Can I sue for wrongful termination in Illinois?
1. At-Will Default
Illinois follows at-will employment subject to robust exceptions.
2. Public Policy Exception
Kelsay v. Motorola, Inc., 384 N.E.2d 353 (Ill. 1978), recognized a retaliatory-discharge tort for firing an employee for filing a workers' comp claim. Palmateer v. International Harvester Co., 421 N.E.2d 876 (Ill. 1981), extended the tort to firings for reporting criminal activity. Public policy must be clearly mandated by constitution, statute, or judicial decision.
3. Implied Contract
Duldulao v. Saint Mary of Nazareth Hospital, 505 N.E.2d 314 (Ill. 1987), recognized handbook-based implied contracts when language is clear, disseminated, and accepted by continued employment.
4. Implied Covenant of Good Faith
Not recognized for at-will employment (Mitchell v. Jewel Food Stores, 568 N.E.2d 827 (Ill. 1990)).
5. Statutory Discrimination Claims
Illinois Human Rights Act (IHRA), 775 ILCS 5/, covers race, sex, age (40+), disability, sexual orientation, gender identity, marital status, arrest/conviction record (with limits), and more. Enforced by Illinois Department of Human Rights (IDHR); charge within 300 days. EEOC within 300 days.
6. Retaliation Statutes
Illinois Whistleblower Act, 740 ILCS 174/ — protects disclosures of illegal activity to government and refusals to participate. Workers' Comp Act § 4(h). One Day Rest in Seven Act retaliation.
7. WARN Act
Illinois WARN, 820 ILCS 65/ — 60 days' notice; 75+ full-time employees (lower threshold than federal 100).
8. Damages
Retaliatory discharge tort: back pay, compensatory, punitive (Kelsay). IHRA: back pay, front pay, compensatory, attorney's fees, no punitive. Whistleblower Act: back pay, reinstatement, attorney's fees.
9. Statute of Limitations
Retaliatory discharge tort: 5 years (735 ILCS 5/13-205); IHRA charge: 300 days; Whistleblower: 5 years; written contract: 10 years.
This is legal information, not legal advice.
- You were fired after filing a workers' compensation claim (classic Kelsay claim)
- You reported suspected criminal activity to law enforcement or a regulatory agency
- You faced discrimination or harassment in a workplace covered by IHRA
- 775 ILCS 5/ (IHRA)
- 740 ILCS 174/ (Whistleblower Act)
- 820 ILCS 65/ (IL WARN)
- Kelsay v. Motorola, 384 N.E.2d 353 (Ill. 1978)
- Palmateer v. Int'l Harvester, 421 N.E.2d 876 (Ill. 1981)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.