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

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

Archive