Retaliatory Termination Suits in Chicago

Legal Support After Retaliation by a Chicago Employer

Although most employees are subject to employment at will, at-will status doesn’t give an employer the right to punish protected activity. Employees may refuse to participate in activities they reasonably believe are unethical or unlawful and, in some circumstances, must report suspected misconduct to a supervisor, a government agency, or both.

When that conduct is legally protected, an employer can’t terminate the employee for making a report or refusing to follow instructions the employee reasonably believes to be unlawful. Retaliation isn’t limited to discharge. It can also involve demotion, reduced hours, discipline, reassignment, or other employment consequences. Since 2009, our attorneys at The Prinz Law Firm have represented executives, physicians, professionals, and others in employee retaliation matters. Evaluating a retaliation situation generally means asking what protected activity occurred, what adverse action followed, and whether the facts support a connection between them.

Need legal advice on your retaliatory termination case? Our Chicago retaliatory termination attorneys can help. Call (312) 345-6603 today to see how we can help.

Understanding the Types of Wrongful Termination

Wrongful termination is a discharge based on discrimination or in response to an employee’s protected report or conduct. This can include a report of discrimination or other unlawful activity, such as tax fraud or improper accounting methods. A termination can support both a retaliation theory and a separate employment-law claim when the facts involve discrimination, leave rights, wage rights, safety concerns, or whistleblower activity.

Retaliatory termination may follow any of these activities or events:

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
Returning from disability leave
Returning from FMLA leave
Whistleblowing

Legal Protections against Retaliation 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.

These protections include:

Illinois Whistleblower Act: This law protects employees from retaliation if they report violations of the law or conduct that poses a substantial and specific danger to employees, public health, or safety.
Illinois Human Rights Act: This statute prohibits discrimination and retaliation based on protected categories, including race, gender, age, and disability, and covers retaliation against employees who file complaints about discrimination or harassment.
Chicago Human Rights Ordinance: The City of Chicago maintains its own employment protections. Chicago Municipal Code section 6-100-030 specifically prohibits adverse action in retaliation for exercising covered rights, including unjustified termination, denial of promotion, negative evaluations, punitive schedule changes, and less desirable work assignments.

Common Examples of Retaliation Beyond Termination

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.
Negative performance reviews: An employer may give unwarranted, poor evaluations to undermine an employee's work record and justify future termination.
Workplace exclusion: Management may intentionally isolate an employee by leaving them out of key meetings, emails, or professional development opportunities.
Excessive micromanagement: An employer may subject an employee to hyper-scrutiny and unreasonable oversight to create pretextual grounds for discipline.

No matter what situation you are in, our Chicago retaliation lawyer can examine your case and help you decide on the appropriate next steps.

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.

Furthermore, since The Prinz Law Firm represents employers and employees in employment matters, our retaliation attorneys in Chicago approach retaliation situations with an understanding of how these disputes are analyzed from both sides.

FAQ: Retaliatory Termination in Illinois

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 Chicago retaliatory termination attorney to assess the details of your situation and gather any relevant evidence.
How long do I have to file an Illinois retaliation charge or claim?
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?
Employees who prevail in a retaliation claim may be entitled to several forms of compensation, including back pay, reinstatement, emotional distress damages, and punitive damages, depending on the governing law and the circumstances of the case.

Learn more about proving retaliation:

How Do I Prove That My Employer Retaliated Against Me?

Request Help With Your Case

Our Chicago workplace retaliation lawyers draw on experience representing both employees and employers in employment law disputes to assess your options if you believe your employer retaliated against you. We can review your situation, help you identify protected activity and adverse actions, and outline the next steps available to you.

Are you interested in discussing your legal matter with a Chicago retaliatory termination attorney from our firm? Give us a call now at (312) 345-6603.

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