Lake Villa, IL asked in Employment Discrimination and Employment Law for Illinois

Q: Is it hard to win a wrongful termination case?

Quick run down, I have been working for the company for over 20 years I am 65 years old . I received a letter that I was terminated with no explantion as of why I was terminated. I have an idea its based off my age and my seniority with the company. I feel like they terminating me because of my age and they can hire someone younger for less pay.

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

A: I'm sorry to hear you lost your job after such long tenure. The honest answer is Yes it's hard to win a wrongful termination case, and if you sue, it could take years for a resolution. The burden of proof is on you to show direct and indirect evidence that your age was the factor that led to your termination/ but for your age you would have kept your job. You do this by comparing yourself to younger employees with your same title who did not get terminated or recalling instances where you were harassed about your age. Companies come up with many reasons for why your age was not used against you and they have full access to all their records, whereas you only know the limited information you know. Illinois is an "at-will" employment state, meaning it is not illegal for an employer to fire you because they want to, even if it's not fair. They don't have to give a reason for terminating you but will come up with a reason if you accuse them of age discrimination.

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