What kinds of cases are eligible for wrongful termination lawsuits?
In Illinois, wrongful termination lawsuits may arise when an employee is fired in violation of an employment contract or when employers act in violation of a public policy or state or federal law. In cases involving employment contracts, employers must abide by the terms of the contract when terminating an employee. This means they must follow any conditions outlined in the contract or risk facing a wrongful termination lawsuit. For example, if an employee is promised job security and they are fired without any cause, the employer may be found to be in breach of contract. Similarly, employers must adhere to public policy, such as not terminating employees based on physical or mental disability, race, gender, age, religion, national origin, marital status, or military service. Employers may also be found liable for wrongful termination if they retaliate against an employee who has filed a discrimination complaint, given testimony in a discrimination lawsuit, or participated in any other protected activities. Finally, employers must comply with state and federal laws when terminating an employee. For example, employers must provide certain statutorily required benefits, such as Family and Medical Leave Act (FMLA) benefits, or may be found liable for wrongful termination. Wrongful termination cases can be complicated and an employee should consult a knowledgeable attorney to ensure their rights are protected.
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