BRIAN J GRABER LLC is an Illinois wrongful termination lawyer representing employees terminated in violation of Illinois and federal law. Illinois follows the employment-at-will doctrine. In Illinois, under the employment-at-will doctrine, an employer may terminate an employee for any reason or no reason at all. See Turner v. Mem’l Med. Ctr., 233 Ill.2d 494, 501 (2009). However, the employment-at-will doctrine is not absolute. An employer cannot terminate an employee for a reason that violates Illinois or federal law. Illinois recognizes the tort of retaliatory discharge also referred to as wrongful termination.

A major exception to the doctrine of employment-at-will is that an employer cannot terminate an employee for a reason that violates a clearly mandated public policy. A wrongful termination claim may arise when an employer terminates an employee for a reason that violates a clearly mandated public policy. Illinois common law recognizes a species of tort liability for wrongful termination or wrongful discharge known as retaliatory discharge.

The Illinois Supreme Court allows common law retaliatory discharge claims in the following circumstances:

When an employee has been discharged for exercising a right under the Illinois Worker’s Compensation Act, 820 ILCS 305/1, et seq.;
When an employee has been discharged for whistleblowing for reporting the employer’s or a co-employee’s violation of the law or for protecting the health or safety of the public;
When an employee has been discharged for refusing the employer’s demand to violate the law.

Illinois common law retaliatory discharge claims require that the employer actually terminate the employee. See Zimmerman v. Buchheit of Sparta, 164 Ill.2d 29, 38-39 (1994) (refusing to recognize a retaliatory discharge claim where an employee was demoted but not terminated for her protected activity). The Illinois Supreme Court refuses to expand the tort of retaliatory discharge to include claims for constructive discharge, retaliatory demotion, or other adverse employment actions short of an actual discharge. Illinois requires that the employer communicate that the employee has been involuntarily terminated. The Illinois Supreme Court has held:

There are no magic words required to discharge an employee: an employer cannot escape responsibility for an improper discharge simply because he did not utter the words “you’re fired.” So long as the employer’s message that the employer has been involuntarily terminated is clearly and unequivocally communicated to the employee, there is an actual discharge, regardless of the form such discharge takes.
Hinthorn v. Roland’s of Bloomington, Inc., 119 Ill.2d 526, 531 (1988)

There must be an actual discharge for the tort of retaliatory discharge to apply. An employee cannot have a claim for retaliatory discharge if he/she voluntarily quits.

WRONGFUL TERMINATION CLAIMS FOR WHISTLEBLOWING.

Illinois recognizes a tort claim for retaliatory discharge when an employer fire an employee for reporting violations of criminal law or violations of health and safety laws or regulations to their supervisors or governmental authorities. An aggrieved employee must generally prove the following:

He/she has been discharged;
In retaliation for his/her protected activities;
and the discharge violates a clear mandate of public policy.

There is no precise definition of the term “clearly mandated public policy.” The Illinois Supreme Court has held as follows:

There is no precise definition of the term. In general, it can be said that public policy concerns what is right and just and what affects the citizens of the State collectively. It is said to be found in the State’s constitution and statutes and when they are silent, in its judicial decisions.
Palmateer v. International Harvester Co., 85 Ill.2d 124, 130 (1981).

Illinois wrongful termination — Getting terminated in retaliation for reporting violations of Illinois or federal law to your supervisor or Human Resources may prove you were wrongfully terminated in violation of Illinois or federal law.

In Illinois, Courts have allowed retaliatory discharge claims against employers in the following circumstances:

When an employer discharges an employee for reporting violations of criminal law to management or governmental authorities;
When an employer discharges an employee for reporting incidents of workplace violence to management or law enforcement;
When an employer discharges an employee for reporting sale of food past the expiration date in violation of the Food, Drug, and Cosmetic Act. Federal whistleblower claims under FDA Food Modernization Act, (FSMA) 21 U.S.C. §399d;
When an employer discharges an employee for reporting Medicare fraud to management or governmental authorities;
When an employer discharges an employee for reporting OSHA safety violations to management or governmental authorities;
When an employer discharges an employee for reporting health code violations to management or governmental authorities;
When an employer discharges an employee for reporting abuse or neglect of nursing home residents to management or the Illinois Department of Public Health;
When an employer discharges an employee for reporting child abuse to management or law enforcement;
When an employer discharges an employee for reporting elder abuse to management or governmental authorities;
When an employer discharges an employee for reporting violations of the Nursing Home Care Act to management or the Illinois Department of Public Health;
When an employer discharges an employee for reporting violations pertaining to proper food storage to management or governmental authorities;
When an employee alleges he was fired for storing his handguns and ammunition in his vehicle while parked in his employer’s parking lot. The court held that the employee was permitted to bring a retaliatory discharge claim under a clearly mandated public policy in Section 65(b) of the Firearm Concealed Carry Action, 431 ILCS 66/1, et seq. See Levine v. UL LLC, 2023 Ill. App. 221845 (1st Dist. Jun. 30, 2023).
Participating in jury duty.
The Fair Labor Standards Act (FLSA), 29 U.S.C. 215(a)(3) makes it unlawful for an employer to discharge or retaliate against an employee who clearly and objectively invokes his/her rights under the FLSA to be paid minimum wages or overtime;
The Illinois Wage Payment and Collection Act (IWPCA), 115/14(c) makes it unlawful for an employer to discharge or retaliate against an employee over a wage dispute as to the amount of wages earned.
Persons employed by the State of Illinois have broad remedies for wrongful termination under the Ethics Act Whistleblower Protection provisions.

Retaliatory discharge claims may provide Illinois employees with coronavirus anti-retaliation protections.

The statute of limitations for the tort of retaliatory discharge for whistleblowing requires an employee to file a lawsuit against his/her employer within five years from the date of the discharge. However, if the employer is a county, municipality, village, or other local governmental entity, the statute of limitations requires the employee to file a lawsuit against his/her employer within one year of the discharge.

If you believe you were terminated for whistleblowing activity or otherwise reporting violations of criminal laws, workplace violence, or violations of health or safety laws or regulations, contact BRIAN J GRABER LLC, an Illinois wrongful termination lawyer at (312) 291-4648, or by email to schedule a free confidential consultation.

RETALIATORY DISCHARGE FOR REFUSING TO ENGAGE IN UNLAWFUL CONDUCT.

An employee may have a tort claim for retaliatory discharge if he/she refuses an employer’s demand to engage in conduct that violates the law. Illinois courts have recognized tort claims for retaliatory discharge for employees who have been discharged by their employer for refusing to engage in unlawful conduct for their employers in the following situations:

When an employer discharges an employee for refusing to provide perjured testimony on behalf of the employer;
When an employer discharges an employee for refusing to commit securities fraud on behalf of the employer;
When an employer discharged a truck driver for refusing to work with an intoxicated co-worker;
When an employer discharged an employee for refusing to commit tax fraud on behalf of the employer;
When an employer discharged a bartender for refusing to violate Illinois law by selling liquor to an intoxicated customer.

The tort of retaliatory discharge is a broad exception to the employment-at-will doctrine because an employee’s legitimate refusal to follow an employer’s instructions to violate Illinois or Federal law could result in a viable wrongful termination claim. An employee suffering retaliation for refusing to violate Illinois or federal laws or regulations likely has a claim under the Illinois Whistleblower Act.

The wrongful termination statute of limitations for the tort of retaliatory discharge for refusing an employer’s instructions to violate Illinois or Federal law requires the employee to file a lawsuit against his/her employer within five years of the date of the discharge. However, if the employer is a county, municipality, village, or other local governmental entity, the statute of limitations requires the employee to file a lawsuit against his/her governmental employer within one year of the discharge.

If you believe that you were wrongfully terminated for refusing your employer’s instructions to violate Illinois or Federal law, contact BRIAN J GRABER LLC, an Illinois wrongful termination lawyer at (312) 291-4648, or by email to schedule a free confidential consultation.

Federal Wrongful Termination Claims

Illinois employees may have wrongful termination claims if they are terminated by their employer in violation of certain federal wrongful termination laws. Illinois employees may have the following protections from wrongful termination in violation of the following federal laws:

If you believe that you were wrongfully terminated in violation of your rights under federal law, contact BRIAN J GRABER LLC, an Illinois wrongful termination lawyer at (312) 291-4648, or by email to schedule a free confidential consultation.

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Illinois Wrongful Termination

WRONGFUL TERMINATION CLAIMS FOR WHISTLEBLOWING.

RETALIATORY DISCHARGE FOR REFUSING TO ENGAGE IN UNLAWFUL CONDUCT.

Federal Wrongful Termination Claims