Were you fired for reporting unlawful conduct, exercising a legally protected right, or refusing to participate in activities that violate public policy? Illinois recognizes a limited common-law claim for retaliatory discharge when an employee is terminated for reasons that violate a clearly established mandate of public policy. Depending on the circumstances, additional statutory protections may apply.
At Pinkston Law Group, P.C., Attorney Danielle A. Pinkston represents employees throughout Chicago and Illinois in wrongful termination, retaliatory discharge, whistleblower retaliation, and employment disputes involving violations of public policy.
Protect Your Employment Rights Under Illinois Law. If you believe your employer fired you for reasons that violate Illinois public policy, schedule an employment law consultation to evaluate your potential claims and legal remedies. Strict filing deadlines may apply.
Call (773) 770-4771 or Schedule Your Consultation Online.
You worked hard, followed workplace rules, and expected your employer to respect the law.
Then something happened.
Perhaps you reported suspected criminal activity involving your employer.
Maybe you filed a workers’ compensation claim after suffering a workplace injury.
You may have refused to participate in conduct you believed violated the law.
Perhaps you cooperated with law enforcement concerning unlawful workplace activity.
Shortly afterward, your employer terminated your employment.
Your supervisor may have claimed that Illinois is an at-will employment state and that the company could fire you for any reason.
Although Illinois generally recognizes at-will employment, employers cannot lawfully terminate employees in violation of certain clearly mandated public policies.
Illinois recognizes a narrow common-law cause of action known as retaliatory discharge, which may apply when an employee is actually terminated for conduct protected by a clearly mandated public policy.
Separate federal and Illinois statutes may also protect employees who report unlawful conduct, exercise statutory rights, or oppose prohibited employment practices.
Employees frequently ask:
At Pinkston Law Group, P.C., Chicago employment attorney Danielle A. Pinkston represents Illinois employees in wrongful termination, workplace retaliation, whistleblower, and employment discrimination matters.
Our firm evaluates claims involving Illinois retaliatory discharge, wrongful termination based on public policy, workers’ compensation retaliation, whistleblower protections, and unlawful termination for exercising protected rights.
If you believe your employer terminated you for conduct protected by Illinois public policy, our firm can evaluate your circumstances and explain your legal options.
Schedule an Employment Law Consultation: Call 773-770-4771.
Wrongful termination based on public policy generally refers to an employer’s discharge of an employee for reasons that violate a clearly mandated public policy recognized under Illinois law.
Illinois ordinarily follows the employment-at-will doctrine.
Under this doctrine, an employer generally may terminate an at-will employee for a lawful reason or without providing a reason.
However, Illinois courts recognize a narrow exception for certain retaliatory discharges.
In Kelsay v. Motorola, Inc., 74 Ill. 2d 172 (1978), the Illinois Supreme Court recognized a retaliatory discharge claim involving an employee terminated for pursuing workers’ compensation rights.
In Palmateer v. International Harvester Co., 85 Ill. 2d 124 (1981), the Illinois Supreme Court recognized a retaliatory discharge claim involving an employee terminated for reporting suspected criminal activity to law enforcement and cooperating in an investigation.
These cases established important principles concerning Illinois public policy wrongful termination claims.
However, the public policy exception is narrow.
Not every unfair termination, workplace disagreement, or retaliation claim qualifies as common-law retaliatory discharge.
Learn more about wrongful termination claims and litigation.
Yes, when the employee establishes the elements of a recognized Illinois retaliatory discharge claim.
Illinois courts generally require an employee to establish:
The employee must identify a sufficiently clear public policy and establish a causal connection between protected conduct and the termination.
Public policy generally must be grounded in recognized legal sources, such as constitutional provisions, statutes, or judicial decisions.
An employee’s personal belief that an employer acted unfairly does not, by itself, establish a public policy violation.
For example, terminating an employee because the employee pursued qualifying workers’ compensation rights may support a retaliatory discharge claim.
Similarly, firing an employee for reporting suspected criminal conduct to law enforcement may support a claim under circumstances recognized by Illinois law.
However, whether an employee’s conduct falls within a recognized public policy exception requires careful legal analysis.
Illinois recognizes a narrow common-law tort of retaliatory discharge.
This claim is particularly associated with:
The doctrine does not create a general cause of action for every unfair or retaliatory termination.
The Illinois Workers’ Compensation Act establishes rights and protections involving workplace injuries and workers’ compensation.
Illinois courts have recognized retaliatory discharge claims when an employee is terminated for exercising qualifying workers’ compensation rights.
An employee does not necessarily need a written employment contract to pursue such a claim.
The Illinois Whistleblower Act provides statutory protections for qualifying whistleblower activity.
Depending on the statutory provision and facts, protected conduct may include certain disclosures of unlawful activity or refusals to participate in conduct that would violate the law.
The Illinois Whistleblower Act is a separate statutory remedy.
A violation of the Act does not automatically establish every element of a common-law retaliatory discharge claim.
Learn more about Illinois whistleblower protections.
Federal laws may protect employees who report certain unlawful conduct.
For example, protections may arise under statutes involving workplace safety, financial misconduct, or other regulated activities.
Different federal whistleblower statutes have different coverage requirements, administrative procedures, deadlines, and remedies.
Employees should review the applicable statute rather than assuming that every whistleblower claim follows the same legal process.
The Illinois Human Rights Act prohibits qualifying employment discrimination and retaliation.
For example, an employee terminated for reporting unlawful racial discrimination may have a retaliation claim under the Illinois Human Rights Act.
However, Illinois courts distinguish statutory employment discrimination remedies from the narrow common-law tort of retaliatory discharge.
Learn more about workplace retaliation.
Title VII prohibits qualifying retaliation against employees who oppose unlawful employment discrimination or participate in protected proceedings.
An employee terminated for reporting sexual harassment may have a Title VII retaliation claim.
However, a Title VII retaliation claim is not automatically equivalent to an Illinois common-law public policy retaliatory discharge claim.
Illinois recognizes a retaliatory discharge claim when an employer terminates an employee because the employee exercised qualifying rights under the Workers’ Compensation Act.
For example, an employee may suffer a workplace injury and seek workers’ compensation benefits.
The employer then terminates the employee because of the claim.
Such circumstances may support an Illinois common-law retaliatory discharge lawsuit.
In Kelsay v. Motorola, Inc., 74 Ill. 2d 172 (1978), the Illinois Supreme Court recognized the public policy importance of protecting employees who exercise workers’ compensation rights.
However, an employer may still terminate an employee for legitimate reasons unrelated to protected workers’ compensation activity, subject to applicable law.
Review the Illinois Workers’ Compensation Commission for information about workers’ compensation rights.
An employee may have a retaliatory discharge claim when terminated for reporting suspected criminal activity under circumstances recognized by Illinois law.
For example, an employee may report suspected criminal conduct involving the workplace to law enforcement.
The employer then terminates the employee because of the report.
In Palmateer v. International Harvester Co., 85 Ill. 2d 124 (1981), the Illinois Supreme Court recognized a retaliatory discharge claim involving an employee who reported suspected criminal conduct and cooperated with law enforcement.
However, not every internal workplace complaint automatically qualifies as a report of criminal activity protected under the common-law doctrine.
The nature of the report, the source of public policy, and the circumstances of termination matter.
Terminating an employee because of qualifying cooperation with law enforcement may violate Illinois public policy.
For example, an employee may provide information to police concerning suspected criminal activity.
Management learns of the employee’s cooperation and terminates the employee because of it.
Such circumstances may implicate the public policy principles recognized in Palmateer.
However, the employee must establish the applicable legal requirements, including retaliatory causation.
An employee may have statutory protection when refusing to participate in conduct that would violate applicable law.
For example, an employer may direct an employee to falsify business records.
The employee refuses because participating would violate the law.
If the employer terminates the employee because of qualifying protected refusal, the Illinois Whistleblower Act or another applicable law may provide a remedy.
However, refusal to participate in unlawful conduct does not automatically establish an Illinois common-law retaliatory discharge claim.
The employee must establish the requirements of the particular legal theory.
Learn more about wrongful termination for refusing illegal conduct.
Certain workplace safety complaints may be protected under federal or Illinois law.
For example, an employee may report a qualifying workplace safety violation to an appropriate authority.
The employer then terminates the employee because of the protected report.
The Occupational Safety and Health Administration administers several federal whistleblower protections.
Some claims require prompt administrative filing, and deadlines vary significantly by statute.
For example, certain federal OSHA retaliation complaints must be filed within 30 days.
Employees should not assume that every workplace safety complaint creates an Illinois common-law retaliatory discharge claim.
An employee who reports suspected unlawful fraud may have protections under applicable whistleblower statutes.
For example, an employee may disclose suspected unlawful financial practices under circumstances protected by federal or Illinois law.
The employer then terminates the employee because of the protected disclosure.
Whether the employee has a common-law retaliatory discharge claim, a statutory whistleblower claim, or another remedy depends on the facts and applicable law.
Learn more about workplace fraud reporting.
Some legal rights are protected against employer retaliation.
For example, an employee may exercise qualifying rights under workers’ compensation or another employment statute.
However, not every legal right automatically creates a common-law retaliatory discharge claim.
The employee must identify the particular statute or clearly mandated public policy and establish the elements of the applicable cause of action.
Federal and Illinois laws prohibit qualifying retaliation for reporting or opposing unlawful employment discrimination.
For example, an employee may report racial discrimination to Human Resources.
The employer then terminates the employee because of the protected complaint.
Such circumstances may support a claim under Title VII or the Illinois Human Rights Act.
However, statutory discrimination retaliation claims are distinct from Illinois common-law retaliatory discharge.
Learn more about retaliation for reporting workplace discrimination.
An employer may violate Title VII or the Illinois Human Rights Act by terminating an employee because of a qualifying protected sexual harassment complaint.
For example, an employee may report repeated sexual harassment.
Management then terminates the employee because of the complaint.
The employee may have a statutory retaliation claim.
However, the employee should not assume that the same conduct automatically creates an independent common-law retaliatory discharge claim.
Learn more about retaliation for reporting sexual harassment.
Potentially.
Healthcare workers and public employees may have protections under specific whistleblower statutes, employment laws, or other legal provisions.
For example, a healthcare employee may report suspected unlawful conduct affecting patient care.
A public employee may disclose qualifying government misconduct.
However, statutory coverage, reporting requirements, immunities, and available remedies vary.
Learn more about healthcare whistleblower claims and government employee whistleblower claims.
Although these claims may overlap, they are not identical.
| Public Policy Retaliatory Discharge | Statutory Whistleblower Retaliation |
|---|---|
| Narrow Illinois common-law tort | Arises under a specific whistleblower statute |
| Generally requires actual termination | May cover additional retaliatory employment actions |
| Requires violation of a clearly mandated public policy | Requires protected activity under the applicable statute |
| Public policy must be sufficiently established | Statutory language defines coverage |
| Common-law elements and defenses apply | Statutory elements, procedures, and remedies apply |
For example, termination for exercising qualifying workers’ compensation rights may support Illinois common-law retaliatory discharge.
Termination for certain protected reports of unlawful conduct may support a statutory Illinois Whistleblower Act claim.
An employee may need to evaluate multiple legal theories, but not every theory will be available for the same facts.
Learn more about Illinois whistleblower claims.
Not when the termination violates an applicable legal protection.
Illinois generally permits at-will termination for lawful reasons.
However, statutory whistleblower protections and the narrow common-law public policy exception may restrict an employer’s ability to terminate employees for certain protected conduct.
For example, an employer may violate Illinois law by firing an employee because the employee pursued workers’ compensation benefits.
An employer may also violate an applicable whistleblower statute by terminating an employee because of a qualifying protected report.
The legal analysis depends on the precise conduct and applicable law.
Learn more about wrongful termination without a written contract.
Yes, in qualifying circumstances.
An employee generally does not need a written employment contract to pursue a recognized Illinois common-law retaliatory discharge claim.
The public policy exception exists because certain terminations may be unlawful even when the employment relationship is at will.
For example, an employee terminated for pursuing qualifying workers’ compensation rights may have a claim despite having no written contract.
However, the employee must establish the elements of retaliatory discharge.
Learn more about wrongful termination without a written contract.
Generally not under Illinois common-law retaliatory discharge.
Illinois courts generally require an actual termination for the common-law tort.
In Zimmerman v. Buchheit of Sparta, Inc., 164 Ill. 2d 29 (1994), the Illinois Supreme Court declined to extend the tort of retaliatory discharge to constructive discharge.
Therefore, an employee who resigns because of difficult or allegedly retaliatory working conditions may not satisfy the actual-discharge requirement for the Illinois common-law claim.
However, a resignation may still support a different statutory claim if the employee establishes the applicable constructive discharge or retaliation requirements.
Learn more about constructive discharge in Illinois.
Illinois retaliatory discharge claims require identification of a clearly mandated public policy.
The policy must generally be grounded in a recognized legal source, such as:
An employee’s personal disagreement with management does not establish a clearly mandated public policy.
For example, Illinois courts have recognized public policy protecting employees who pursue workers’ compensation rights.
They have also recognized public policy supporting the reporting and investigation of suspected criminal activity.
However, Illinois courts have repeatedly emphasized that the tort is narrow.
In Turner v. Memorial Medical Center, 233 Ill. 2d 494 (2009), the Illinois Supreme Court addressed the need to identify a clearly mandated public policy and the limits of the retaliatory discharge doctrine.
A retaliatory discharge claim generally requires evidence of actual termination, protected conduct implicating a clearly mandated public policy, and retaliatory causation.
Relevant evidence may include:
Termination notices, separation documents, and employer communications may establish that the employer discharged the employee.
Workers’ compensation records, reports to law enforcement, or other legally relevant documents may establish the employee’s conduct.
Evidence that relevant decision-makers knew about the protected conduct may be important to proving retaliation.
The timing between protected conduct and termination may support an inference of retaliation.
However, timing alone does not necessarily establish causation.
Comments criticizing the employee for reporting unlawful conduct or exercising legal rights may be relevant.
Shifting or contradictory explanations may support an inference that the stated termination reason was not genuine.
Performance evaluations, disciplinary notices, and termination records may help establish the circumstances of discharge.
Coworkers, supervisors, or other witnesses may have relevant information concerning the termination decision.
The employee must identify the legal source supporting the asserted public policy.
The employee must establish that the termination was retaliatory under the applicable legal standard.
Employees should preserve only records they are legally authorized to possess.
Public policy wrongful termination and discriminatory termination involve different legal theories.
| Public Policy Wrongful Termination | Discriminatory Termination |
|---|---|
| Focuses on discharge violating clearly mandated public policy | Focuses on termination because of a protected characteristic |
| May arise under Illinois common-law retaliatory discharge | May arise under Title VII, the Illinois Human Rights Act, or other statutes |
| Generally requires actual termination | Statutory discrimination claims may recognize constructive discharge |
| Requires proof of retaliatory causation and a clearly mandated public policy | Requires proof of discrimination under the applicable statute |
| Does not require a written employment contract | Does not require a written employment contract |
For example, termination because an employee filed a workers’ compensation claim may support common-law retaliatory discharge.
Termination because of race may support a statutory discriminatory termination claim.
Learn more about discriminatory termination in Illinois.
Filing deadlines depend on the legal theory.
Illinois common-law retaliatory discharge claims are generally subject to a five-year statute of limitations under 735 ILCS 5/13-205.
Review the Illinois Code of Civil Procedure.
Claims under the Illinois Whistleblower Act are governed by the applicable statutory limitations provisions.
The relevant deadline must be evaluated based on the specific statutory claim and the date of the alleged retaliation.
Federal whistleblower statutes may have significantly shorter administrative filing deadlines.
For example, certain OSHA whistleblower complaints require filing within 30 days.
Review the OSHA Whistleblower Protection Program.
For qualifying Title VII retaliation claims in Illinois, employees generally must file an EEOC charge within 300 days of an actionable retaliatory employment decision.
Review the EEOC’s filing deadlines.
For many alleged violations occurring on or after January 1, 2025, the general Illinois Department of Human Rights charge-filing period is two years, subject to exceptions and procedural requirements.
Employees should not assume that every retaliation or wrongful termination claim has the same filing deadline.
Depending on the facts and applicable law, potential remedies may include:
Compensation for qualifying lost earnings resulting from unlawful termination.
Compensation for certain employment-related financial losses.
Additional economic damages may be available when legally supported.
Compensation for qualifying emotional harm may be available under certain common-law or statutory claims.
Punitive damages may be available in qualifying Illinois retaliatory discharge cases when the applicable legal standard is satisfied.
Attorney’s fees may be recoverable under certain statutes or other recognized legal bases.
However, attorney’s fees are not automatically recoverable in every Illinois common-law retaliatory discharge action.
Separate whistleblower statutes may provide additional remedies.
No particular recovery is guaranteed.
Learn more about wrongful termination damages and compensation.
If you believe your employer terminated you in violation of Illinois public policy, consider these steps.
Keep legally accessible termination notices, separation paperwork, and employment records.
Prepare a timeline identifying the workers’ compensation claim, report to law enforcement, whistleblower disclosure, or other relevant conduct.
Keep documents and messages you are legally authorized to possess.
Do not improperly access employer systems or remove confidential or privileged records.
Document when management learned about the protected conduct.
Keep legally accessible performance evaluations, disciplinary notices, and workplace policies.
Document individuals who may have relevant information about the termination.
A severance agreement may contain a release of certain employment-related claims.
Common-law, statutory whistleblower, and discrimination retaliation claims may have different deadlines.
An attorney can evaluate whether the termination may violate a clearly mandated Illinois public policy or a separate statutory protection.
It generally refers to an employee’s discharge for reasons that violate a clearly mandated public policy recognized under Illinois law.
Yes. Illinois recognizes a narrow common-law tort of retaliatory discharge in qualifying circumstances.
An employer may violate Illinois law by terminating an employee because the employee exercised qualifying workers’ compensation rights.
Potentially. Illinois courts recognize certain retaliatory discharge claims involving reports of suspected criminal conduct and cooperation with law enforcement.
Applicable whistleblower statutes may protect qualifying refusals to participate in unlawful conduct.
Yes, in qualifying circumstances. Illinois common-law retaliatory discharge does not require a written employment agreement.
Generally not. Illinois common-law retaliatory discharge ordinarily requires actual termination.
No. The common-law tort and statutory whistleblower claims have different legal elements and remedies.
Illinois common-law retaliatory discharge claims are generally subject to a five-year limitations period. Other statutory claims may have different deadlines.
Depending on the legal claim, damages may include lost wages, lost benefits, emotional distress damages, and potentially punitive or other statutory remedies.
Illinois employees have important legal protections against certain terminations that violate clearly mandated public policy.
An employer generally cannot lawfully terminate an employee for qualifying protected conduct under recognized Illinois common-law or statutory protections.
At Pinkston Law Group, P.C., Attorney Danielle A. Pinkston represents employees in matters involving:
Our firm can evaluate the circumstances surrounding your termination, review relevant evidence, and explain your legal options.
Your Employer’s Right to Terminate At-Will Employees Has Important Legal Limits.
If you believe your employer fired you for exercising protected rights, reporting unlawful conduct, or engaging in other conduct protected by clearly mandated public policy, contact Pinkston Law Group, P.C.
PINKSTON LAW GROUP, P.C.
Attorney Danielle A. Pinkston
Chicago, IL 60602
Phone: 773-770-4771
Public Policy Wrongful Termination | Retaliatory Discharge | Whistleblower Retaliation | Workers’ Compensation Retaliation | Employment Litigation
KNOW YOUR RIGHTS. PROTECT YOUR CAREER. UNDERSTAND YOUR LEGAL OPTIONS.
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Disclaimer: This page provides general educational information and does not constitute legal advice. Reading this material does not establish an attorney-client relationship. Public policy wrongful termination claims depend on individual circumstances, applicable laws, and filing requirements. Past results do not predict future outcomes.

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