Legal Question in Employment Law in Illinois

My mother was recently let go from her job due to "mistakes made." However, they never called her into the office to let her know of the mistakes that were being made so that she could rectify the mistakes that she was making. Is there legal action that can be pursued regarding this? Also she believes she is being fired due to age discrimination. Is that another avenue that could be explored regarding litigation? Thanks for your help.


Asked on 12/13/10, 6:13 pm

1 Answer from Attorneys

Illinois is an "at-will" state, meaning people can be hired and fired, or quit, for any reason or NO reason, unless (a) there is a work contract that provides for some kind of HR process and it was not followed, (b) there is an HR process in place and you were not treated consistent with it, (c) unions have special agreements and whatever grievance process was not given to her, or (d) it was illegal under a federal or State law such as you are suggesting. As to age, it is anyone over 40. The federal office of Equal Opportunity can take a complaint and is obligated to investigate if there is a violation of federal law. She would need to make the complaint. As to the goal, however, that's a bigger issue. Because if she's looking to get her job back, that's one thing; if she just wants damages, that's another. She will have to consider her options. One may be to apply for unemployment benefits and look for other work while also making the complaint.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 12/22/10, 8:09 am


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