Although the state of Illinois is an at-will employment state, meaning that an employee can be fired for any reason, there are some exceptions that constitute wrongful termination.
To file a lawsuit for wrongful termination in the state of Illinois, a person must have a valid reason to sue. Some situations that lead to termination, such as discrimination or whistle-blowing, are valid reasons for bringing a wrongful termination suit against an employer. There are several things the terminated employee must show the court concerning the termination.
Public Policy Violation
The termination must violate the public policy of Illinois.
The employee must show that the termination violated Illinois' public policy, which is vaguely defined in Illinois but considered on a case-by-case basis. If the termination of the employee affects the state as a whole, public policy is said to be involved. Employees in Illinois are protected from termination for reporting illegal activities by their employer or reporting unsafe working conditions to superiors in the company or outside authorities. The employee bringing suit should have an attorney determine whether the firing violates Illinois public policy.
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Actual Termination
The employee must be terminated completely from employment with the company.
The employee must have been actually fired from employment. An employee who is demoted from his current position or has been threatened with termination cannot bring suit for wrongful termination.
Filing Suit
The employee must file a claim with two different departments in the state of Illinois for an investigation to commence.
The employee bringing the wrongful termination suit must file a claim with the Illinois EEOC and the Department of Human Rights. If these two departments believe there is a valid wrongful termination case, an investigation and mediation will take place. The lawsuit will be filed with the court before the statute of limitations has run. The statute of limitations for filing a wrongful termination suit is 10 years if the employment contract was written or five years if the employment contract was oral. Some companies require employees to sign a contract prior to beginning employment that shortens the statute of limitations. For example, an employer may have an employee sign a contract that states that the employee has only one year after termination to file any claim, including wrongful termination, relating to the employment.
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