DGAA bLAWg

Retaliatory Discharge and Whistleblower Claims in Illinois

Web Admin - Thursday, January 30, 2014

illinois whistleblower employment lawyerIllinois law creates something called an “at-will” employment relationship between an employee and an employer. Ordinarily, this means that an employer may fire an employee for any reason or even no reason at all. But, Illinois law does create an exception in cases of retaliatory discharge.

A retaliatory discharge occurs when an employer fires an employee for taking an action that is protected by either a statute or general public policy. One of the most common actions that gives rise to a retaliatory discharge claim is an employer's firing of an employee after “whistleblowing.” Whistleblowing means that an employee reported suspected illegal conduct by the employer to the government, and it is protected by 740 ILCS 174.

Illinois Whistleblower Protection

Illinois law provides statutory protection to whistleblowers, so that their employers cannot fire them in retaliation for their reporting. However, the law has a limited set of actions that qualify as whistleblowing for the purposes of legal protection. Employers may not fire their employees for reporting their illegal conduct to a government or law enforcement agency, testifying against them in court, or refusing to perform an illegal act. Furthermore, the information that the employee provides does not actually have to expose any illegal conduct on the part of the employer. Instead, the employee merely needs a reasonable belief that the information involves an illegal act.

The law also contains a few other miscellaneous provisions. It prohibits employers from putting in place policies that that would prevent an employee from disclosing information that they believed involved an illegal act on the part of the employer. Additionally, the law includes a catch-all provision, designed to provide broader protection to whistleblowers. It forbids employers from retaliating against employees for attempting to expose any “public corruption or wrongdoing.”

In addition to forbidding retaliatory discharge, the law also recognizes other types of actions as retaliation. Generally speaking, the law forbids employers to retaliate with “materially adverse employment actions.” While termination is certainly the most common, other things like demotions, pay cuts, transfers and shift changes may qualify under certain circumstances.

In the event that the employee proves that they suffered retaliation, the law provides them with a variety of remedies, including:

  • • Reinstatement; 
  • • Back pay with interest; 
  • • and Compensation for damages from the violation.

If you believe that you suffered a retaliatory discharge for whistleblowing or some other protected act, contact a Chicago employment lawyer today. Call 847-934-6000 to speak to a member of our team. We serve many Northwest Suburban areas including Barrington, Palatine, Schaumburg, and other surrounding communities.


About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

Recent Posts


Tags

TBI FMLA Crystal Lake pedestrian accident lawyer Illinois insurance disputes probate process Affordable Care Act Schaumburg corporate attorney Illinois red light cameras Long Grove estate planning attorneys breathalyzer test Chicago estate planning lawyer spinal cord injury POA insurance denials Chicago insurance claim attorneys traffic violations defense Illinois insurance dispute lawyers cell phone tower data residential real estate rollover car crashes Kenilworth estate planning attorneys criminal defense Illinois corporate lawyer Barrington real estate lawyer Crystal Lake personal injury attorney trucking accidents Illinois employee rights attorney. Schaumburg criminal law attorney manufacturing elder abuse products liability Rolling Meadows insurance dispute attorney premises liability slip and fall accidents Illinois law filing a medical malpractice claim whistleblower protections Palatine real estate lawyer car accidents medication errors Des Plaines real estate attorney Arlington Heights injury attorney paid sick leave driving traffic crimes Detainer Actions Transfer on Death Instrument crossover accidents real estate zoning Fourth of July Arlington Heights car accident lawyer construction accidents Buffalo Grove corporate attorney back injuries Deer Park real estate law firm life insurance policy ken apicella financial advisors Barrington drug crime attorney Long Grove real estate lawyer Illinois traffic accident lawyer preventing accidents medical malpractice compensation golf accidents Illinois insurance claim dispute lawyer DNR medical research Des Plaines social media after death Rolling Meadows business lawyer estate planning for college students Des Plaines real estate lawyer Landlord Tenant Ordinance Rolling Meadows criminal attorney healthcare Inverness personal injury attorney murder living trust vs will underinsured motorist llinois Real Estate Lawyers Association IRS Crystal Lake traffic attorney Buffalo Grove insurance claim dispute lawyers Schaumburg drug defense lawyer Buffalo Grove car accident lawyer Illinois Human Rights Act Buffalo Grove real estate attorney automated cars license revocation Rolling Meadows personal injury lawyer Rolling Meadows criminal lawyer business litigation workplace sexual harassment advance healthcare directive insurance denial appeals Home Remodeling Repair Act Chicago lawyer cell phone Illinois bicycle safety workers compensation Buffalo Grove personal injury lawyer Rolling Meadows insurance dispute lawyers, insurance dispute digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Illinois real estate Crystal Lake civil litigation lawyer Rolling Meadows probate lawyer Palatine corporate law attorneys dog bites Self-Directed IRA Accounts Illinois civil litigation lawyer mortgage deed transfer Attorney Ken Apicella Crystal Lake insurance lawyer Palatine corporate attorney Illinois personal injury attorney caretaker rights pet law overtime violations defective products car crash injuries medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Family Medical Leave Act car crash Buffalo Grove law firm Schaumburg traffic lawyer Arlington Heights employment attorney Arlington Heights wills and trusts attorney Schaumburg personal injury lawyers real estate contract employee misclassification independent contractor Illinois living will Des Plaines tax law firm employee discrimination murder charges employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys digital information underfunded trust Crystal Lake tax lawyer Illinois registered agent Chicago will attorney Inverness probate lawyer Arlington Heights tax lawyer medical marijuana Chicago employment lawyer commercial leasing right to work real estate leasing Palatine employment lawyer workers compensation benefits Rolling Meadows employment attorney Illinois traffic attorneys Mount Prospect elder law attorney estate planning attorney Illinois DUI attorney Des Plaines criminal attorney accidental death benefits insurance agents Illinois elder law attorney BAC Kenilworth estate planning lawyer anesthesia errors Deer Park personal injury lawyer Crystal Lake estate planning lawyer creditors bad faith insurance claims Class A misdemeanor Deer Park motorcycle accident lawyer Chicago biking tips liens Forcible Entry Illinois traffic ticket lawyer taxes Crystal Lake employment attorney spinal cord injuries Barrington employment attorney dram shop law Super Mario Illinois wills and trusts IRELA traffic deaths special needs trust unpaid assessment Buffalo Grove personal injury attorney auto accidents deadly crashes Barrington medical malpractice lawyers Inverness civil lawyer Crystal Lake car accident lawyer Des Plaines insurance attorney denied insurance claim Schaumburg personal injury attorney employee rights Rolling Meadows real estate attorney Palatine construction attorney Rolling Meadows Attorney boating under the influence estate plan Inverness real estate attorney hands free device Illinois real estate lawyer drug crimes head on collisions employment attorney traffic accidents insurance claim delay pedestrian-automobile accident Illinois construction accident attorney Buffalo Grove traffic attorney federal regulations for LLCs Rolling Meadows insurance attorney real estate closing Illinois home inspection Palatine workers compensation lawyer Mt Prospect Attorney irrevocable trust Palatine law firm Inverness insurance attorney Arlington Heights employment law attorneys Illinois pet lawyer Retaliatory Discharge Riverwoods estate planning lawyer Employment Discrimination Law Illinois employment law firm Illinois insurance claims lawyers insurance claim denial Crystal Lake business law attorneys in terrorem provision Arlington Heights TBI attorney Arlington Heights wills and trusts lawyer installment contracts minimum wage Illinois Workers’ Compensation Commission Schaumburg employment law attorneys Rolling Meadows traffic attorney Illinois workplace lawyer owner responsibility Barrington criminal lawyer Chicago attorney car crashes car accident underage DUI bike accident defective products lawyer Schaumburg wrongful death attorney Des Plaines civil attorney Illinois employment attorneys Des Plaines collections attorney probate claims Illinois mortgages Illinois Probate Act of 1975 blood alcohol content drugs IRA trust transfer texting and driving Illinois will lawyer first degree murder forming a corporation in Illinois Rolling Meadows traffic law firm DUI attorney Barrington employment law attorney small business Palatine estate planning lawyer Fair Labor Standards Act internet insurance dispute Palatine personal injury lawyer Schaumburg insurance lawyers Barrington business law firm uninsured motorist slip and fall Crystal Lake law firm LLCs DGAA attorney fees Schaumburg construction accident lawyer Thanksgiving criminal Palatine probate lawyer trust payments DUI penalities Des Plaines medical malpractice attorney Illinois trusts attorney life insurance Arlington Heights accident attorney Schaumburg estate attorney commercial leases estate tax marijuana compensatory time privacy Illinois traffic laws Barrington employment law firm Arlington Heights wills and trusts attorneys Rolling Meadows Traffic Lawyer Arlington Heights personal injury lawyer tax attorney ObamaCare Illinois motorcycle accident lawyer Des Plaines DUI attorney Arlington Heights real estate lawyer appealing an insurance claim denial of life insurance ACA liability Illinois jet ski accident lawyer insurance adjusters Inverness traffic law firm vacation home employment law, Illinois employment laws Schaumburg estate planning attorney Crystal Lake will lawyer expungement swimming pools natural gas food poisoning Illinois estate planning law firm Crystal Lake employment law attorney revenge porn insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Schaumburg real estate lawyer Joliet general practice lawyers Illinois Schaumburg elder law lawyer meal breaks personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Crystal Lake medical malpractice law firm car accident lawyer estate planning life insurance claims trauma after an accident Illinois Wage Payment and Collection Act wills Rolling Meadows employment law attorneys field sobriety test Buffalo Grove probate lawyer Illinois Smoke Detector Act investment property insurance claims liability claims PTSD South Barrington real estate lawyer boating accidents Barrington Illinois estate planning lawyer Deer Park traffic accident attorney Illinois medical malpractice claim Arlington Heights medical malpractice lawyer foreclosure severance agreements Inverness DUI lawyer insurance claim Crystal Lake pet attorney Des Plaines personal injury lawyers job lawyers personal injury accidents estate planning lawyer Crystal Lake medical malpractice lawyer wage theft Food and Drug Administration's Food Safety Modernization Act Palatine Attorney license Long Grove real estate attorney power of attorney for healthcare insurance claim dispute jet ski home inspection lawyer estate planning trusts problem employees estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers trustee license suspension icy parking lots Illinois insurance claim attorney Crystal Lake bike accident lawyer Barrington criminal defense lawyer Inverness real estate lawyer Illinois employment law Rolling Meadows car accident lawyers Crystal Lake car accident attorney pizza emoji Illinois small business digital assets real estate attorney Des Plaines accident attorney Palatine trusts lawyer insurance claim dispute attorney insurance attorney Crystal Lake injury attorney involuntary manslaughter comparative negligence Legal Info Rolling Meadows marijuana attorney Illinois personal injury preventable medical errors Des Plaines Traffic Lawyer natural gas explosion civil rights violation caregiver Inverness corporate attorney employment lawyer power of attorney murder defense condo civil litigation Buffalo Grove criminal defense lawyer marijuana crimes attorney real estate lawyer Palatine elder law attorney Long Grove estate planning attorney Deer Park traffic lawyer landlord Rolling Meadows medical malpractice lawyers suspended license personal injury lawyer Barrington civil litigation attorney Illinois employment laws federal crimes Rolling Meadows tax attorney rumble strips Palatine traffic accidents cell phone accidents Illinois defective products attorney Des Plaines claims law firm Chicago insurance law firm clemency Buffalo Grove medical malpractice lawyers Rolling Meadows drug defense attorney Illinois tax attorney CAM no contest clauses operating agreements trusts construction contracts insurance negligence income distribution deducation insurance claim denials personal injury fiduciary rule Policy Cancellation Illinois employment law attorney Deer Park workers compensation lawyer sexual harassment Illinois medical malpractice attorney Palatine drug lawyer Crystal Lake personal injury lawyer denied insurance claims unfunded trust hit and run accident Palatine business attorney Arlington Heights estate planning attorney Illinois medical malpractice lawyers traffic violations Barrington estate planning attorney medical malpractice Buffalo Grove traffic lawyers controlled substance personal injury attorney startup company BAIID Schaumburg personal injury lawyer Illinois personal injury lawyers pet bites Illinois probate lawyer Rolling Meadows corporate lawyer GM ignition switches Illinois workplace discrimination attorney Des Plaines drug crimes lawyer texting while driving Long Grove estate planning Barrington Traffic Lawyer guardianship attorney Mount Prospect real estate lawyer probate lawyer Illinois wills and trusts attorneys Deer Park employment law attorney personal injury law firm Palatine injury attorney pedestrian injuries, pedestrian fatality unauthorized overtime unpaid overtime motorcycle accident lawyer healthcare claims fault based insurance Illinois Transfer on Death Instrument drunk driving statistics pregnant women criminal record Illinois traffic attorney wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Palatine punch death DUI new real estate form Illinois car accident attorney Rolling Meadows DUI lawyer child safety employment contract Deer Park accident attorney sole proprietorship Palatine civil attorney Schaumburg medical malpractice lawyer Illinois workers compensation attorney Inverness estate planning lawyer foreclosed rental property Illinois LLC creation South Barrington real estate attorney fatal car accidents pay when paid contract Deer Park medical malpractice attorney Rolling Meadows personal injury attorney Illinois insurance lawyer Des Plaines personal injury lawyer estate attorney estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, car collision DMV living wills Arlington Heights lawyer personal injury claim real estate Barrington boating accident attorney Illinois pedestrian accident attorney employment law health insurance dispute Crystal lake insurance dispute attorney Barrington litigation attorney civil litigation attorney blended families drug crime Illinois trucking safety Illinois business lawyer Exclusions traffic tickets Crystal Lake employment lawyer Barrington personal injury attorney medical malpractice claims brain injury Inverness accident lawyer Arlington Heights Traffic Lawyer Rolling Meadows estate planning attorney trench injuries consent to a search Des Plaines motorcycle accident attorney living trust Illinois lawyer FSLA sexual images surgical mistakes car accident lawyers Des Plaines injury law firm condo association probate fees Schaumburg car accident attorney eluding a police officer Rolling Meadows boating crash lawyer real estate attorneys college kids low-ball insurance settlement holiday statistics DUI defense Crystal Lake medical malpractice attorneys trucking accident lawyers Barrington attorney personal injury claims Schaumburg employment attorney subcontractor rest breaks traffic offenses Palatine employment attorney employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Illinois attorney nursing home negligence Mount Prospect wills and trusts lawyers traumatic brain injury pedestrian accident Colin Gilbert breach of contract Illinois speeding lawyer Illinois injury lawyer Illinois criminal defense attorney elder law homestead rights probate claims process vacation home fines Barrington injury attorney hiring employees Arlington Heights car crash attorneys wrongful termination Illinois insurance claim dispute lawyers Illinois job attorney pedestrian accidents Illinois wrongful termination lawyer Rolling Meadows personal injury lawyers Illinois boating accident lawyer dynasty trusts privacy laws insurance agent negligence Palatine insurance lawyer boating DUI probate Barrington workers compensation attorney Chicago estate planning distracted driving accident victims Rolling Meadows litigation lawyer workers comp Whistleblower Claims digital media accounts, estate planning, Arlington Heights estate planning attorney, agent mass shooting IRA benefits Illinois medical malpractice case Illinois employment lawyer product liability Buffalo Grove employment lawyer Kenilworth estate planning attorney Rolling Meadows accident lawyer Liquor Control Act jet ski accidents Illinois business law atorneys rollover accidents Illinois personal injury lawyer disability benefits drug possession loss of consortium Des Plaines drug lawyer Arlington Heights personal injury attorney Palatine employment law lawyer Illinois insurance attorney Do Not Resuscitate modern family estate planning Chicago traffic lawyer Arlington Heights Attorney Arlington Heights criminal lawyer insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Deer Park DUI lawyer Barrington estate planning lawyer distracted driving accidents Long Grove wills and trusts attorneys School Visitation Rights Act Buffalo Grove injury lawyer Schaumburg estate planning lawyer bicycle accidents capital gains tax contracts Illinois estate planning pain and suffering Schaumburg probate attorney Jay Andrew Illinois collections attorney Crystal Lake accident attorney Chicago employment attorney traffic laws construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Rolling Meadows insurance dispute lawyers Illinois estate planning attorney wills and trusts Arlington Heights insurance attorney Barrington personal injury lawyer rent to own real estate contracts Schaumburg criminal attorney Chicago will attorney, social media platforms, Illinois estate planning lawyer, Schaumburg injury lawyer fiduciary rule delay Arlington Heights pedestrian accidents Colin H. Gilbert Palatine civil litigation lawyer Federal Food Drug and Cosmetic Act Illinois workers compensation lawyer employees Inverness elder law lawyer Illinois Sales Representative Act drug crimes lawyer Arlington Heights trucking lawyer Inverness injury lawyer motorcycle accident work unions Chicago trucking accident attorney Palatine criminal defense lawyer Illinois driving without license license reinstatement digital evidence Arlington Heights wills and trusts lawyers Crystal Lake traffic lawyer dealing with problem employees living trust benefits BUI overtime pay Schaumburg senior citizens truck collisions life insurance lawyer reckless homicide landlord tenant law bicycle dooring accidents Schaumburg Attorney traumatic brain injuries Crystal Lake criminal defense attorney Illinois rollover accident lawyers Chicago corporate attorney gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Des Plaines personal injury attorney Chicago car accident lawyer comp time insurance disputes criminal law gift taxes Des Plaines pet law attorney drunk driving loopholes Illinois employment law attorneys Palatine traffic lawyer changes to mortgage law wrongful death Deer Park criminal attorney speeding corporate law Rolling Meadows insurance lawyer Schaumburg civil litigation attorney Home Sale Contingencies commercial real estate institutional trustee Rolling Meadows employment law attorney Arlington Heights traffic attorney

Archive