Brian J Graber LLC, represents employees in wrongful discharge or retaliation claims for reporting workplace violence. Illinois recognizes a tort claim for retaliatory discharge for employees who have been discharged for reporting incidents of workplace violence to management or law enforcement authorities. See Dauost v. Abbott Labs., 2007 U.S. Dist. LEXIS 2138 at *13 (N.D. Ill. Jan. 11, 2007) (recognizing a retaliatory discharge claim when an employer terminated an employee for reporting physically threatening behavior of a subordinate employee). An employee who reports workplace violence consisting of a co-worker’s or customer’s battery, assault, intimidation, threats of physical violence, or other disorderly conduct in the workplace to his/her employer has engaged in protected activity.
Reporting workplace violence to your employer is protected activity for the purposes of a retaliatory discharge claim. An employer who terminates an employee for reporting workplace violence may be subject to a wrongful discharge claim.
In Illinois, employees who internally report workplace violence to management have engaged in protected activity for the purposes of a retaliatory discharge claim. Employees who report workplace violence to law enforcement have engaged in protected activity for the purposes of a retaliatory discharge claim and the Illinois Whistleblower Act, 740 ILCS 174/15(b).
An employer who discharges an employee for internally reporting workplace violence may be liable for the tort of retaliatory discharge. An employer who discharges an employee for reporting workplace violence to a law enforcement agency may be liable for the tort of retaliatory discharge and a violation of the Illinois Whistleblower Act, 740 ILCS 174/15(b). The Illinois Whistleblower Act provides broader protection to employees who suffer retaliation short of actual termination for reporting workplace violence to law enforcement.
An employee who is employed by a municipality, county, village, or other governmental agency who reports workplace violence to his or her supervisor employed by a governmental agency may have engaged in protected activity under the Illinois Whistleblower Act, 740 ILCS 174/15(b) because it covers disclosure of information to a “governmental or law enforcement agency.”
If your employer terminated your employment for reporting workplace violence, contact Brian J Graber LLC, at (312) 291-4648 for a free consultation.
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