It surprises many people to learn that the vast majority of employment in Illinois is “at will.”  Typically, if you do not have an employment contract detailing a finite term of employment, you are an at-will employee. 

Being “at-will” means that either the employer or the employee may terminate the employment relationship at any time, for any reason or for no reason at all.  However, the employer may not terminate an employee if the employer’s reason for doing so is barred by state or federal law.

Many of the federal laws that govern workplace discrimination, including unlawful termination, are enforced by the Equal Employment Opportunity Commission (“EEOC”).  The EEOC enforces, among other federal laws, Title VII of the Civil Rights Act of 1964 (“Title VII”), the Age Discrimination in Employment Act (“ADEA”), and Title I of the Americans with Disabilities Act of 1990 (“ADA”).  Title VII prohibits employers from engaging in any adverse action against an employee on the basis of race, color, religion, sex, or national origin.  The ADEA prohibits employers from altering the terms, conditions, or privileges of an individual’s employment on the basis of age.  Both Title VII and the ADEA contain provisions prohibiting retaliatory action against an employee who opposes practices made unlawful by the respective statutes.  The ADA prohibits employers from discriminating against qualified individuals with disabilities. 

Termination may also be unlawful if it is contravenes the provisions of the Family and Medical Leave Act, Section 1981, the Sarbanes-Oxley Act, the Illinois Whistleblowers Act, or other anti-retaliation provisions.

If you have questions about whether you have been subjected to an unlawful termination, contact Caffarelli & Siegel Ltd. to speak to a Chicago Employment lawyer.