Legal Question in Employment Law in Illinois

I know a person who got fired. He didn�t get a reason, when he tried to speak with the boss, the boss said told him to leave and that he doesn�t want to talk to him. When he went to unemployment the company lied and said he was threatening a co-worker. That is not true. We have been waiting an answer from unemployment to get an answer from the company for a little more than a month, so all the money he had is gone. He has a wife and two kids, and cant way for a lawyer. He doesn�t speak English. He had this job for 6+ years, was the supervisor along with one other person (the person he "threatened"), everyone loves him but doesn�t want to talk because they will lose their job, the boss has a close relationship with the person being "threatened", he hasn�t had one warning, he always came to work on time.. He overall was great at work, did nothing wrong, has no money, a family he needs to take care of and is being taken advantage of. What can he do, since he can�t afford a lawyer? He wants as much money as unemployment would give him-enough to support his family.


Asked on 12/02/11, 4:34 pm

1 Answer from Attorneys
Stephen Messutta

WIthout a firm work contract, union collective bargaining agreement or other restrictions, Illinois is an "at will" employment state, meaning the employer can fire at any time with or without reason, and the worker can quit at any time with or without reason. There are some improper grounds for dismissal, including age, race, etc. Your "friend" should file a complaint with the EEOC and if they investigate and find cause will issue a letter allowing a lawsuit. Alternately your "friend" should see a lawyer directly and feel free to take you along if language is a barrier. For indigent cases, the local bar association may be able to provide referrals for free ("pro bono") lawyers, a lawyer MAY take this on contingency if it makes sense, or there are legal clinics that may help "for free". Otherwise, with 6 years on the job he should qualify for unemployment compensation and should apply for same, which could provide some income in the meantime.

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Answered on 12/06/11, 9:27 am


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