Wrongful Termination Law in Illinois
This page covers wrongful termination law as it applies in Illinois — the state and federal laws that govern it, filing deadlines, where to get help, and notable in-state decisions. For what wrongful termination protects generally, see the national overview.
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Quick answer
Illinois is an at-will employment state, meaning most employers can fire a worker for any reason — but not for an illegal one. State and federal laws protect workers from being fired because of protected characteristics such as race, sex, age, or disability, and from being fired for reporting workplace legal violations or filing a workers' compensation claim. If you think your termination was illegal, gather your records and consult an attorney quickly because filing deadlines can be as short as 300 days.
Laws that govern wrongful termination in Illinois
Illinois state law
- Illinois Human Rights Act775 ILCS 5/
Prohibits employment discrimination based on race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental disability, military status, sexual orientation, pregnancy, and other protected characteristics, and is enforced by the Illinois Department of Human Rights.
- Illinois Whistleblower Act740 ILCS 174/
Prohibits employers from retaliating against employees who, in good faith, disclose or threaten to disclose their employer's violation of a state or federal law, rule, or regulation.
- Illinois Workers' Compensation Act — retaliatory discharge provision820 ILCS 305/4
Prohibits employers from discharging or retaliating against an employee for exercising rights under the Workers' Compensation Act, including filing or pursuing a compensation claim.
- Illinois Worker Adjustment and Retraining Notification Act820 ILCS 65/
Requires employers with 75 or more full-time employees to give at least 60 days advance written notice before a plant closing or mass layoff affecting 25 or more workers.
Federal law
- Title 29 — Labor
The U.S. Code title that houses these federal statutes.
- Title VII of the Civil Rights Act of 1964
Prohibits employment discrimination based on race, color, religion, sex, and national origin. Codified at 42 U.S.C. §§ 2000e et seq.
- Family and Medical Leave Act of 1993
Federal law allowing eligible employees of covered employers up to 12 weeks of unpaid leave for specified family and medical reasons. Codified at 29 U.S.C. §§ 2601 et seq.
- Americans with Disabilities Act of 1990
Civil-rights law prohibiting discrimination based on disability in employment, public services, public accommodations, and telecommunications. Codified at 42 U.S.C. §§ 12101 et …
- Worker Adjustment and Retraining Notification Act
Requires employers with 100+ employees to give 60 days’ advance notice of plant closings and mass layoffs. Codified at 29 U.S.C. §§ 2101–2109.
Illinois-specific deadlines for wrongful termination cases
Enter the date your problem happened to see which deadlines may already have passed. Not every deadline applies to every situation — this is a general estimate, not legal advice. Deadlines can be shorter, paused, or extended.
- File a discrimination charge with the Illinois Department of Human Rights: 2 years
Effective January 1, 2025, this deadline was extended from 300 days to 2 years for employment, financial credit, and public-accommodations cases. Housing discrimination charges have a separate one-year deadline with the IDHR.
775 ILCS 5/7A-102 (as amended by Public Act 103-0973, eff. Jan. 1, 2025)
- File a discrimination charge with the U.S. Equal Employment Opportunity Commission: 300 days
Because Illinois has the Illinois Department of Human Rights to enforce its own anti-discrimination law, Illinois employees receive the extended 300-day deadline for U.S. Equal Employment Opportunity Commission charges rather than the default 180-day deadline that applies in states without a comparable state agency.
42 U.S.C. § 2000e-5(e)(1)
- File a federal court lawsuit after receiving a U.S. Equal Employment Opportunity Commission right-to-sue notice: 90 days
After the U.S. Equal Employment Opportunity Commission issues a Notice of Right to Sue, you have only 90 days to file a lawsuit in federal court under Title VII of the Civil Rights Act of 1964 or the Americans with Disabilities Act. Missing this deadline generally bars the federal court lawsuit permanently.
42 U.S.C. § 2000e-5(f)(1)
- File a common law retaliatory discharge lawsuit in Illinois circuit court: 2 years
Illinois courts apply the two-year personal injury statute of limitations to common law retaliatory discharge claims, including claims based on being fired for filing a workers' compensation claim, as established through Illinois Supreme Court case law.
735 ILCS 5/13-202
These deadlines are general estimates. They can be shorter than they appear, and can be paused (“tolled”) or extended in specific situations. This is not legal advice. If any deadline is near or has passed, talk to a lawyer right away.
Where to go & how to get help
Government agencies and non-profit legal-help organizations for wrongful termination in Illinois.
The federal agency that enforces Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal anti-discrimination laws; Texas employees are served primarily through the Houston District Office.
The state agency that investigates and enforces employment discrimination complaints under the Illinois Human Rights Act; the first stop for most state-law discrimination and retaliation claims.
The federal agency that enforces Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act; Ohio residents have 300 days from a discriminatory act to file a charge.
Primary federal agency for filing employment discrimination charges; handles claims by private-sector employees in Georgia under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act of 1967, and related laws.
Federal agency enforcing Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act; Michigan employees have 300 days to file a charge.
The federal agency that enforces Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and other federal anti-discrimination employment laws; California employees may file a charge within 300 days of the discriminatory act.
Enforces federal employment discrimination laws including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act; Florida workers can dual-file charges with both the Equal Employment Opportunity Commission and the Florida Commission on Human Relations.
Federal agency that investigates charges of employment discrimination under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and related federal laws; filing a charge is required before suing in federal court.
The federal agency that enforces Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal anti-discrimination laws; accepts charges from Pennsylvania workers within 300 days of a discriminatory act.
The federal agency that enforces Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal anti-discrimination laws for Illinois workers.
Investigates employment discrimination charges under Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal laws; file a charge here first if you were terminated because of a protected characteristic such as race, sex, religion, national origin, age, or disability.
The federal agency enforcing Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act; New Jersey workers have 300 days to file a charge, which is required before bringing a federal lawsuit.
Accepts federal employment discrimination charges under Title VII, the Americans with Disabilities Act, and the Age Discrimination in Employment Act for workers in Virginia.
- Illinois Legal Aid Onlinelegal aid
Provides free plain-language legal information for Illinois residents, including step-by-step guides on filing discrimination charges with the Illinois Department of Human Rights and the U.S. Equal Employment Opportunity Commission.
Federal agency that investigates charges of employment discrimination under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal employment laws; Washington residents have 300 days to file a charge.
Connects individuals with licensed Illinois attorneys, including those who handle employment law matters, with initial consultations available for a modest fee.
Official U.S. government starting point for finding free or low-cost legal help and legal-aid programs near you.
Locate the LSC-funded legal-aid organization that serves your county for civil (non-criminal) legal problems.
Find your state or local bar association lawyer-referral service and free legal-answer programs.
Find your state attorney general to file consumer-protection, civil-rights, or other complaints.
How to take action in Illinois
- 1
Document the details of your termination immediately
Write down the date you were fired, any reason given, the names of supervisors or witnesses involved, and preserve any emails, performance reviews, or written notices you received.
- 2
Identify what type of claim may apply
Common claims in Illinois include discrimination based on a protected characteristic, retaliation for reporting a legal violation, retaliation for filing a workers' compensation claim, and breach of an employment contract.
- 3
Consult an employment attorney as soon as possible
An attorney can help you determine which laws apply, whether you must file with a government agency before going to court, and how to protect your claim before deadlines pass.
- 4
File a charge with the Illinois Department of Human Rights or the U.S. Equal Employment Opportunity Commission for discrimination claims
If your claim involves discrimination or harassment, you must file an administrative charge with the Illinois Department of Human Rights (IDHR) or the U.S. Equal Employment Opportunity Commission (EEOC) before you can sue in court; strict time limits apply.
- 5
Request a right-to-sue notice when you are ready to proceed in court
After the administrative agency finishes its process, you may need a Notice of Right to Sue before filing a lawsuit; once you receive it, you generally have only 90 days to file in federal court.
- 6
File your lawsuit before the applicable statute of limitations expires
Different claims carry different court filing deadlines, so it is important to know which deadline applies to your specific type of claim.
A general roadmap, not legal advice — the right steps depend on your situation and deadlines.
Common questions about wrongful termination in Illinois
Is Illinois an at-will employment state?
Yes. Illinois is an at-will employment state, which means an employer can generally fire an employee at any time, for any reason, or for no reason at all — unless a specific law or contract prohibits that termination. At-will employment does not protect employers who fire workers for illegal reasons such as discrimination or retaliation.
What makes a termination wrongful under Illinois law?
A termination may be wrongful if it is based on a protected characteristic such as race, sex, age, national origin, disability, or religion; if it is done in retaliation for a legally protected activity such as filing a workers' compensation claim or reporting an employer's legal violation; or if it violates the terms of a written employment contract. An ordinary unfair or harsh firing, standing alone, does not create a legal claim under Illinois law.
Do I have to file a charge with a government agency before I can sue my employer?
For discrimination and harassment claims under the Illinois Human Rights Act or federal anti-discrimination laws, yes — you must first file a charge with the Illinois Department of Human Rights or the U.S. Equal Employment Opportunity Commission before filing a court lawsuit. Common law retaliatory discharge claims, such as being fired for filing a workers' compensation claim, go directly to Illinois circuit court without an administrative filing requirement.
How long do I have to file a discrimination charge in Illinois?
Since January 1, 2025, you generally have two years from the date of the discriminatory act to file a charge with the Illinois Department of Human Rights. For federal claims filed with the U.S. Equal Employment Opportunity Commission, Illinois employees have 300 days from the date of the discriminatory act because Illinois has its own state anti-discrimination law and agency. These deadlines are independent of each other.
Can I file my complaint with both the IDHR and the EEOC at the same time?
Yes. The Illinois Department of Human Rights and the U.S. Equal Employment Opportunity Commission have a work-sharing agreement, so filing with one agency typically results in the charge being cross-filed with the other. Even so, each agency enforces different laws and has its own process, so consulting an attorney about both the state and federal options is advisable.
Does the Illinois Whistleblower Act protect me if I reported my employer's illegal activity?
The Illinois Whistleblower Act (740 ILCS 174/) prohibits employers from firing or retaliating against an employee who, in good faith, discloses or threatens to disclose information about the employer's activity that the employee believes violates a state or federal law, rule, or regulation. The law also protects employees who participate in a government investigation or court proceeding related to such a violation. An employee who wins a whistleblower claim may be entitled to recover lost wages, benefits, and attorney's fees.
Can I be fired for filing a workers' compensation claim?
No. Illinois law prohibits employers from discharging or retaliating against an employee for exercising rights under the Illinois Workers' Compensation Act (820 ILCS 305/4). This protection is also recognized as a common law tort doctrine called retaliatory discharge, first established by the Illinois Supreme Court to protect employees from being penalized for seeking compensation for on-the-job injuries.
Not legal advice. State-specific statutes, deadlines and procedures are being sourced and will appear here.