Employment Laws - At Will, Employment Contracts, Discrimination and Harassment

AT-WILL EMPLOYMENT
In general, the state of Illinois is an "at-will" employment state which means that an employer may terminate an employee for any reason or no reason at all, in much the same way that an employee may resign at will. Under this doctrine, an employer or employee may terminate the employment relationship at any time with no legal recourse.

EMPLOYMENT CONTRACTS & AGREEMENTS
The "at-will" employment doctrine does not apply where the employer and employee have an employment contract or otherwise reached an agreement that reflects an employment relationship other than "at will". In such cases, the contract or agreement will determine how the relationship is terminates and damages for premature termination of employment. Where an employment relationship is terminated prematurely or not in accordance with the contract of agreement, the injured person may sue for breach of contract. Damages for breach of contract include lost wages and the value of lost employment benefits.

DISCRIMINATION & HARASSMENT
Another exception to the "at-will" employment doctrine exists with respect to discrimination and harassment. The law prevents an employer from engaging in or condoning conduct that amounts to discrmination or harassment in the workplace. Employers may not make workplace decisions on an illegal discriminatory basis. Also, employers and their supervisors may not subject employees to a hostile work environment based on prohibited factors such as race, sex, national origin, age, disability/handicap, or other protected class.Employees have the right to complain about discrimination and/or harassment and are protected from retaliation as a result of their complaints. Read more about Employment Discrimination and Harassment

FAMILY LEAVE AND MEDICAL ACT
The Family Leave and Medical allows qualifying employees unpaid leave for family and medical situations. Employers are required to hold an employee's position open while he/she is on FMLA leave. Read more about FMLA

FAIR WAGE ACT
Fair Wage laws require that an employer pay its employees for time worked. Certain employees are entitled to overtime pay for time worked over the normal 40 hour work-week. The Department of Labor is responsible for administering the laws regarding employee pay and overtime compensation. Read more

WORKERS COMPENSATION
Workers Compensation law in Illinois also prohibits employers from terminating an employee because the employee filed for workers compensation on the bases on a work-related injurypplies to workers who have suffered injuries inthe workplace. Read more

Employment: Overview  Frequently Asked Questions   Useful Links 

Here is a list of questions that an employment attorney may ask you during consultation:

· How long have you worked with the employer?

· Were you treated differently or harassed because of your age, sex, race, disability, pregnancy status, national origin or other illegal basis?

· Does your employer have a discrimination/harassment policy and have you read it?

· Have you reported the discrimination or harassment to management and/or your union?

· Have you followed your employer's policy in reporting the discrimination or harassment and other requirements?

· Did you participate or encourage the harassment or discrimination?

· After reporting the discrimination or harassment to management, did management take action to eliminate the problem?

· Did the discrimination or harassment cease after you reported it?

· Was your complaint handled in an efficient and professional manner?

· Did anyone retaliate against you for complaining about the discrimination or harassment?

· Did you suffer any financial losses as a result of the discrimination? For example, lost wages, benefits, time at work, etc.

· Do you have any witness to the discrimination or harassment?

· How is your work performance otherwise?

· How do you think that the matter should be resolved?

Disclaimer: This checklist is only for informational purposes. It does not create an attorney/client relationship. The questionnaire items are only intended to help users prepare for consultation with attorneys or governmental agencies concerning their matters. The specific answers to these questions may not necessarily determine whether or not an individual has a viable case. Users need to consult with an attorney or governmental agency to pursue their matters.
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Discrimination against any employee or applicant for employment because of his/her sex in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment, is a violation of Civil Rights Laws.  Employment decisions cannot be based on stereotypes and assumptions about abilities, traits, or the performance of individuals on the basis of sex.  Pregnancy discrimination is also a prohibited form of sex discrimination. 

The Equal Pay Act of 1963 requires that men and women be given same pay for equal work in the same establishment, where the work is substantially equal.

Employment: Overview  Frequently Asked Questions  Useful Links