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Wrongful discharge and employment law basics

On Behalf of | May 17, 2019 | Employment Litigation

Wrongful discharge is an important Chicago employment law issue for both employees and employers to be familiar with. It is important for both employees and employers to be familiar with what wrongful discharge is and when it can lead to employment litigation.

Circumstances that can lead to a wrongful discharge claim and possible employment litigation can include when anti-discrimination laws are violated. There are certain protected characteristics that employees cannot be discriminated against based upon which include race or color; national origin; gender; religion; age; pregnancy; or disability. In addition, if the employee is not an at-will employee and has a contract for their employment and the contractual obligation is breached, it can lead to a potential wrongful termination claim.

Other examples of wrongful discharge include when an employee is fired in retaliation for reporting illegal activity on the part of their employer or if they refuse to do something that is illegal. Additionally, if an employee complains about discrimination or sexual harassment and is terminated, this may also lead to a claim for wrongful termination. Employees can receive a variety of different types of damages and remedies through the legal process if they have been the victims of wrongful discharge. Damages that may be available can include back pay, reinstatement, injunctive relief and other forms of compensation.

The legal process provides recourse in circumstances of wrongful discharge that both employees and employers should be familiar with. Familiarity with employment litigation resources can help both employers and employees through employment-related challenges, disputes and concerns.

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