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Guide to the Litigation of Employment Cases
What is not illegal
Most states, Illinois included, follow the "Employment-at-Will Doctrine." That means that an employer can terminate an employee for any reason or no reason at all, so long as the employer does not act for an illegal reason, such as age, sex, race, disability, etc.
It almost always makes sense to at least consult an employment attorney if you believe you have been discharged from employment improperly. However, the following are generally considered to be lawful (not illegal) in the state of Illinois:
- Terminations for absenteeism, even where the employee
is truly ill or injured. Exceptions are where you are covered by the Family
and Medical Leave Act or where a reasonable amount of absenteeism would
be viewed as an accommodation for your disability.
- Rude and abusive treatment by a supervisor, unless that treatment
is linked to sex, age, race, or some other protected factor.
- Unfair treatment, such as unrealistic expectations, heavy workloads,
and favoritism (again, unless it can be linked to discrimination along
sexual, racial, or other protected lines).
- Terminations or discipline for suspected theft or wrongdoing, even
where the employer is mistaken.
- Terminations where an employer has not followed steps outlined in its
handbook or other writing (unless the handbook or writing specifies
that such steps are mandatory and binding on the company).
- The failure of an employer to provide a good reason for a termination or other adverse employment action is not illegal.
In addition, except for cases alleging retaliation, employees generally
cannot sue for adverse actions less than termination, demotion, failure
to hire or failure to promote, or harassment rising to very substantial
levels. Actions such as undesirable job assignments, negative performance
appraisals, "write-ups", inadequate office or facilities, and
rude treatment generally may not be pursued in court, except on grounds of retaliation.
Please note: Statements contained within this Web site consist of generalizations
to which exceptions may exist depending upon the details of a
particular situation. As such, information on this Web site should not
be regarded as legal advice, and is not a substitute for a consultation
with an experienced employment lawyer.
©2002 Chicago-Kent College of Law, Illiniois Institute of Technology
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