Most employment in Illinois considered to be "at-will". This means that either the employer or employee can terminate the employment at any given moment, and for any reason. The only exception to this are reasons that the law has specifically outlined as impermissible to use as a basis for employee termination.
Employment arrangements that do not qualify as "at will" are not subject to the same limitations and restrictions, so it is crucial 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 particular race, nationality, religion or gender. An employer in Winnetka also cannot fire at-will employees in retaliation for the employee filing a claim for discrimination or prompting an investigation of discrimination against the employer.
Furthermore, employers are prohibited by the Family and Medical Leave act from firing those employees who take leave in order to address family or medical concerns. 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?
In Winnetka, 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 gathering the necessary documents. Sometimes there can be procedures that are unique, and a lawyer can guide you in these as well.