Enforce Your Rights After A Wrongful Termination
Last updated on September 11, 2024
Nobody should lose their job for discriminatory or retaliatory reasons. State and federal laws offer strong protections for employees who are victims of wrongful termination. Despite these laws, far too many employers in Chicago and across Illinois fail to comply with them.
If you are an employee who has been wrongfully terminated, or an employer who is fighting an unsubstantiated claim of wrongful termination, contact FMCO Law. Our well-respected employment attorneys are here to help. We have comprehensive knowledge of employment law, and we have the powerful skill set needed to bring your case to a successful conclusion.
Breaking Down Wrongful Termination
Illinois, like most states, is an “at-will” employment state. This means an employer can discharge a worker for any reason or for no reason at all, and need not show cause for termination. While the employee also has the right to terminate employment, they likely need the income, so the cards are usually stacked in the employer’s favor.
Nonetheless, there are limits to the employer’s power. Certain reasons for termination are illegal throughout the country, including:
- Discrimination against an employee for protected characteristics
- Violation of an employment contract
- Retaliation for certain protected actions, such as whistleblowing
- Termination for use of protected time off (e.g. for military service)
This means that if you are an employee who can prove that your firing was based on one of the unacceptable categories listed above, you may be able to sue your employer for wrongful termination.
What Amounts To Employment Discrimination?
Both federal and state laws prohibit employers from terminating an employee based on a legally protected characteristic. As a matter of fact, these laws also prohibit the employer from taking any adverse employment action (e.g. demoting or providing unfavorable working conditions) for discriminatory reasons. Legally protected characteristics generally include:
- Age
- Color
- Disability
- Gender identity
- Military/veteran status
- National origin
- Race
- Religion
- Sex
- Sexual orientation
Our wrongful termination attorneys are well aware of the tactics our opponents may use. You can depend on us to come to your case armed with proven negotiation and litigation strategies.
How Violations Of Legally Protected Rights Can Become Wrongful Termination
While an employer may well fire an employee for an unexplained absence, that employer does not have the right to terminate an employee for military service, jury duty or voting, nor for exercising his civil rights by reporting misconduct.
Employees are also entitled to report discrimination, harassment, safety violations and other illegal conduct without fear of retaliation. Therefore, if your employer fires you for whistleblowing, our wrongful termination attorneys will protect you and fight to obtain appropriate compensation.
How Employment Contracts Or Implied Promises Affect Wrongful Termination
Employers can’t legally terminate employees who are working under a written employment contract that defines the period of employment and specifies the grounds for dismissal. Even if you are working under an implied promise of continued employment, our savvy wrongful termination lawyers will likely be able to handle your case as a breach of contract claim.
Why You Need Strong Legal Representation In Cases of Wrongful Termination
The broad scope of the “at-will” principle can make wrongful termination hard to prove since an employer will likely disguise illegal motives as performance-related. Our attorneys have strong capabilities when it comes to fighting for your rights: We will:
- Investigate your case thoroughly, gathering written, posted or photographic evidence
- Interview reliable witnesses who will corroborate your version of events
- Skillfully handle all communications with opposing counsel
- Negotiate a fair and reasonable settlement or take your case to court
The fact that our lawyers are not only committed to your cause, but equally comfortable in and out of the courtroom, makes us formidable opponents.
Damages We Will Fight To Win If You Have Been Wrongfully Terminated
If you are an employee who has been fired for your race, religion, age, disability or another protected characteristic, we will fight aggressively to win you the damages you deserve for:
- Lost wages
- Lost benefits (e.g. bonuses, health insurance)
- Emotional distress
- Attorneys’ fees and court costs
When practical, we may persuade the court to reinstate you at your place of employment. In cases in which the employer’s conduct has been especially egregious, we may also be able to obtain punitive damages.
Guidance For Employers On Wrongful Termination
We are always available to help an employer who has lawfully fired an employee for cause, such as:
- Unreliable attendance
- Poor performance
- Misconduct
- Layoffs due to legitimate business needs
Sometimes, inept employees claim they were fired because of their ethnicity or gender rather than their lack of productivity. Our team can help set the record straight, protecting your business and reputation.
Start Today With A Consultation
Whichever side of the table you’re on, it takes an experienced attorney to win your case. If you have been wrongfully terminated, you may feel that your life has been destabilized, but our experienced law team will put you back on a solid footing. Contact us now at 630-912-5702 so we can begin taking the necessary steps to bring you justice. We’re based in Geneva and serve clients statewide.