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

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

Archive