Retaliatory Termination Suits in Chicago

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.