Schiller Park, IL asked in Employment Law and Employment Discrimination for Illinois

Q: Is there anything else I can do if I was unlawfully terminated in was able to disprove the reasons they claim?

I worked at this place for almost a year and loved it. When the site director changed she didn't like me very much and bullied and harassed me trying to get me to quit and when I didn't she fired me. The initial reason she fired me was false and I was able to prove that, so she came up with another reason and I was able to prove that 1 false as well(telling me I missed a day when clearly it was on my timesheet and i got paid for said day), so they came up with a 3rd reason. The final reason had to do with an accommodation that I was given for a mental disorder and that manager said she did not care about and still let me go. Also they claim that they gave me two write ups but I never was given a write-up once while I was working there and when asking to see them they refuses. they also have yet to provide exit papers. I was called into the office 10 minutes before my shift started and told word-for-word "as of today you're fired" What can I do?

1 Lawyer Answer
Cynthia Pietrucha
Cynthia Pietrucha
  • Employment Law Lawyer
  • Naperville, IL
  • Licensed in Illinois

A: I'm sorry to hear about your termination. As many answers to legal questions, the answer here is: It depends.

Illinois is an "at will" employment state, which means an employer can get rid of you as long as they are not violating a policy, contract or law.Employment terminations can be complicated, especially when disability accommodations are involved.

For starters, to address those alleged write-ups, you have a right to access your personnel records by contact the company and asking that they give you your personnel records within the next 7 business days. After you receive the records, you should see the two alleged write-ups (whether they were written back when they claim, or written only because you requested you personnel file).

If you believe you have enough evidence to prove with a 51% or greater chance that you were discriminated against unlawfully, you might proceed in filing a charge of discrimination either with the state (180 days deadline) or the federal agency (300 day deadline). The state and federal agencies have strict deadlines and also minimum employee counts for most types of discrimination charges.

Lastly, if you haven't already, apply for unemployment benefits. It's up to the state to determine if you are eligible to collect and just because you were fired does not mean you don't get benefits. You can apply for benefits online by doing an internet search for "Illinois unemployment benefits".

If you are not happy with the results on your own, you may benefit from hiring a local employment lawyer who can fine tune a strategy to help you reach your goals.

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