Illinois follows the at-will employment doctrine, meaning employers can terminate employees for any reason or no reason at all, as long as it’s not illegal. However, significant exceptions exist that protect workers from wrongful termination. You cannot be fired for discriminatory reasons, exercising legal rights like filing workers’ compensation claims, or refusing to break the law.
Employment & Labor Law
Chicago Employment & Labor Law Attorney
As a working person, the labor laws of the United States and Illinois impact your life every day. The amount of money you are paid, the safety and conduct regulations in place at your workplace, the rights you and your colleagues have to organize and take action when you feel you are not being treated fairly, and even the information you can and cannot be required to disclose in the workplace are all influenced and sometimes, the direct result of specific state and federal laws.
Employment and labor laws exist to keep you and all other working Americans safe, healthy, and in a position to earn a sufficient living while advancing in your career.
Employment and Labor Case Types
Employment and labor law is a broad area of law. We handle these types of cases:
- Sexual harassment claims;
- Discrimination claims;
- Workers’ compensation claims
It is possible for more than one of these issues to be present in a case, such as an individual who was wrongfully terminated as an act of retaliation after filing a sexual harassment claim.
Employee’s Rights and Employer Rights
Labor and employment laws exist to protect employees’ rights and, in some cases, employers’ rights as well. Often, discussions about these laws focus solely on employee rights, but it is important to recognize that employers do have rights as well. These include:
- The right to terminate an employee for any legal reason without prior notice;
- The right to require drug tests for employees who have been in drug treatment programs; and
- The right to replace employees who have gone on strike.
Employees also have numerous workplace rights, including, but not limited to:
- The right to a workplace free from discrimination, provided by Title VII of the Civil Rights Act of 1964;
- The right to take up to 12 weeks of unpaid leave for family health and medical needs and return to the same or a reasonably similar position once the leave is complete, as guaranteed by the Family and Medical Leave Act of 1993;
- The right to seek reasonable accommodations to the workplace that permit them to complete work tasks despite their disabilities, provided by the Americans with Disabilities Act of 1990; and
- The right to earn at least the federal minimum wage for up to 40 hours of labor each workweek and one and one-half times one’s standard pay rate for any hours beyond that point, guaranteed by the Fair Labor Standards Act of 1938.
Work with an Experienced Chicago Employment and Labor Lawyer
As an employee, you have certain rights in the workplace. If you feel your rights have been violated, contact an experienced employment lawyer as soon as you can to determine your legal options and the most effective way to pursue them. To get started, schedule your initial consultation with The Law Office of Mitchell A. Kline today.
FAQs About Employment Law in Illinois
What is at-will employment in Illinois?
When should I hire an employment attorney?
You should consult an employment attorney immediately when facing discrimination, harassment, wrongful termination, or retaliation. Don’t wait if you’re experiencing wage theft, unsafe working conditions or violations of employment contracts. Early legal intervention often prevents problems from escalating and preserves crucial evidence.
Can my employer change my job duties without notice?
Generally, yes—employers have broad authority to modify job responsibilities, hours and working conditions as business needs change. However, significant changes that effectively demote you, reduce pay or alter fundamental job terms may constitute constructive dismissal. If changes appear retaliatory or discriminatory, legal action may be warranted.
Can I be forced to sign a non-compete agreement?
Illinois has strict limitations on non-compete agreements, particularly for lower-wage workers. Non-competes must be reasonable in scope, duration and geographic area, and you must receive adequate consideration beyond continued employment. Before signing any restrictive covenant, consult with an attorney to understand its enforceability and potential impact on your career mobility.
How do I file a complaint against my employer?
Multiple avenues exist for filing employment complaints, depending on the violation type. However, strict deadlines apply, and procedural requirements are complex. Consulting with an attorney before filing ensures proper documentation and a strategic approach.
Should I sign a severance agreement?
Never sign severance agreements without careful review, as they typically include releases of legal claims and restrictive covenants. While severance can provide valuable benefits, you may be waiving significant rights to pursue valid legal claims. An attorney can evaluate whether the severance terms are fair and whether you have potential claims worth more than the offered package.
What Our Clients Are Saying
I had a great experience working with Mr. Kline. He is very professional, responsive, and made the entire process smooth and stress-free. I truly appreciated his clear communication, attention to detail, and genuine care for my case. I would highly recommend him. Thank you for your support and guidance!
Mitchell Kline and his team are amazing. They handled everything with my case very well and made this very easy for me. Would definitely recommend their services and use them in the future. Thank you! You guys are great!
Mitch obviously is well experienced in his field and initially set my expectations properly which is one of the most important things I believe in. He navigated all of the processes in order to facilitate a successful outcome for me. I don't write very many reviews unless they are warranted,...