If the employer fires an employee as retaliation for engaging in a protected activity, the employer may be liable for retaliatory discharge and/or the Illinois Whistleblowers Act.
Average Retaliation Lawsuit Settlements SeverityAverage Settlement Amount Low Between $5,000 and $25,000 Medium Between $25,000 and $50,000 High Between $50,000 and $100,000
Again, there are three elements employees have to prove: First: The employee engaged in protected activity. Second: The employer took an adverse employment action against the employee. Third: The employer took against the employee because of the protected activity.
Collecting Relevant Evidence This can include emails, memos, performance reviews, or any other relevant documents that demonstrate the retaliation you're experiencing. Additionally, if there were any witnesses present during the incidents, consider asking them for statements to strengthen your case.
Although instances of retaliation aren't always simple to prove, it is far from an impossible feat. The best way to ensure you have a valid retaliation claim against your employer is to secure legal representation from an attorney who specializes in retaliation cases.
To prove retaliation, you must establish a causal connection between your protected activity and the adverse action taken by your employer. Provide evidence showing that the adverse action occurred shortly after you engaged in protected activity, demonstrating a direct link between the two events.
How to File A Complaint The name, address, and telephone number of the person who is being treated unfairly; The name, address, and telephone number of the employer you are filing the complaint against; A brief description of the event or events that you believe are unfair or harassing; and.
Simply put, the burden of proof lies with the complainant, who must demonstrate evidence supporting their discrimination claim. This involves presenting facts and sometimes witness testimonies to make a compelling case that the discrimination occurred.
⚖ If you believe you have a claim, you should contact a lawyer. Discrimination: An employee may file a complaint with the Illinois Department of Human Rights (IDHR). A complaint must be filed in writing within 180 days of the retaliatory action. If you believe you have a claim, you should contact IDHR immediately.
The name, address, and telephone number of the person who is being treated unfairly; The name, address, and telephone number of the employer you are filing the complaint against; A brief description of the event or events that you believe are unfair or harassing; and. The dates these events occurred.