Wrongful Termination in Illinois: When to Talk to a Lawyer

Losing a job is stressful, and many people wonder whether the way they were let go was legal. In general, employers in Illinois can end employment for many reasons, but some reasons are prohibited by federal or state law. Examples include firing someone because of race, sex, age, disability, religion, national origin, or in retaliation for reporting a legal violation. Whether a particular firing crosses that line depends on the facts.

This article explains the general landscape. It does not say whether your termination was unlawful, and it does not predict the outcome of any claim.

Common categories people ask about

Employment questions often fall into a few broad groups:

• Discrimination. The firing may have been based on a legally protected characteristic.
• Retaliation. The employer may have punished someone for complaining about discrimination, harassment, unpaid wages, or safety problems.
• Leave or disability issues. Someone may have been fired after requesting medical leave or an accommodation.
• Contract or policy issues. A written agreement or company policy may describe how and when employment can end.

Some of these issues involve federal law, some involve Illinois law, and some involve both. The agencies and deadlines can differ, so it helps to identify which category fits your situation before you act.

Deadlines can be short

Filing deadlines are one of the most important parts of a termination matter. For many federal employment discrimination charges, the U.S. Equal Employment Opportunity Commission explains that a charge generally must be filed within 180 days of the discriminatory act, and that the period may be extended to 300 days when a state or local agency enforces a law that covers the same issue. The EEOC's guidance also notes that these rules have exceptions and differences, including for age discrimination and harassment claims.

State agencies and state courts may have their own deadlines. Do not assume that you have time. If you were recently fired, write down the date, and speak with a lawyer or an agency about deadlines as soon as possible.

What to gather right away

Good records make it easier to understand what happened. Start with:

• Your offer letter, employment agreement, and any written policies you received
• Performance reviews, emails, and messages about your work
• The termination notice, or a written note of what was said in the meeting, with the date, time, and names of people present
• Pay stubs and records of benefits
• Any complaints you made, to a manager, to human resources, or to an agency
• A list of coworkers who might know what happened

Keep these records in a safe place, and do not take confidential company documents you are not authorized to keep. A lawyer can explain what you may and may not use.

Internal complaints and agencies

Some people raise a concern with a manager or human resources before they seek outside help. Others go straight to an agency. Both choices can have consequences, so it is reasonable to ask a lawyer before you file anything. A written complaint can create a record, but it can also trigger deadlines.

The EEOC lets people file federal charges through its online system and its field offices. Illinois also has state agencies that handle workplace complaints. An attorney licensed in Illinois can explain which agency fits your situation and what the filing deadline may be.

When to talk to a lawyer

A consultation can be especially useful when:

• You believe the reason for the firing was illegal
• You were fired shortly after making a complaint or requesting leave
• You are asked to sign a separation agreement or release
• The employer is offering severance with a short deadline
• You are unsure whether a non-compete or confidentiality agreement limits your next job

Many employment lawyers offer free initial consultations. Ask how fees work, including whether they are hourly, contingent on a recovery, or a flat fee, and ask for the agreement in writing.

Before hiring, check the lawyer's status on the official Attorney Registration and Disciplinary Commission lawyer search. Our employment practice page describes the kinds of matters these lawyers handle, and lawyers in Illinois lists options across the state. For Chicago-area matters, see lawyers in Chicago.

Be careful with severance papers

Severance agreements often include a release of claims, a confidentiality clause, and a deadline to sign. Signing can end your right to pursue certain claims. Do not sign a release on the spot, and ask a lawyer to review it if you are unsure. Some releases, especially those that cover age discrimination claims, have review periods set by federal law. Note the deadline in the document and ask a lawyer how much time you have.

Questions to ask a lawyer

1. Which laws do you think apply to my situation?
2. What deadlines do I need to know about right now?
3. What records should I preserve, and what should I avoid taking?
4. Have you handled employment matters in Illinois courts or agencies before?
5. How do you charge, and what costs might I be responsible for?

Free and low-cost help

If cost is a concern, you can contact a civil legal aid organization. The Legal Services Corporation's legal aid finder lists organizations that receive federal funding and can help you find one near you. Eligibility rules vary, so ask each program what it covers.

FAQ

Is it illegal to fire someone just because they are unhappy with pay?

Not in general. Whether a firing is unlawful depends on the reason and on the laws that apply. A lawyer can review the facts.

Do I have to file with an agency before I can sue?

For many federal discrimination claims, an administrative charge is required before a lawsuit. Other claims may have different rules. Ask a lawyer which path applies.

Can my employer fire me for complaining?

Some laws protect employees from retaliation for certain complaints. Whether a particular complaint is protected depends on what was complained about and the law involved.

How long do I have to take action?

Deadlines can be short and vary by law and agency. Note the date you were terminated and ask a lawyer or agency about deadlines as soon as possible.

This page is general information, not legal advice. Laws change and every case is different — talk to a licensed Illinois attorney about your situation.