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. 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?
Discrimination is the most common unlawful grounds for terminating an employee in Illinois. Employers are not allowed to terminate an employee because of their race, religion, nationality, or gender. An employer also may not fire an at-will employee in retaliation for the employee prompting an investigation into discrimination or filing a legal claim of discrimination against the Hinsdale employer.
Also, under the Family and Medical Leave Act, employers may not terminate employees who have taken leave for family reasons or medical treatment. Finally, employees are protected from being terminated by their employer for performing a legal obligation, exercising their legal rights, or for refusing to participate in an illegal act.
Do I Need a Illinois Attorney for My Wrongful Termination Case?
A local Hinsdale, 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.