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 essential 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?
In an Illinois at-will employment, discrimination is the most common unlawful ground for terminating an employee. Termination by an employer cannot be done on the basis of race, nationality, gender, or religion. An Evanston 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.
Also, the Family and Medical leave act prohibits employers from firing employees for having taken leave for family or medical reasons. 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?
In Evanston, Illinois, a lawyer will be able to notify you about whether you are a victim of wrongful termination, and they will be able to guide you in preparing the necessary documents. Sometimes there can be procedures that are unique, and a lawyer can guide you in these as well.