Retaliatory Termination Suits in Chicago

What Counts as Retaliation by an Employer?

Although most employees are subject to employment at will, employees are still expected to stand up and refuse to go along with activities they believe to be unethical or unlawful. Under some circumstances, workers are required to make a report to their supervisor and/or to a government agency.

In such cases, it is unlawful for any company to terminate the employee for making a report or refusing to abide by instructions the employee believes to be unlawful. Although there are many different ways in which an employer can retaliate against an employee, the attorney team at The Prinz Law Firm has experience representing a wide range of different cases.

Need expert legal advice on your retaliatory termination case? Our Chicago attorneys are ready to help. Call tel:(312) 345-6603 for a free consultation today!

Understanding the Types of Wrongful Termination

An employer may wrongly retaliate against an employee for engaging in protected conduct. In most cases, retaliation comes in the form of wrongful termination. Wrongful termination is a discharge that is based on some form of discrimination or in response to an employee’s report. This can include a report of discriminatory conduct or other types of unlawful activity, such as tax fraud or improper accounting methods.

An employee can be wrongfully terminated after any of the following:

Reporting a workers' compensation injury
Making a claim about gender discrimination
Making a claim about age discrimination
Making a claim about disability discrimination
Making a claim about religious discrimination
Making a claim about race discrimination
Making a claim about pregnancy discrimination
After returning from disability leave
After returning from FMLA leave
Whistleblowing

Legal Protections Against Retaliatory Termination in Illinois

Illinois has several laws in place to protect employees from retaliation by their employers. These protections ensure that workers are not penalized for engaging in certain protected activities, such as reporting illegal or unethical actions.

Illinois Whistleblower Act: This law protects employees from retaliation if they report violations of the law or unsafe working conditions. It allows workers to report misconduct without fear of losing their job.
Illinois Human Rights Act: This statute prohibits discrimination and retaliation based on various protected categories, including race, gender, age, disability, and more. It also covers retaliation against employees who file complaints about discrimination or harassment.
Chicago Local Ordinances: The City of Chicago has its own set of protections against retaliation. For example, the Chicago Human Rights Ordinance offers additional safeguards for employees against discrimination and retaliation in the workplace.

Common Examples of Retaliation

Retaliation can take many forms, not just termination. Here are some common examples:

Demotion: An employee may be demoted to a less favorable position or given less responsibility after reporting illegal or unethical conduct.
Reduced Hours: An employer may cut an employee’s hours as a form of retaliation.
Harassment: Retaliation can also involve creating a hostile work environment through harassment or bullying.

Retaliation is also common when employees report:

Sexual harassment: Employees who speak out against harassment may face retaliation.
Health and safety violations: Workers who report unsafe conditions or practices may experience retaliation.
Other legal violations: Employees who report fraud, discrimination, or financial misconduct may also face retaliatory actions.

The Burden of Proof in Retaliation Claims

To prove retaliation, employees must show that their employer took adverse action because of their protected activity. Here’s how they can do this:

Documentation: Keep records of incidents that might suggest retaliation, such as emails or written warnings.
Witness Testimony: Statements from coworkers or other witnesses who can confirm the retaliation.
Circumstantial Evidence: Even if direct evidence is unavailable, patterns of behavior or timing (e.g., being fired shortly after making a report) can be used to support a claim.

In Illinois courts, the employee must show that retaliation was a significant factor in the employer’s decision to take adverse action.

FAQ: Retaliatory Termination in Illinois

What is retaliatory termination?
Retaliatory termination occurs when an employer fires an employee for engaging in a legally protected activity, such as reporting discrimination, unsafe working conditions, or illegal practices within the company.
Can I be fired for reporting a workplace injury in Illinois?
No, under Illinois law, employees are protected from retaliation for reporting workplace injuries. Employers cannot fire or punish an employee for filing a workers' compensation claim.
How do I know if I have a case for retaliatory termination?
If you believe your termination was linked to a protected action you took, such as filing a discrimination complaint or reporting illegal activity, you may have a case. Consult with an experienced attorney to assess the details of your situation and gather any relevant evidence.
What types of actions are considered retaliation, aside from termination?
Retaliation can include actions such as:
- Demotion or reduction in responsibilities
- Reduction in pay or hours
- Harassment or creating a hostile work environment
- Negative performance reviews without a basis
How long do I have to file a retaliatory termination claim in Illinois?
In Illinois, you generally have 180 days from the date of the retaliatory act to file a claim with the Illinois Department of Human Rights (IDHR). If you are pursuing a federal claim, the deadline may be extended to 300 days under the Equal Employment Opportunity Commission (EEOC).
Can I receive compensation for retaliatory termination?
Yes, employees who win a retaliatory termination case may be entitled to several forms of compensation, including back pay, reinstatement, emotional distress damages, and even punitive damages, depending on the circumstances.

Request a Free Case Consultation

It is important that you consult with a knowledgeable attorney to determine whether you have a case for retaliatory termination. Our Chicago workplace retaliation lawyers are well-versed in this subject of employment law and can help guide you through a suit if you were a victim of retaliation.

Are you interested in a free consultation with a Chicago retaliatory termination attorney from our firm? Give us a call now at tel:(312) 345-6603

Read through the following to learn more:

How Do I Prove That My Employer Retaliated Against Me?

The Prinz Law Firm's Podcast

View Videos

Contact Us Today!

At The Prinz Law Firm, we're always ready to take your call! Give us a call at (312) 345-6603 or fill out the form below to contact one of our team members.

First Name
Last Name
Phone
Email
Are you a new client?
How can we help you?
By submitting, you agree to receive text messages from The Prinz Law Firm at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy