In Illinois, employers generally have the right to fire employees for almost any reason, including a felony conviction. However, there are legal protections that may apply depending on the circumstances, the nature of the conviction, and the type of job. If you were fired or denied employment because of a past felony, you may have legal options to challenge the decision.
Illinois Laws on Employment and Felony Convictions
Illinois is an at-will employment state, meaning an employer can fire an employee for any reason as long as it is not discriminatory or in violation of state or federal law. However, certain laws limit how and when an employer can consider a felony conviction in employment decisions.
The Illinois Human Rights Act (775 ILCS 5/2-103) makes it illegal for private employers to automatically disqualify job applicants based solely on a criminal record, unless there is a direct relationship between the conviction and the job. Employers must conduct an individualized assessment considering factors such as the nature of the offense, how much time has passed, and whether the conviction is relevant to the job duties.
The Illinois Employee Background Fairness Act (Public Act 101-656) further restricts an employer’s ability to use a conviction as a reason for firing or refusing to hire someone. If an employer takes action based on a felony conviction, they must notify the employee in writing, give them an opportunity to respond, and explain the final decision in writing.
When Can an Employer Fire You for a Felony Conviction?
An employer can fire or refuse to hire someone based on a felony conviction if:
- The conviction is directly related to the job. For example, a bank can deny employment to someone convicted of financial fraud, or a childcare provider can refuse to hire someone convicted of child abuse.
- The conviction affects professional licensing requirements. Many professional licenses in Illinois, such as those for healthcare workers and security guards, have restrictions related to criminal records.
- The employer follows the required legal steps, including providing notice and allowing the employee to respond.
When Is It Illegal to Fire Someone for a Felony Conviction?
It may be illegal for an employer to fire someone based on a felony conviction if:
- The employer has a blanket policy of firing anyone with a felony, without considering the specifics of the case.
- The firing disproportionately impacts individuals of a certain race or background, which could lead to a discrimination claim under federal or state laws.
- The employer does not follow Illinois’ requirements for assessing convictions and giving the employee an opportunity to respond.
What to Do If You Were Fired for a Felony Conviction
If you were fired because of a past felony, take these steps to determine if you have a legal claim:
- Request a written explanation from your employer about why you were terminated.
- Review Illinois laws to see if the employer followed the correct procedures in evaluating your conviction.
- Gather evidence such as emails, termination letters, or witness statements to determine whether the firing was unfair or discriminatory.
- Consider legal action if the employer violated Illinois laws on criminal records in employment decisions.
Justice Legal Counsel Can Help
If you believe you were wrongfully fired due to a past felony, Justice Legal Counsel can help you understand your rights and explore your legal options. Contact us today for a confidential consultation to determine if you have a case.