Chicago is an epicenter for business and commerce. The city offers a variety of opportunities for entrepreneurs, start-ups, and established companies to succeed and grow. As exciting as the city can be for businesses, the working class of Chicago faces challenges that can be difficult to navigate alone. One of these challenges is wrongful termination.

Wrongful termination is when an employee is terminated from their job for reasons that do not comply with state or federal laws. It is important to understand that an employer can still terminate an employee for a valid reason, such as misconduct or poor performance, but it must be done in accordance with the law.

If an employee believes that they have been wrongfully terminated, they may want to consider hiring a Chicago workers’ compensation lawyer. A lawyer can help their client understand their rights, and build a case to prove the wrongful termination. They can also work to negotiate a settlement with the employer or take the case to court. Though wrongful termination isn’t the main branch of workers’ compensation, it is still a determining factor in employee rights.

Fired For Retaliation

Retaliation as it relates to wrongful termination is when an employee is fired in response to the employee exercising their lawful rights. There are multiple situations in which this can occur.

Termination Due To Complaining Of Unlawful Behavior

Employees have the right to report unlawful behavior in the workplace. Unfortunately, sometimes employees are retaliated against for doing so. When this happens, it is considered wrongful termination. An employer cannot fire an employee for reporting behavior that violates state or federal law, such as discrimination or workplace harassment.

Termination In Response To Refusing To Perform An Illegal Action

It is also illegal for an employer to fire an employee for refusing to perform an illegal act. This includes situations in which the employee has a legal right to refuse to do something, such as violating a safety regulation. If an employee is terminated in response to refusing to commit an illegal act, they may have a case against their employer.

For example, if you work at a corporate bank, and your supervisor asks you to open a fraudulent account, you have the legal right to refuse. If your supervisor fires you for refusing to open the account, that would be considered retaliation.

Termination In Response To Filing A Discrimination Complaint

Discrimination in the workplace is a serious issue and is illegal under both state and federal laws. Discrimination can take many forms, including race, gender, age, religion, sexual orientation, or disability. It’s important to note that it’s not only illegal to discriminate against an employee but also to retaliate against an employee for filing a discrimination complaint. Retaliation can include termination, demotion, or other forms of adverse action. It is illegal for employers to create a hostile work environment for an employee on the basis of their protected status. An employer can be liable for discrimination if they are found to have treated an employee differently because of their protected status.

Termination In Response To Taking Medical Leave

Employers are prohibited from retaliating against employees who take medical leave. This includes terminating an employee for taking a leave of absence for a medical condition or disability. Employers must also provide accommodations for workers with disabilities.

Termination In Response To Reporting Unsafe Working Conditions

Unsafe working conditions can be defined as any environment or situation that could potentially cause harm to employees or customers. This includes physical hazards such as slippery floors or sharp objects, lack of proper safety equipment and inadequate training, hazardous materials, or any other threats to health and safety. Unsafe working conditions can also include conditions that cause psychological harm such as overwork, harassment, or discrimination. Employees have the right to report any unsafe working conditions without fear of retribution.

Termination In Response To Reporting Sexual Misconduct

Sexual misconduct in the workplace can take many forms, ranging from blatant harassment to subtle inappropriate comments or behavior. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal, physical, or visual conduct of a sexual nature. This can include physical touching, sexual jokes, comments about someone’s physical appearance, and displaying inappropriate images. Sexual misconduct can also include gender discrimination and sexual orientation discrimination.

Retaliation for reporting sexual misconduct is also illegal. This includes firing, demoting, or otherwise punishing an employee for reporting sexual misconduct or for participating in an investigation into such behavior.

Sexual assault is another form of sexual misconduct that can occur in the workplace. This includes any non-consensual sexual contact or attempted contact, such as rape, attempted rape, or forced sexual acts. Sexual assault is against the law and is a serious crime.

Quid pro quo sexual harassment is another form of sexual misconduct in the workplace. This occurs when an employee is asked to provide sexual favors in exchange for something, such as a promotion or raise. Quid pro quo sexual harassment is illegal and can have serious consequences for the employer if they are found to be in violation of the law.

Lawsuits, Unemployment, And Severance Packages

Lawsuits can be a costly and time-consuming endeavor and can often interfere with an employee’s ability to receive unemployment benefits or a severance package. In some cases, an employee may file a lawsuit against their former employer for wrongful termination or discrimination and choose to seek a settlement rather than pursue the lawsuit. If the employee is successful in the lawsuit and receives a settlement, the money received may be considered wages and thus be subject to state and federal taxes. This can reduce the amount of money that is available to the employee for unemployment or a severance package.

The employer may choose to withhold the employee’s severance package until the lawsuit is resolved. This can be especially problematic if the employee is relying on the severance package to pay for their living expenses while they are unemployed.

If an employee chooses to pursue a lawsuit against their former employer, the employer may try to use the lawsuit as grounds for denying the employee unemployment benefits. The employer may argue that the employee is not eligible for benefits due to their refusal to accept a severance package or the fact that they are pursuing a lawsuit. In such cases, the employee may need to demonstrate that their lawsuit is in good faith and that they have a valid claim against their former employer. All of these factors need to be taken into consideration when filing a claim.

If you’ve been wrongly terminated from your job and want to sue your employer, consider hiring an employment attorney who can help you collect damages.

• SEO Powered Content & PR Distribution. Get Amplified Today.
• Platoblockchain. Web3 Metaverse Intelligence. Knowledge Amplified. Access Here.
• Source: Plato Data Intelligence: PlatoData.io