Protecting Your Rights Against Wrongful Termination and Retaliation
While Illinois is an "at-will" employment state — meaning employers can generally terminate employees at any time for any reason — there are important exceptions. When an employer fires an employee for an unlawful reason, that termination may give rise to a wrongful termination or retaliatory discharge claim under Illinois or federal law.
At Griffin Williams McMahon & Walsh LLP, we represent employees who have been wrongfully terminated, as well as employers seeking to ensure their termination practices comply with the law.
Wrongful Termination
A termination may be considered wrongful if the employee was fired for reasons that violate state or federal law, including:
- Discrimination based on race, sex, age, disability, religion, national origin, or other protected characteristics
- Retaliation for reporting workplace violations, filing a workers' compensation claim, or engaging in other protected activity
- Exercising rights under the Family and Medical Leave Act (FMLA)
- Refusing to participate in illegal activity directed by an employer
- Violation of an employment contract or implied agreement
- Termination that violates a clear mandate of public policy
Whistleblower Protections
The Illinois Whistleblower Act (740 ILCS 174) provides specific protections for employees who report their employer's illegal activities or refuse to participate in unlawful conduct. Under this law, employers are prohibited from retaliating against employees who:
- Disclose or threaten to disclose an activity, policy, or practice that the employee reasonably believes violates the law
- Provide information to or testify before any public body conducting an investigation or hearing
- Refuse to participate in an activity that would violate a state or federal law, rule, or regulation
Retaliation can take many forms beyond termination, including demotion, pay cuts, reassignment, harassment, negative performance reviews, and interference with future employment opportunities.
Retaliatory Discharge
Illinois common law also recognizes retaliatory discharge claims. To establish such a claim, an employee must show that they were terminated in retaliation for engaging in a protected activity, and that the termination violates a clear mandate of public policy. Common examples include being fired for:
- Filing a workers' compensation claim
- Reporting safety violations or illegal conduct
- Complying with a legal obligation, such as jury duty
- Refusing to commit an illegal act at the employer's direction
Remedies Available
Employees who have been wrongfully terminated or subjected to retaliation may be entitled to recover:
- Back pay and lost benefits
- Front pay for future lost earnings
- Reinstatement to the former position
- Compensatory damages for emotional distress
- Punitive damages in cases of egregious employer conduct
- Attorney's fees and costs
Time limits apply to filing wrongful termination and whistleblower claims. Under the Illinois Whistleblower Act, claims generally must be filed within five years, while federal claims may have shorter deadlines. Acting quickly is essential to preserving your rights. For more information regarding our expertise in wrongful termination and whistleblower matters, please contact us.