1. If your employer has made the decision to terminate you, you may suddenly be escorted from the building. If you believe you are about to be terminated, be sure to sanitize your workspace. For example, delete your personal email from the computer and remove your personal pictures, calendars, letters, etc. from your desk. If you have files, employee handbooks, commendations, etc. that belong to you, start taking them home now.
2. Do not delete anything from your computer or remove anything from the workplace that does not belong to you. Do not access records that you are not authorized to access. Those acts alone may be cause for discharge, and any claim you may have against your employer may be lost. You may want to seek advice from an attorney as to whether certain documents belong to you before removing them.
3. If you are thinking about quitting your job because you are about to be terminated, consider consulting an attorney first. Any claim you may have against your employer for wages may be lost or diminished if you quit.
4. Remember that Illinois is an employment at-will state, which means that your employer may terminate you for any reason at all, other than an illegal reason. There is no law against unfairness.
5. Even if your employer has treated you harshly, do not do or say anything that could be construed as cause for discharge. If your employer engages in rude or hostile behavior towards you, do not say or do anything that you would not want a judge or jury to hear about.
6. If you believe you have been the victim of discrimination or some other type of illegal conduct on the part of your employer or a co-worker, remember that statutes of limitations apply, which means that claims must be filed within a specified period of time or they will not be actionable. For example, to file a charge of discrimination with a City, County or State agency, you must file within 180 days from the time you knew or should have known that you were discriminated or retaliated against. In Illinois, the limitations period for filing with the Equal Employment Opportunity Commission (EEOC) is 300 days.
7. If you believe that you are the victim of illegal conduct on the part of your employer, contact your family attorney immediately and ask him/her to refer you to an employment lawyer. Alternatively, contact one of the bar associations and ask to be referred to an employment lawyer. Ask whether the bar association screens attorneys on its specialty referral panels and how long an attorney must practice employment law to be on that panel.
8. During the time you are employed and for the first year after you leave an employer, you are entitled to a copy of your personnel records within seven days of your employer's receipt of your written request. If your employer refuses to comply with your request, report it to the Illinois Department of Labor (IDOL).
9. If your employer tells you that you will be terminated if you do not resign, most likely you will be entitled to unemployment compensation unless you have engaged in some type of misconduct.
10. Remember that you cannot control what others do, but you can control what you do. That means that you can exercise some control over how you feel about your termination. If you were terminated even though you did a good job for your employer, remind yourself daily that employees are often terminated for reasons that have nothing to do with their abilities, performance, or worth.
This article is designed for general information only. The information presented is not formal legal advice nor does it create an attorney/client relationship.
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