Most employment in Illinois considered to be "at-will". This means that either the employer or employee can terminate the employment at any particular moment, and for any reason. The only exception to this are reasons that the law has particularly 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 critical 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?

The most common illegal ground for terminating an Illinois employee is discrimination. An employer cannot terminate an employee simply for being of a certain race, nationality, religion or gender. A Worth 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?

Worth, Illinois lawyers are knowledgeable and can inform you properly as to whether a wrongful termination has occurred. They will also be able to help you gather the necessary information and documents, and will guide you through any unique or special procedures.