accommodations and were then terminated, it could be a sign of retaliation for exercising your rights under the law. If your performance was never an issue before your sick leave, and now you are terminated, it could be a sign of wrongful termination. If the reason for your termination is vague, unclear, or seems fabricated, it is likely worth investigating.
The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities. If your illness or medical condition is covered by the ADA, and you are terminated after taking leave, it could be a violation of your rights. If you believe you have been wrongfully terminated after taking medical leave, it is important to consult with an experienced Deerfield attorney as soon as possible.
If you believe that your employer fired you for reasons related to an illness or for using sick leave that you were entitled to, you may have a wrongful termination claim. A lawyer could evaluate your potential case related to wrongful termination for sick leave in Deerfield, advising you on your rights and representing you in any subsequent legal proceedings. They could examine the details of your termination, including your employer’s reasons, your sick leave history, and any relevant company policies or employment contracts to build a strong case. Contact our team at S.T. Legal Group today to request your free 30-minute case evaluation.
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