Employment law in Illinois - the "employee at-will"

When an employee is fired without notice or cause, their first instinct is often to find a lawyer. After all, it is commonly believed that it is illegal to fire an employee unless there is fault on the part of the employee. But in Illinois, most employees are employed "at-will", meaning that

1. either the employer or the employee
2. may end the employment relationship
3. at any time
4. for any reason or no reason
5. as long as there is no ILLEGAL reason for the termination.

When I sit down with a client regarding an employee termination, the critical questions we must answer to figure out if the law has been broken are-

• -Is there any argument that the employee was not an "employee at will"? For instance, did he/she have a contract that said he/she could only be fired for cause?
• -If the employee was an employee at will, what was the reason for the firing?
• -If there was an illegal reason, will there be documents or witnesses to prove it?

Many of the illegal reasons for termination are widely known, such as discrimination on the basis of race, gender, national origin, disability, etc. But there are many other illegal reasons under Illinois and Federal law, far too many to go into in such a limited space. Suffice it to say that it is in the best interests of both the employee and the employer to document well what happened and when, and to share complete information with the attorney. It is also a good idea for the employer to consult with an employment attorney before the termination to review the adequacy of the documentation.

If you would like to talk about your specific employment situation, or ways that the employer can document and organize its business to minimize risk, please call to schedule a consultation.

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Ken Runes
June, 2002

The material presented on the wbsite of Runes Law Offices, P.C. is intended for information purposes only; people who have specific legal problems or issues should rely on legal advice only if provided by an attorney after in-person consultation.