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

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

Archive