If you’re thinking about suing your workplace in Illinois, you may want to look at the legal reasons you can take legal action against your employer. Unpaid overtime, personal injury, wrongful termination, wage theft, and discrimination are all examples of legal reasons you can sue your employer.
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Unpaid Overtime
Most employees are entitled to overtime pay when they work over 40 hours in a week. Illinois law requires employers to pay employees 1.5 times the regular hourly rate for overtime hours worked. If an employee works more than 40 hours in a week and is not paid overtime, the employer is breaking the law.
You must file an overtime complaint with the Illinois Department of Labor and you must file a complaint with the federal Department of Labor.
Personal Injury
You have an absolute right to sue your Illinois employer for personal injury. Every employer has a duty to provide a safe workplace. Most state laws require employers to provide a safe workplace free from workplace hazards that cause physical harm. If an employer fails to provide a safe workplace, you can sue your employer for personal injury.
You should be aware that Illinois law does not protect you if you are not injured while working at your workplace. You must be injured while at your workplace to file a personal injury lawsuit against your employer.
Wrongful Termination
If you are fired from your job for no reason or for a reason that violates your rights, you have a legal right to sue your employer for wrongful termination. Illinois law requires employers to give employees a written warning when they are being fired for no reason or for a reason that violates their rights. An employer must also provide employees with a written statement of the reason they are being fired and the date they will be terminated. This statement must be provided within five days of being fired.
Wage Theft
If employers fail to pay you what they owe you under the law, you can sue them for wage theft. Illinois law requires employers to pay employees all wages due to them within seven days of being due. If an employer fails to pay you what they owe you within seven days of being due, you can sue them for wage theft. You should be aware that Illinois law does not protect you if you are not owed wages under the law. You must be owed wages under the law to file a wage theft lawsuit against your employer.
Discrimination
The Illinois Human Rights Act prohibits employers from discriminating against employees on the basis of race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental disability, or sexual orientation. If an employer violates this law, you have a legal right to sue your employer for discrimination. You should be aware that Illinois law does not protect you if you are not discriminated against under the law. You must be discriminated against under the law to file a discrimination lawsuit against your employer.
Unlawful Drug Screenings
If you are required to take a drug test at work and you fail the drug test, you have a legal right to sue your employer for unlawful drug tests. Illinois law prohibits employers from requiring employees to take drug tests unless they are required by federal law or state law. If an employer requires an employee to take a drug test and that employee fails the drug test, they are breaking the law and they can be sued by the employee for violating the Illinois Drug Testing Act. You should be aware that Illinois law does not protect you if you are not required to take a drug test under the law. You must be required to take a drug test under the law to file a drug testing lawsuit against your employer.
Sexual Harassment
If an employer harasses or discriminates against you because of your gender, you have a legal right to sue your employer for sexual harassment. The Illinois Human Rights Act prohibits employers from discriminating against employees on the basis of sex or sexual harassment. If an employer harasses or discriminates against you because of your gender, you have a legal right to sue your employer for sexual harassment. You should be aware that Illinois law does not protect you if you are not harassed or discriminated against under the law. You must be harassed or discriminated against under the law to file a sexual harassment lawsuit against your employer.
Retaliation
If an employer retaliates against you because of your filing a complaint or because of your participation in a lawsuit against the employer, you have a legal right to sue your employer for retaliation. Illinois law prohibits employers from retaliating against employees who exercise their right to file complaints with the Illinois Department of Labor or participate in any action or proceeding under federal or state labor laws or regulations. If an employer retaliates against an employee because they filed a complaint or because they participated in a lawsuit against the employer, they are breaking the law and they can be sued by the employee for retaliation. You should be aware that Illinois law does not protect you if you are not retaliated against under the law. You must be retaliated against under the law to file a retaliation lawsuit against your employer.
There are several instances in which it is lawful to file a claim against your employer. If you feel as though one of the above situations has occurred at your workplace, you should speak to a legal representative to determine your rights and what steps you should take next.
