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 arrangements that do not qualify as "at will" are not subject to the same limitations and restrictions, so it is critical that you know how your work setup is classified. Generally, if your employment arrangement was for a set term, it is not "at will", and the employment can only be terminated according to procedure contained 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. An employer in Cook County also cannot fire at-will employees in retaliation for the employee filing a claim for discrimination or seeking an investigation of discrimination against the employer.
Furthermore, according to the Family and Medical leave, employers are prohibited from firing employees who take leave for family or medical purposes. Finally, an employer may not terminate an employee for refusing to do something illegal, for exercising a legal right, or performing a legal obligation.
Do I Need a Illinois Attorney for My Wrongful Termination Case?
Cook County, Illinois lawyers are knowledgeable and can inform you properly as to whether a wrongful termination has occurred. They will also be able to help you gather the necessary information and documents, and will guide you through any unique or special procedures.