Retaliatory Discharge
At Donald W. Fohrman & Associates, Ltd.,
our employment attorneys have the experience and knowledge to
investigate, and where legally appropriate, successfully prosecute
Retaliatory Discharge lawsuits.
The following is intended to provide the injured and
disabled with basic information regarding their rights and remedies
under the Retaliatory Discharge laws.
Frequently
Asked Questions About Retaliatory Discharge
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What is a Retaliatory Discharge lawsuit?
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What type of damages can I recover if I am successful
in a Retaliatory Discharge lawsuit?
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Are there any time limitations for the filing of a
Retaliatory Discharge lawsuit?
-
If I was fired a short time after receiving Workers'
Compensation benefits, do I automatically have a viable Retaliatory
Discharge lawsuit?
-
What steps can I take to assist my attorney to protect
and maximize my recovery in a Retaliatory Discharge lawsuit?
-
Do I have any legal obligation after my Retaliatory
Discharge lawsuit is filed?
-
When should I contact an attorney after being fired for
exercising my rights to receive Workers' Compensation benefits?
1.
What is a Retaliatory Discharge lawsuit?
A. Section
4(h) of the Illinois Workers' Compensation Act provides, "it shall be
unlawful for any employer to coerce or discriminate against, harass,
refuse to rehire or recall, fire or threaten to fire or force to resign"
any worker in retaliation for filing a Workers' Compensation claim.
Should your employer fire or in some manner forces you to resign, you
have the right to file what is known as a Retaliatory Discharge lawsuit.
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2.
What type of damages can I recover if I
am successful in a Retaliatory Discharge lawsuit?
A. You could
recover substantial monetary damages for:
-
back pay;
-
future lost
wages;
-
mental
anguish;
-
attorney's
fees;
-
punitive
damages;
If it can be
proven that your employer fired you in retaliation for filing a Workers'
Compensation claim. As opposed to Workers' Compensation awards, there
are no limits on the amount of monetary damages you could recover from
your employer in a Retaliatory Discharge lawsuit.
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3.
Are there any time limitations for the
filing of a Retaliatory Discharge lawsuit?
A. These
lawsuits must be filed in the Circuit Court within two (2) years from
the date of termination. Failure to do so will forfeit any rights you
may have had under Section 4(h) of the Illinois Workers' Compensation
Act.
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4.
If I was fired a short time after
receiving Workers' Compensation benefits, do I "automatically" have a
viable Retaliatory Discharge lawsuit?
A. No. The simple fact that you were fired after
applying for or receiving Workers' Compensation benefits, is not, in
itself, sufficient. You must present evidence proving that the firing
was a "direct result" of or in retaliation for filing a Workers'
Compensation claim.
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5. What steps
can I take to assist my attorney to protect and maximize my recovery in
a Retaliatory Discharge lawsuit?
A. If you
"sense" that your employer is "getting ready" to fire you as a result of
your applying for or receiving Workers' Compensation benefits, you
should:
-
File an
Application for Adjustment of Claim with the Illinois Industrial
Commission as soon as possible. The filing of this form will
effectively negate any defense by your employer that they were "not
aware that you had filed for Workers' Compensation benefits when you
were fired."
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Keep a daily
diary recording all events and conversations which could be relevant
to document your Retaliatory Discharge claim.
-
Collect and
preserve all written communications you may have received from your
employer. Employers will frequently make threatening or other types of
incriminating statements to you in the presence of your fellow
workers. A fellow worker may indicate a willingness to attest to such
statements made by your employer. You should attempt to secure a
written or recorded statement from any fellow workers who are witness
to any comments by your employer regarding your employment status.
After a lawsuit is filed they cannot be relied upon to verify any
statements made by your employer for fear of jeopardizing their own
job.
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6.
Do I have any "legal obligation" after my
Retaliatory Discharge lawsuit is filed?
A. Yes. After being fired, the law requires you to
mitigate your damages. You must attempt to lessen the amount of lost
wage damages resulting from the unlawful termination by using your best
efforts to secure a new job. You can't just sit at home waiting for the
court to award your damages. You should document, in detail, your job
search activities as proof that you have attempted to lessen your lost
wage damages.
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7.
When should I contact an attorney after
being fired for exercising my rights to receive Workers' Compensation
benefits?
A. As soon as
possible after being fired. The sooner we begin the investigative
process and take steps to preserve critical evidence (i.e. secure
statements of "friendly" witnesses, etc.) the greater the likelihood
that we will be able to successfully resolve your Retaliatory Discharge
lawsuit.
If you believe
that you were fired in retaliation for filing a Workers' Compensation
claim, contact our office for a free, no obligation telephone
consultation with one of our experienced Employment Discrimination
attorneys or use our convenient "Do I
have a case?" submission form.
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