Links:
Guide to the Litigation of Employment Cases
Severance Agreements and/or Age Discrimination
Employers typically provide to employees at the time of
termination or lay-off a written severance agreement that asks the employee
to release all claims against the employer in exchange for some amount
of severance pay or other benefits such as outplacement services, continuation
of health insurance benefits, etc. Even though such severance agreements
generally require that the employee give up all rights to sue the employer
for discrimination or wrongful discharge, they can still be a sensible
way to resolve an employment dispute.
If you are over age 40, the release must include language suggesting that
you consult an employment attorney and must allow you at least 21 days
to consider the offer plus an additional 7 days after you sign such a
release to revoke it. If you are over age 40 and laid-off as part of a
reduction-in-force or downsizing, your employer must also provide you
with a list of all employees included in the reduction, as well as their
job titles and ages.
If you have been offered such a severance agreement,
please fill out the Severance
Form.
Sexual, Racial, or Ethnic Harassment in the Workplace or
Workplace Defamation
Harassment based upon sex, race, national origin, or
any other prohibited ground is illegal. Generally, the courts require
that prior to bringing a claim for workplace harassment, an employee must
first report the offensive conduct to management and give the employer
a chance to correct it. Further, the courts generally require a very high
level of harassment directly related to sex, race, national origin, or
some other protected ground before a suit may be successful.
Workplace defamation, although a difficult claim to sustain, is possible
in some circumstances. Generally, employers have what the courts call
a "qualified privilege" to criticize an employee's work or to
make negative statements about the employee. Plaintiffs in workplace defamation
suits must prove that the statements made or written by the employer were
intentionally untrue or made with reckless disregard for their truth.
If your case involves
harassment or defamation, please fill out the Harassment
Form.
Other Discrimination or Wrongful Discharge
Despite the prevalence of the "Employment-at-Will Doctrine",
there are a wide variety of possible employment discrimination and wrongful
discharge theories upon which suits can be based. These include:
Title VII, the Age Discrimination in Employment Act ("ADEA"), and the Americans With Disabilities Act ("ADA") also outlaw retaliating against employees who have filed a charge of discrimination or who have vocalized to management their belief that the employer has been discriminating.
In addition to discrimination claims, it is possible in
Illinois and in many other states to bring claims challenging terminations
on the basis that the employer has retaliated against the employee for
filing a workers compensation claim or has opposed a practice affecting
the safety and welfare of the general public. In addition, public employees
have some Constitutional rights, such as the rights to equal protection
of the law and to due process of law.
If your case involves other
discrimination or wrongful discharge, please fill out the
Discrimination Form.
Please note: Professor Gonzalez does not
handle workers compensation law (claims for physical workplace injuries)
nor cases directed against federal government agencies or labor unions.
©2002 Chicago-Kent College of Law, Illiniois Institute of Technology
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Tel 312.906.5079; Fax 312.906.5299
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