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Browse our 2 legal questions about Wrongful Termination in United States and the lawyer answers, or ask your own questions for free.
Wrongful termination, also known as wrongful dismissal or discharge, happens when an employee's contract of employment has been terminated by the employer in a manner that breaches one or more terms of the contract of employment or a statute provision in employment law. In Chicago, as it is in the rest of Illinois, most employment is at-will, meaning an employer can fire an employee for any reason, or no reason at all, as long as it's not an illegal reason. For instance, firing based on one's race, color, religion, sex, national origin, age, disability, or genetic information, can be considered wrongful termination. Retaliatory termination, or firing an employee for exercising their rights, is also illegal.
If you have been terminated from your job and believe it was done for an illegal reason, you should consult a wrongful termination attorney. Such situations include dismissal on the grounds of discrimination, retaliation, violation of public policy, or breach of contract. Filing a wrongful termination claim can be complicated and having a knowledgeable lawyer who can guide you through the process is critical to ensuring your rights are protected.
The Illinois Human Rights Act (IHRA) makes it illegal for Illinois employers to discharge employees based on race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service. Additionally, The Chicago Human Rights Ordinance and the Cook County Human Rights Ordinance prohibit employers from retaliating against employees for complaining about discrimination or assisting in the investigation or prosecution of a discrimination claim.
Any termination that violates state or federal anti-discrimination laws, labor laws, or the terms of an employment contract can qualify as wrongful termination.
If you suspect you were wrongfully terminated, it is advisable to consult a lawyer or a legal expert. Collect all relevant documentation, including your termination letter, and any evidence that may support your case.
Yes, if your termination was illegal, you can sue your ex-employer for damages. This however requires thorough case assessment and preparation, hence the need to enlist the services of an experienced wrongful termination attorney.
The amount of compensation in a wrongful termination lawsuit can vary greatly. It depends on lost wages, lost benefits, emotional distress, attorney fees, punitive damages, and whether there was retaliatory or discriminatory action by the employer.
Proving wrongful termination can be a challenge, especially in at-will employment states like Illinois. However, if there is clear evidence of violations to the aforementioned laws or contractual breaches, a wrongful termination claim can be substantiated.
The Illinois Department of Human Rights (IDHR) and Equal Employment Opportunity Commission (EEOC) are governmental bodies that handle wrongful termination complaints. Additionally, organizations like the Chicago Legal Clinic and Chicago Volunteer Legal Services offer free or low-cost legal aid to those who may not afford to hire an attorney.
Consulting a lawyer should be your first step if you believe you have a valid wrongful termination claim. They can advise on the legal standing of your case and guide you through filing a claim with relevant bodies. Remember to gather all relevant documents to support your claim before reaching out to a lawyer or legal organization for assistance.
