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

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

Archive