Losing a job can be devastating, especially when the termination feels unfair or illegal. While Illinois is an at-will employment state, meaning employers can generally fire employees for any reason or no reason at all, there are important exceptions under Illinois, Chicago, and Cook County laws that protect workers from wrongful termination.
If you believe you were fired for illegal reasons, this guide explains what counts as wrongful termination, your rights as an employee, and how to take legal action.
What Is Wrongful Termination?
Wrongful termination occurs when an employer fires an employee in violation of state, federal, or local employment laws. This can happen if an employee is fired for:
- Discrimination based on race, gender, religion, age, disability, sexual orientation, or other protected characteristics.
- Retaliation for reporting workplace violations, harassment, or unsafe working conditions.
- Exercising legal rights, such as taking medical leave or filing a workers’ compensation claim.
- Breach of contract if an employment agreement was violated.
If your termination falls into one of these categories, you may have a wrongful termination claim under Illinois law.
Illegal Reasons for Termination in Illinois
Although Illinois is an at-will state, employees are protected from illegal firings under several laws, including the Illinois Human Rights Act, the Chicago Human Rights Ordinance, and Cook County employment laws.
1. Discrimination-Based Termination
Employers cannot fire you based on:
- Race, color, national origin
- Sex, gender identity, sexual orientation
- Age (40 and older)
- Disability
- Religion
- Marital status
- Military status
- Pregnancy
- Citizenship status
Legal Protections:
- Illinois Human Rights Act (IHRA) – Covers employers with one or more employees and prohibits discrimination-based firings.
- Chicago Human Rights Ordinance – Offers additional protections for employees within Chicago city limits.
- Cook County Human Rights Ordinance – Extends anti-discrimination protections across all of Cook County.
Example:
A restaurant fires a pregnant employee after she requests time off for prenatal appointments. This could be illegal pregnancy discrimination under Illinois and Chicago law.
2. Retaliation for Reporting Workplace Violations
Employers cannot fire workers for reporting:
- Discrimination or harassment (sexual, racial, religious, etc.)
- Unsafe working conditions (OSHA violations)
- Wage theft or unpaid overtime
- Workers’ compensation claims
- Whistleblowing on illegal company activities
Legal Protections:
- Illinois Whistleblower Act – Protects employees who report fraud, safety violations, or illegal activity.
- Chicago and Cook County Human Rights Ordinances – Protect employees who report discrimination or harassment.
Example:
A construction worker reports unsafe scaffolding at a job site to OSHA, and the employer fires him a week later. This could be illegal retaliation under state and federal law.
3. Violating an Employment Contract
If you have a written employment contract, your employer must follow its terms when terminating you.
- Breach of contract occurs if your employer fires you without cause when the contract requires specific reasons for termination.
- Even implied contracts, such as employee handbooks or verbal agreements, may be enforceable.
Example:
A company hires a marketing director on a two-year contract but fires them after six months without cause. If the contract requires a valid reason for termination, the employee may have a wrongful termination claim.
4. Termination for Taking Protected Leave
Illinois employees are protected when taking legally mandated leave, including:
- Family and Medical Leave Act (FMLA) – Provides unpaid job-protected leave for medical or family emergencies.
- Illinois Paid Leave for All Workers Act (effective 2024) – Requires employers to provide paid leave for any reason.
- Cook County Earned Sick Leave Ordinance – Requires paid sick leave for covered employees.
Example:
A retail worker requests FMLA leave to care for a sick parent and is fired two weeks later. This could be illegal retaliation for exercising their rights.
What to Do If You Were Wrongfully Terminated
If you believe you were fired illegally, take these steps to protect your rights and build a strong case.
1. Gather Evidence
- Termination letter or emails from your employer.
- Performance reviews showing good work history.
- Witness statements from coworkers.
- HR complaints or reports you filed before termination.
2. File a Complaint
You can file a wrongful termination complaint with:
- Illinois Department of Human Rights (IDHR) – Handles discrimination and retaliation claims. Deadline: 300 days from termination.
- Equal Employment Opportunity Commission (EEOC) – Handles federal discrimination claims. Deadline: 300 days from termination.
- Chicago Commission on Human Relations (CCHR) – Handles complaints for workers within Chicago. Deadline: 180 days from termination.
- Cook County Commission on Human Rights – Covers discrimination cases in unincorporated Cook County.
3. Consider Filing a Lawsuit
If government agencies do not resolve your claim, you may have the right to sue your employer in state or federal court. A wrongful termination lawsuit can help you recover:
- Lost wages and benefits
- Emotional distress damages
- Reinstatement to your job
- Punitive damages (if the employer’s actions were extreme)
Get Legal Help for Wrongful Termination
Wrongful termination cases can be complex, and employers often have legal teams defending their actions. Having an experienced attorney can make a huge difference in getting justice and compensation.
At Justice Legal Counsel, we help employees in Illinois, Chicago, and Cook County fight back against wrongful termination. If you were fired illegally, contact us today for a consultation to discuss your legal options.