Employee Rights Under the Illinois Whistleblower Act

Whistleblowing In Illinois

Employees are protected when they engaged in whistleblowing. The Illinois Whistleblower Act is a crucial piece of legislation that protects employees who engage in whistleblowing and report illegal, unethical, or fraudulent activities committed by their employers or coworkers to a body outside of the place of employment, such as law enforcement or an agency. If you’re considering whistleblowing on wrongdoing at work, it’s important to know your rights under the Illinois Whistleblower Act.

1. Report Illegal Activities

One of the most significant rights afforded to employees under the Illinois Whistleblower Act is the right to report illegal activities, known as whistleblowing. An employee can engage in whistleblowing by reporting any activity that he or she reasonably believes is a violation of a state or federal law, rule, or regulation of a state agency or other governmental body. Whistleblowing about such activity is essential for protecting the public interest, and it is vital that employees understand their right to do so without fear of retaliation.

2. Refuse to Participate in Illegal Activities

An employee has the right to refuse to participate in any activity that he or she reasonably believes is illegal, unethical, or fraudulent. This means that if your employer asks you to do something that you believe is illegal, you can refuse without fear of retaliation. Refusing to participate in illegal activities is crucial for upholding ethical standards and maintaining the integrity of the workplace.

3. Protection from Retaliation

One of the most critical aspects of the Illinois Whistleblower Act is the protection it provides employees from retaliation. Retaliation can take many forms, including termination, demotion, or other adverse employment actions. However, if you engage in whistleblowing by reporting illegal activities or refuse to participate in illegal activities, you are protected from retaliation by your employer.

4. File a Lawsuit

If you believe you have been retaliated against for whistleblowing or refusing to participate in illegal activities, you have the right to file a lawsuit.

5. Receive Compensation

If you are found to have been retaliated against by your employer for  whistleblowing, you may be entitled to compensation under the Illinois Whistleblower Act. This compensation can include reinstatement, back pay, and other damages. The purpose of compensation is to make you whole again and ensure that you are not disadvantaged as a result of whistleblowing activities.

The Difference Between Common Law Retaliatory Discharge and the Illinois Whistleblower Act

If you’re an employee who has been wrongfully terminated for whistleblowing, you may be wondering what legal options you have available to you. In Illinois, there are two primary avenues for seeking justice in these cases: common law retaliatory discharge and the Illinois Whistleblower Act. This post will explain the key differences between these two legal approaches.

Common Law Retaliatory Discharge

Common law retaliatory discharge is a legal claim that allows employees to sue their employers for terminating them in retaliation for engaging in a protected activity, such as reporting illegal activity. In Illinois, this claim is based on the common law principle that an employer cannot fire an employee for a reason that violates public policy.

Here are some key facts to know about common law retaliatory discharge:

1. It is based on the common law principle that an employer cannot fire an employee for a reason that violates public policy.
2. It can be used to seek damages for lost wages, emotional distress, and other harm suffered as a result of the termination.
3. It does not require the employee to report the illegal activity to an external agency or governmental body.
4. It has a longer statute of limitations than the Illinois Whistleblower Act (up to five years in some cases).

Illinois Whistleblower Act

The Illinois Whistleblower Act is a state law that provides protection for employees who engage in whistleblowing by reporting illegal, unethical, or fraudulent activities committed by their employers or coworkers. The act is designed to encourage individuals to report such activities without fear of retaliation by their employers for their whistleblowing.

Here are some key facts to know about the Illinois Whistleblower Act:

1. It provides protection for employees who engage in whistleblowing by reporting illegal, unethical, or fraudulent activities committed by their employers or coworkers.
2. It requires the employee’s whistleblowing be directed to to an external agency or governmental body, like the Illinois Attorney General.
3. It has a shorter statute of limitations than common law retaliatory discharge (up to one year from the date of the retaliatory action).
4. It provides for damages that may include reinstatement, back pay, and other damages.

Key Differences

Here are some of the key differences between common law retaliatory discharge and the Illinois Whistleblower Act:

1. Common law retaliatory discharge is a legal claim based on the common law principle that an employer cannot fire an employee for a reason that violates public policy, while the Illinois Whistleblower Act is a state law that provides specific protections for whistleblowing.
2. Common law retaliatory discharge does not require the employee to report the illegal activity to an external agency or governmental body, while the Illinois Whistleblower Act does.
3. Common law retaliatory discharge has a longer statute of limitations than the Illinois Whistleblower Act, up to five years in some cases.
4. The damages available under common law retaliatory discharge may include lost wages, emotional distress, and other harm suffered as a result of the termination, while the damages available under the Illinois Whistleblower Act for whistleblowing may include reinstatement, back pay, and other damages.

Why You Need an Attorney for a Retaliatory Discharge Claim or Illinois Whistleblower Act Claim

If you have blown the whistle on illegal, unethical, or fraudulent activities at work and suffered retaliation as a result, you may be entitled to legal recourse. Retaliation can take many forms, including termination, demotion, or other adverse employment actions. If you’re considering pursuing a retaliatory discharge claim or an Illinois Whistleblower Act claim, it’s essential to hire an experienced attorney who can help you navigate the legal process and ensure that your rights are protected.

1. Knowledge and Expertise

An experienced attorney will have the knowledge and expertise to help you build a strong case. Your attorney will be familiar with the nuances of the law and understand the legal requirements necessary to prove your case. They will also have a deep understanding of the legal system and know how to navigate it effectively to achieve the best possible outcome for you.

2. Guidance and Support

Navigating a retaliatory discharge claim or an Illinois Whistleblower Act claim can be complex and challenging. An attorney can provide guidance and support throughout the process, helping you understand your rights and options and providing you with the tools and resources necessary to build a strong case. They can also provide emotional support during what can be a difficult and stressful time.

3. Negotiation and Settlement

In many cases, a retaliatory discharge claim or an Illinois Whistleblower Act claim can be resolved through negotiation or settlement. An experienced attorney can help you negotiate a favorable settlement with your employer and ensure that your interests are protected. They can also provide advice on whether a settlement offer is fair and reasonable, and whether it’s in your best interests to accept it.

4. Trial Advocacy

If your case proceeds to trial, you’ll need an experienced trial attorney who can advocate on your behalf effectively. Your attorney will be responsible for presenting your case to the court, arguing on your behalf, and cross-examining witnesses. An experienced trial attorney will have the skills and experience necessary to navigate the complexities of the legal system and achieve the best possible outcome for you.

5. Maximize Your Compensation

An attorney can help you maximize your compensation if you’ve suffered retaliation as a whistleblower. They can help you identify all of the damages to which you’re entitled, including lost wages, emotional distress, and other damages. They can also ensure that you receive the compensation you deserve for the harm you’ve suffered.

In conclusion, if you’ve blown the whistle on illegal, unethical, or fraudulent activities at work and suffered retaliation as a result, it’s essential to hire an experienced attorney who can help you navigate the legal process and ensure that your rights are protected. An attorney can provide the knowledge, expertise, guidance, and support you need to build a strong case and achieve the best possible outcome. Contact us today to schedule a consultation and learn more about how we can help you with your retaliatory discharge claim or Illinois Whistleblower Act claim.

If you’re seeking an experienced whistleblower lawyer who can provide you with the guidance and support you need, contact us today. We’re here to help you protect your rights and ensure that you receive the compensation you deserve.