What does one generally do to file a wrongful termination suit in an at-will place of employment?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What does one generally do to file a wrongful termination suit in an at-will place of employment?

Asked on October 20, 2015 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You are assuming your termination would be wrongful it would most likely not be, however. If you have a written employment contract and the employer violates it e.g. fires you when, under the terms of the contract, they may not, then you could sue for breach of contract in any county court. Or if you are discriminated against or harassed because of a specifically protected characteristric, the main ones of which are race, sex, religion, age over 40, or disability, you may have an employment discrimination lawsuit, which you could bring a complaint to the federal EEOC or the state equal/civil rights agency. But note this doesn't mean, for example, that a 50-year old African American Muslim disabled woman couldn't be fired--just that she can't be fried because she is 50, African American disabled, Muslim, etc. She can be fired for any other reason, including performance or a personality conflict with her boss.
Other than the above, at-will employment means you could be fired at any time, for any reason, and so termination would not be wrongful. Or your employer could simply make your work environment/job awful and hope you will quit--that is legal, too.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption