In Illinois, most employment is considered "at will". This type of employment follows the principle that either the employer or the employee may terminate the relationship at any time, for any reason. In "at will" employment, the only general 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 important that you know how your work setup is classified. Arrangements for employment that are under a set term contract are not "at will", and may 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 certain race, nationality, religion or gender. A Dwight employer also is prohibited from terminating at-will employees as a method of retaliation if the worker has sought an investigation into discrimination or has filed a legal claim for discrimination against the employer.
Further, 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 cannot fire 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?
Dwight, 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.