It’s mincing words and as lawyers who try not to talk like stereo-typical attorneys, we hate that, but wrongful termination in Illinois is really a myth. Unless you have an employment contract that guarantees you work – typically a union employee – you are an at will employee. This means that you can be let go for any reason, unless it’s illegal.
If you are fired because of your race, age, religion, pregnancy, because you got hurt on the job, gender, etc. and you can prove it, you may have a case for illegal termination. The key thing is being able to prove it. It’s one thing to know in your heart that you were fired for illegal reasons. It’s completely another to have actual evidence that shows what happened was illegal. Evidence would be an e-mail or voice-mail that shows something to support your claim, independent witnesses that can verify your story, a paper trail, etc. Without that you probably lose.
On the other hand, if you were the best employee ever, worked for years with many awards, gave your heart to the company and were unfairly or incorrectly let go then it’s no case. Same goes true for personality conflicts or favoritism by a boss for the ones that they like more than you.
The hardest thing to grasp in these situations is that if it’s unfair or "just not right" it doesn’t matter. Under Illinois law you have no right to your job no matter how great you are. Illinois employment attorneys will pursue cases where they can prove illegal activity. Otherwise they are just stealing your money if you really were fired for unfair or unknown reasons.
If you aren’t sure if something illegal happened you can always file a complaint with the EEOC or Illinois Department of Human Rights. Those agencies do free investigations on behalf of employees to see if there is anything illegal about a termination. They are run like typical Government agencies – hurry up and wait – but it’s free and they have helped some people. You can also apply for unemployment benefits and if they find that you were let go unfairly you will get that compensation.
Since 2001, findgreatlawyers.com has been the leading resource for Illinois attorney referrals and legal guidance. If you would like our help please contact one of our lawyers via our on-line form or call (800) 517-1614. We are based in Chicago, but help people find attorneys for legal matters throughout Illinois. All inquiries are free and confidential.
Tags: eeoc "wrongful termination" "illegal termination" "at will employment"
I am experience just such a dilemma right now. I believe it is time that this state along with 48 others consider adopting the META act, which would at least provide a source of grievance for those without the backing of a union or other organization. Right now the axis is stacked way too heavily in favor of the employer. And while the concept of at-will employment works both ways, I still believe that should be a form of redress for the discharge employee even if he/she doesn’t win reinstatement. Since this act was proposed in 1991, I wonder how come only one state, Delaware, has ratified it.
In my own case there was a bogus email sent in my name after I was gone, and am seeking redress for this. It is to me a form of unknown character defamation, and would be seeking the best person to find a loophole to where I can achieve redress and possible compensation for this. I want to at least be able to prove a saga of greed, betrayal and jealousy which would challenge even a seasoned novelist to write about.