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. A Kildeer 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. 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?

A local Kildeer, 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.