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

Archive