An employee, under illinois state law can file for a wrongful termination Illinois suit, to help claim compensation for lost wages and benefits. Almost 13 million people live in the state of Illinois, and many people in the state are employed. Unfortunately, some people would have experienced wrongful termination in the workplace due to circumstances beyond their control, leaving them without a job. Termination of an employee is wrongful if they have been fired for illegal reasons.
The state of Illinois is an “at will” state, which means that the employer does not need to have a reason to terminate an employee. However, according to the federal mandates, it is illegal for an employer to discriminate against an employee. Employers cannot discriminate on the basis of race, gender, age or sexual preference.
If an employee is fired because their employer does not really like them, it is not considered discrimination. However, if an employee can prove that their boss did not like them because of their age, sexual preference, race or some other reason that is protected by law, it is discrimination, and they would have a case for wrongful termination Illinois.
What Constitutes Wrongful Termination Illinois?
If an individual wishes to file a wrongful termination lawsuit in the state of Illinois, they must have a good reason. A person has to be fired to sue for wrongful termination. The main thing individuals need to consider when filing for wrongful termination Illinois is that they need to prove it. Employees may have kept some emails or text messages, or they might have a witness who can verify the claim.
Employees cannot be fired if they are pregnant, or they cannot be fired because they were a whistle blower. In addition, a person cannot be terminated because of military service or because of jury duty. An employee also might have a case if their employer has defamed them, such as accusing them of stealing.
How You Can Deal With Wrongful Termination Illinois
Employees who believe they are wrongly terminated Illinois need to contact an attorney as soon as possible. Individuals need to make sure that they have documentation of everything that took place. After an employee loses their job, they need to ask their employer the reason that they were terminated and who made the decision. Employees can ask to see their personnel file.
If an employee decides to pursue legal action, they should file a claim with the Department of Human Rights and the EEOC. If these departments think the employee has a case, they will look into the matter, and there will be a mediation. Before the statute of limitations expires, the suit needs to be filed with the court. The statute of limitation for wrongful termination Illinois is ten years for a written contract and five years for an oral contract.
Being fired from a job can be a stressful and traumatic experience. Therefore, employees who have been terminated because of discrimination should contact an experienced attorney to see if they have basis for a wrongful termination Illinois lawsuit. They can then begin to put the disturbing experience behind them and move on with their life.