In Illinois, most employment is considered "at will". This form of employment follows the principle that either the employer or the employee may terminate the relationship at any point, for any reason. In "at will" employment, the only basic exception is that the reasons for termination must not be illegal or in violation of the law.
Employment that does not fall into the category of "at will" is not subject to the same restrictions. Thus, it is critical that you identify what type of employment arrangement you are involved in. In general, employment that is subject to a set period employment contract is not considered to be "at will", and termination may only happen in accordance with procedures outlined in the contract.
What are the Illegal Grounds for Terminating At Will Employment in Illinois?
Regarding terminating an Illinois employee, discrimination is the most common illegal reason. An employer may not fire an employee just because they are of a certain race, religion, gender, or nationality. Employers in Belleville may also not terminate at-will employees as an act of retaliation if they have filed a legal discrimination claim or initiated an investigation into discrimination.
Moreover, the Family and Medical Leave act makes it illegal for employers to terminate any of their employees who have taken leave based upon family or medical needs. Lastly, employers may not terminate workers who exercise their legal rights, perform a legal obligation, or refuse to commit an illegal act.
Do I Need a Illinois Attorney for My Wrongful Termination Case?
A local Belleville, Illinois attorney can better inform you about whether a wrongful termination has occurred, and will also help in collecting the appropriate documents for your case. There may also be unique procedures that an attorney can shepherd you through.