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Understanding the Limitations and Exclusions to Employment at Will in Illinois

Posted on in Business Law

Arlington Heights employment law attorneys, employment at willIllinois is an employment at will state. That means employers do not have to provide a reason for termination to their employees. However, there are important limitations and exclusions that employers should know about before they terminate an employee. The following information explains the laws and provisions, and where employers can find help with ensuring they are compliant with Illinois state law.

Discrimination and Termination

Employers cannot terminate an employee for reasons related to race, color, marital status, physical or mental disability, gender, religion, ancestry, citizenship status, national origin, age, or military status. So, although they do not need an official reason to terminate an employee, it is usually preferred that employers do have documentation to back up their reason. This can provide protection in the event of a discrimination lawsuit.

Work Injuries and Termination

Due to workers’ compensation protections, employers cannot terminate an employee because they have experienced a work injury. That does not mean you cannot discipline an employee for violating health or safety rules. Unfortunately, there are serious risks involved with doing so. It could be considered retaliation against the employee, or as a method to deter him or her, or other employees, from filing claims. Before disciplining an employee after a work injury, contact an experienced attorney for advice.

Whistleblower Protections and Termination

The law also protects whistleblowers who contact health agencies, safety agencies, or government agencies about violations within the workplace. This law is in place to try and improve safety within the workplace. Unfortunately, that is not always the way things work. Sometimes, employees attempt to make frivolous or erroneous claims that cost your business time and money. For assistance on dealing with such situations, contact an experienced employment law attorney.

Employment Contracts and Termination

While most employers are not required to negotiate a contract with their employees, some choose to so they can prevent the sharing of trade secrets or sensitive company information. If the contract between the employer and the employee covers a duration of employment, the employer is then bound by that contract. Before drafting your employment contracts, speak with a business law attorney for guidance and assistance.

Contact Our Arlington Heights Employment Law Attorneys

At A. Traub & Associates, we understand the confusion and complexities that small businesses can face when terminating an employee. Dedicated to protecting your company, we can guide you through the termination process, ensure you are compliant with state and federal laws, and reduce your risk of a lawsuit or wrongful termination claim. Schedule your consultation with our Arlington Heights employment law attorneys to learn more. Call 847-749-4182 today.

Sources:

https://www.illinois.gov/idol/FAQs/Pages/default.aspx

http://www.managing-osha.com/articles/disciplining-injured-employee-violating-safety-rule

Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association American Inns of Court DuPage Association of Woman Lawyers National Association of Woman Business Owners Illinois Association Criminal Defense Lawyers DuPage County Criminal Defense Lawyers Association
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