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. Arrangements for employment that are under a defined term contract are not "at will", and can only be terminated according to the clauses contained in the agreement.

What are the Illegal Grounds for Terminating At Will Employment in Illinois?

The most common illegal ground for terminating an Illinois employee is discrimination. An employer cannot terminate an employee simply for being of a specific race, nationality, religion or gender. A Dupo employer also is prohibited from terminating at-will employees as a form of retaliation if the worker has sought an investigation into discrimination or has filed a legal claim for discrimination against the employer.

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. Finally, employers cannot terminate employees who are simply exercising a legal right, performing an obligation under law, or refusing to do an illegal act.

Do I Need a Illinois Attorney for My Wrongful Termination Case?

A local Dupo, 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.