In Illinois, your employer generally cannot fire you in retaliation for exercising your rights under the Workers’ Compensation Act. If terminated for pursuing benefits, you may have grounds for a retaliatory-discharge claim, depending on the facts and evidence.
Can your employer fire you for filing a claim?
Illinois recognizes a common-law claim for retaliatory discharge, established by the Illinois Supreme Court in Kelsay v. Motorola, Inc., 74 Ill. 2d 172 (1978). Illinois follows at-will employment, but employers cannot fire workers in retaliation for filing a workers’ compensation claim.
Section 4(h) of the Illinois Workers’ Compensation Act also prohibits employers from interfering with or discriminating against employees who exercise their rights under the Act. However, not every termination following a workplace injury is unlawful.
What must you prove in a retaliatory-discharge claim?
Illinois courts require three elements: you were an employee at the time of your injury, you exercised a right under the Workers’ Compensation Act and your employer fired you because you did. The third element requires a causal connection between your activity and your termination.
Signs of possible retaliation include sudden termination after filing a claim, inconsistent explanations for your dismissal or negative performance reviews that conflict with earlier records. These signs may be relevant, but timing alone does not prove retaliation.
Your employer may assert a legitimate reason for the termination. You bear the burden of proving each element, and your work history, the timing and your employer’s stated reason may all be relevant.
What can you do if you suspect wrongful termination?
If you believe your employer fired you for filing a claim, preserve relevant evidence:
- Keep records. Save termination notices, performance reviews and relevant messages or emails.
- Document the timeline. Note the dates of your injury, claim and termination.
A successful claim may result in lost wages, compensatory damages, and, in some cases, punitive damages. These remedies are not automatic and depend on the facts of your case.
What should you do if you were fired for filing a claim?
If your employer fired you after you reported a workplace injury or filed a claim, consider speaking with an Illinois employment attorney. Organized records can help an attorney evaluate your options.
Learn more about job-related employment disputes and the legal protections that may apply to your situation.
