Ever since this village was a whistle stop on the Chicago and Northwestern Railway, the people of Palatine have always been independent. Yet they do not hesitate to ask for help or go to court when their legal rights need protection. If you recently lost your job, even if the employer claimed it had a good reason for doing so, a Palatine wrongful termination attorney should probably evaluate your situation. Even though Illinois is an at-will employment state, you might have important legal rights.
At the Law Office of Mitchell Kline, our Palatine wrongful termination attorneys quickly evaluate your situation and apprise you of your legal rights. Then, if necessary, we fight for your rights in court. Other attorneys are intimidated by large employers, so they look for the easy way out. Our professional team does not accept anything less than the best possible result under the circumstances.
Any applicant or employee is subject to adverse action, such as refusal to hire or termination, at any time. If the worker belonged to a protected class, the employer must explain the reason for its decision in court. If it cannot offer an adequate explanation, the termination was wrongful under federal law. Some protected classes include:
If the employee was in a protected class, the wrongful termination could be direct or indirect. Almost every Palatine worker is in at least one protected class.
Direct discrimination, or disparate treatment discrimination, is illegally singling out individuals. Some employers do not like some people groups, so they look for excuses to terminate these individuals. Indirect discrimination, or disparate impact discrimination, is a neutral policy that disproportionately affects some people. For example, a no-hat rule adversely affects some religious groups.
Just like the law protects vulnerable workers from wrongful termination, it also protects certain activities.
Unions are among the most polarizing groups of workers. Some employers loathe them, and many employees love them. As a result, any union-related activity is a protected activity. That includes things like joining a union, advocating for a union, and discussing work conditions, such as compensation, with fellow workers. In many cases, it’s legal to use company email to do these things.
Whistleblowers also receive special protection. Employers cannot fire people because they report misconduct. They also cannot take adverse action against such people, like demoting them or refusing to give them good references.
Most sexual harassment-related matters are also protected activities. These activities include reporting harassment, cooperating with an investigation, and encouraging another victim to come forward.
In both protected class and protected activity claims, employees must make a prima facie wrongful termination claim. Then, the employer must provide an excuse that withstands scrutiny from a Palatine wrongful termination attorney.
Employers have great latitude when it comes to terminating people, but they can only go so far. For a free consultation with an experienced Palatine wrongful termination lawyer, contact the Law Office of Mitchell A. Kline.