Retaliatory Discharge

Retaliatory discharge was established by the Illinois Supreme Court under two classifications: (1) a “clear mandate” action alleging that the complained of conduct contravenes a clearly mandated public policy, but not necessarily a law; and (2) a “citizen crime-fighter” theory.

In other words, the first cause presents that when an employee files a complaint or proceeds in actions within their rights, and is then terminated for the action, the employee is a victim of retaliatory discharge. The employer terminated the employee for taking actions that were within their rights of acting in public policy and its expectations therein. The ability for an employer to fire an employee for doing so “seriously undermines that scheme,” according to the Illinois Supreme Court.

The second cause establishes that when an employee proactively reports a crime of a coworker or the employer itself, the company may not terminate the employee for reporting an illegal act, nor taking actions to stop the illegal act. Some may know this as the whistle blower cause.

If you believe you are a victim of Retaliatory Discharge please don’t hesitate to contact the Illinois Hammer law firm, Dworkin & Maciariello, for a free case assessment, by calling 1‑800‑487‑8669 or 312-I-Hammer.