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

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

Archive