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.

It is essential that you find out what type of employment your work is classified as, because employment that is not considered to be "at will" is subject to different restrictions. If an employment contract specifying a time for employment is involved for your work agreement, then employment is not "at will", and termination can only be done following the terms of 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 initiating an investigation into discrimination or filing a legal claim of discrimination against the St. Joseph employer.

Additionally, under the Family and Medical Leave Act, employers may not terminate employees who have taken leave for family reasons or medical treatment. Lastly, employers are prevented from terminating an employee because they have exercised a legal right, performed a legal obligation, or have refused to do something that is illegal.

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

A local St. Joseph, 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.