Wrongful Termination in Illinois (2026): Laws, Deadlines, How to File

Illinois is an at-will employment state, so a firing is wrongful only when it breaks a specific statute, an employment contract, or the narrow common-law tort for retaliatory discharge. The main state law is the Illinois Human Rights Act (IHRA), which makes it a civil rights violation for an employer to discharge someone on the basis of unlawful discrimination, citizenship status, work authorization status or family responsibilities (775 ILCS 5/2-102(A)).

Illinois gives fired workers more routes than many states. The IHRA reaches employers with as few as one employee, the IDHR charge window is 2 years, the Whistleblower Act was rewritten in 2025, and the courts recognize a retaliatory discharge tort. The deadlines to sue after an agency decision, though, are short. To compare other states, see our guide to wrongful termination laws by state.

Information last verified on October 10, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Illinois law on wrongful termination: the Illinois Human Rights Act (775 ILCS 5), the Illinois Whistleblower Act (740 ILCS 174), the retaliatory discharge tort, and retaliation provisions in the Workers' Compensation Act, Jury Act, Election Code, Wage Payment and Collection Act, Paid Leave for All Workers Act and other Illinois statutes, with short notes on the federal laws that apply in Illinois. The full federal rules are on our wrongful termination laws by state guide. It does not cover severance pay or what a release can waive; see Illinois severance pay laws. It does not cover Chicago or Cook County ordinances, or civil-service and union grievance rules for public employees.

Is Illinois an at-will state?

Yes. We found no just-cause statute covering Illinois private employers, so employment is at-will subject to the statutory, contract and tort exceptions below, and the Illinois Supreme Court describes the retaliatory discharge exception as "limited and narrow" (Turner v. Memorial Medical Center, 233 Ill. 2d 494 (2009)). For how the doctrine works day to day, see Illinois at-will employment laws.

So the useful question after a firing in Illinois is not whether it was fair, but whether it broke one of the laws below.

Grounds for a wrongful termination claim in Illinois

Discrimination under the Illinois Human Rights Act

Section 2-102(A) makes it a civil rights violation for an employer to "refuse to hire, to segregate, to engage in harassment ... or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment on the basis of unlawful discrimination, citizenship status, work authorization status, or family responsibilities."

"Unlawful discrimination" is defined in section 1-103 as discrimination because of actual or perceived:

• race, color, religion, national origin or ancestry;
• age (40 and over);
• sex, sexual orientation, pregnancy or reproductive health decisions;
• marital status or order of protection status;
• disability;
• military status or unfavorable discharge from military service.

The IDHR's employment-rights page also lists language, arrest record and conviction record (with limitations).

Who is covered. The IHRA applies to any person employing one or more employees within Illinois during 20 or more calendar weeks within the calendar year of, or before, the violation (775 ILCS 5/2-101(B)(1)(a)). For disability, pregnancy and sexual harassment claims, one employee is enough with no 20-week test, and the State and local governments are covered regardless of size (2-101(B)(1)(b), (c)). That reach goes far below the federal floor: Title VII applies to employers with 15 or more employees (42 U.S.C. 2000e(b)) and the federal age law to employers with 20 or more (29 U.S.C. 630(b)).

Artificial intelligence in employment decisions. Since January 1, 2026, section 2-102 also makes it a civil rights violation for an employer to use artificial intelligence that has the effect of subjecting employees to discrimination on a protected basis, to use zip codes as a proxy for protected classes, or to fail to give notice that it uses AI (P.A. 103-804). The IDHR is directed to adopt rules on it.

Retaliation for opposing discrimination

Section 6-101(A) makes it a civil rights violation to retaliate against a person who "opposed or reported conduct that the person reasonably and in good faith believes to be prohibited" under the Act, or who "made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing" under it, or who "requested, attempted to request, used, or attempted to use a reasonable accommodation as allowed by this Act" (6-101(A)(iii)). A retaliation claim follows the same IDHR charge process and deadlines as a discrimination claim.

The retaliatory discharge tort (public policy)

Illinois courts recognize a lawsuit for a firing that violates public policy. In Kelsay v. Motorola, Inc., 74 Ill. 2d 172 (1978), the Illinois Supreme Court held that a cause of action exists for retaliatory discharge when an employee is fired for filing a workers' compensation claim. Palmateer v. International Harvester Co., 85 Ill. 2d 124 (1981), extended the tort beyond workers' compensation: the discharge must be in retaliation for the employee's activities and contravene a "clearly mandated public policy," which is found in the state's constitution and statutes and, when they are silent, in its judicial decisions.

Turner (2009) restated the three elements: the employer discharged the employee, in retaliation for the employee's activities, and the discharge violates a clear mandate of public policy. The court added that "A broad, general statement of policy is inadequate." Kelsay and Palmateer treated punitive damages as available in later retaliatory discharge cases.

Discrimination claims go through the IHRA. If a tort claim is inextricably linked to a civil rights violation under the IHRA, with no independent basis for liability apart from the Act, it must go through the IHRA process (Geise v. Phoenix Co. of Chicago, 159 Ill. 2d 507 (1994), as clarified in Maksimovic v. Tsogalis, 177 Ill. 2d 511 (1997)). The statute says no Illinois court "shall have jurisdiction over the subject of an alleged civil rights violation other than as set forth in this Act" (775 ILCS 5/8-111(D)).

Whistleblowing: the Illinois Whistleblower Act

The Whistleblower Act was substantially rewritten effective January 1, 2025 (P.A. 103-867). Under 740 ILCS 174/15, an employer may not take retaliatory action against an employee who discloses or threatens to disclose information:

• to a public body conducting an investigation, or in a court or administrative proceeding;
• to a government or law enforcement agency; or
• to a supervisor, principal officer or board member,

when the employee has a good-faith belief that the activity violates a State or federal law, rule or regulation, or poses a substantial and specific danger to employees, public health or safety. Section 174/20 also protects an employee who refuses to participate in an activity the employee believes would violate the law.

Section 174/30 allows a civil action for relief that makes the employee whole, including reinstatement with seniority, back pay with interest, front pay, liquidated damages of up to $10,000, costs and reasonable attorney's fees, and a $10,000 civil penalty payable to the employee. The Attorney General may also bring or join a case (174/31). The Act's sections do not state a filing deadline for the civil action; courts decide which general limitations period applies, so get legal advice promptly. For more, see Illinois whistleblower laws.

Retaliation for a workers' compensation claim

Section 4(h) of the Workers' Compensation Act makes it unlawful for an employer "to discharge or to threaten to discharge, or to refuse to rehire or recall to active service in a suitable capacity an employee because of the exercise of his or her rights or remedies" under the Act (820 ILCS 305/4(h)). The section names no damages remedy of its own; the claim is the retaliatory discharge tort recognized in Kelsay. In Zimmerman v. Buchheit of Sparta, Inc., 164 Ill. 2d 29 (1994), the Illinois Supreme Court declined to extend the tort to a retaliatory demotion. For the benefits side, see Illinois workers' compensation laws.

Other Illinois laws that bar retaliatory firing

• Jury service: "No employer shall discharge, threaten to discharge, intimidate or coerce any employee by reason of the employee's jury service" (705 ILCS 305/4.1(b)). An employer that violates this after reasonable notice (a copy of the summons within 10 days of issuance) may be charged with contempt, is liable for lost wages and benefits, and may be ordered to reinstate the employee (4.1(c)).
• Wage complaints: firing an employee for complaining about unpaid wages under the Wage Payment and Collection Act, or for starting or testifying in a proceeding, is a Class C misdemeanor, and the employee may recover all appropriate legal and equitable relief through a claim with the Illinois Department of Labor or a civil action, but not both (820 ILCS 115/14(c)).
• Paid leave: under the Paid Leave for All Workers Act, effective January 1, 2024, an employer may not take adverse action against an employee for exercising or attempting to exercise rights under the Act (820 ILCS 192/25). A complaint to the Department of Labor is due within 3 years after the violation (820 ILCS 192/30(b)).
• Off-duty lawful products: an employer may not refuse to hire or discharge someone because the person uses lawful products off the premises during nonworking and non-call hours, with exceptions for certain non-profits and for use that impairs job performance (820 ILCS 55/5).
• Voting time: employees entitled to take up to 2 hours off to vote, after applying before election day, may not be penalized for it (10 ILCS 5/17-15(a)). The section states no private remedy.
• Wage garnishment: an employer may not discharge or suspend an employee because earnings were subject to a deduction order for any one debt; a violation is a Class A misdemeanor (735 ILCS 5/12-818).
• Military service: the Illinois Service Member Employment and Reemployment Rights Act (330 ILCS 61/5-5) builds on the federal USERRA protections, and military status is also an IHRA protected class.

Employee handbooks and implied contracts

An Illinois handbook can create an enforceable promise. In Duldulao v. Saint Mary of Nazareth Hospital Center, 115 Ill. 2d 482 (1987), the Illinois Supreme Court held that "an employee handbook or other policy statement creates enforceable contractual rights if the traditional requirements for contract formation are present." Three things are needed:

1. the language contains a promise clear enough that an employee would reasonably believe an offer has been made;
2. the statement is given to the employee in a way that makes the employee aware of it and reasonably believe it is an offer; and
3. the employee accepts by starting or continuing to work.

The handbook in Duldulao contained no disclaimer.

No separate claim for "bad faith" firing

An Illinois appellate court held in Martin v. Federal Life Insurance Co., 109 Ill. App. 3d 596 (1st Dist. 1982), that the implied covenant of good faith "is essentially used as a construction aid in determining the parties' intent" and that Illinois law does not recognize a tort remedy for an employer's bad-faith breach of it.

Constructive discharge in Illinois

Quitting because of intolerable conditions is treated differently depending on the claim. For the retaliatory discharge tort, the Illinois Supreme Court has not endorsed constructive discharge: Zimmerman (1994) repeated the court's earlier statement that "we are not now endorsing the constructive discharge concept." For IHRA claims, the IDHR's employment-rights page lists constructive discharge among the employer conduct the Act covers.

Wrongful termination deadlines in Illinois

The 300-day federal figure comes from the EEOC's Chicago District Office and St. Louis District Office pages, which both list Illinois. Each discrete act, such as a demotion and then a firing, usually has its own deadline (EEOC, Time Limits for Filing a Charge).

A few federal clocks run alongside: a federal workplace-safety retaliation complaint goes to OSHA within 30 days (29 U.S.C. 660(c)(2)), a labor-law charge to the NLRB within six months (29 U.S.C. 160(b)), and a federal family-leave lawsuit within 2 years, or 3 if willful (29 U.S.C. 2617(c)).

How to file a discrimination charge in Illinois

1. File a charge with IDHR within 2 years. The charge must be in writing under oath or affirmation (775 ILCS 5/7A-102(A)(1)). The IDHR explains its process on its charge process page. You can file with the EEOC instead within 300 days, and the charge is deemed filed with IDHR on that date (7A-102(A-1)(1)).
2. Decide whether to opt out of the investigation. A complainant may opt out of IDHR's investigation within 60 days after receiving notice of the right to opt out, and then has 90 days after the Director's notice to sue in circuit court (7A-102(C-1)).
3. Watch the 90-day window after IDHR's decision. If IDHR dismisses for lack of substantial evidence, you have 90 days after receiving the notice to request Commission review or to sue in circuit court (7A-102(D)(3)). If it finds substantial evidence, you have 90 days to sue, or you can ask IDHR in writing within 30 days to file a complaint with the Commission (7A-102(D)(4)). Choosing the Commission route bars a later circuit-court suit.
4. If IDHR runs past 365 days. If IDHR has not issued its report within 365 days of the charge, or an agreed extension, you have 90 days to file with the Commission or sue in circuit court (7A-102(G)(2)).
5. Serve IDHR if you sue. A complainant who sues must serve a copy of the circuit-court complaint on IDHR's chief legal counsel within 21 days. The case is filed in the county where the violation allegedly occurred (7A-102(F)(2)(i)).

To file a federal charge, the EEOC asks people to start through the EEOC Public Portal and to call 1-800-669-4000 if a deadline is near.

For readers whose employer has fewer than 15 employees (fewer than 20 for an age claim), the EEOC's office pages say the charge must be filed with the state or local agency within the state's time limit, but they give different Illinois figures: the Chicago office lists 180 days and the St. Louis office lists 300 days (EEOC Chicago District Office, Timeliness; EEOC St. Louis District Office, Timeliness). Those office pages appear to predate a 2025 change: P.A. 103-973 extended the IDHR charge period from 300 days to 2 years effective January 1, 2025 (IDHR announcement; 775 ILCS 5/7A-102(A)(1)). Filing as early as you can is still the safest course, especially for a firing that happened before 2025.

What an Illinois court or the Commission can award

Section 8A-104 lists the relief the Human Rights Commission may order, and under section 8-111(A)(4) a circuit court or jury in an employment case may award any of the same remedies. They include:

• hiring, reinstatement or upgrading "with or without back pay" (8A-104(C));
• "actual damages, as reasonably determined by the Commission, for injury or loss suffered by the complainant" (8A-104(B));
• all or part of the costs of the action, "including reasonable attorney fees and expert witness fees" (8A-104(G)); and
• relief that makes the complainant whole, including interest on actual damages and back pay from the date of the violation (8A-104(J)).

The statute's relief list does not include punitive damages. Since January 1, 2026, the Commission can also order a civil penalty "to vindicate the public interest" of up to $16,000 when the employer has no prior adjudged violation, up to $42,500 when it had one other violation in the prior 5 years, and up to $70,000 when it had two or more in the prior 7 years (8A-104(K), added by P.A. 104-425).

Federal Title VII caps combined compensatory and punitive damages at $50,000 to $300,000 depending on employer size (42 U.S.C. 1981a(b)(3)); see the wrongful termination guide for the tiers.

Your personnel file after a firing

Illinois has a Personnel Record Review Act. It covers employers with 5 or more employees, and "employee" includes "a former employee who has terminated service within the preceding year" (820 ILCS 40/1). On a written request, which can be an email or text, the employer must let you inspect and copy documents used to decide qualifications, promotion, compensation, benefits, discharge or discipline, along with your employment contract, handbooks you acknowledged and written policies (820 ILCS 40/2(a), (b)). The employer must comply within 7 working days, or 7 more calendar days if it shows it cannot meet the deadline, and may charge only the actual cost of copying (40/2(d)).

We did not find an Illinois statute requiring a private employer to give a fired worker a written reason, in the employment statutes we reviewed, so the personnel file may be where the stated reason is recorded.

Practical steps after a firing in Illinois

Write down the date you were fired, who told you, the reason given and any complaints you made before it, and keep copies of texts, emails, reviews and the termination notice. Request your personnel file within the year. Note the date you receive any IDHR notice, because the 90-day windows to sue run from receipt.

If the employer offers money in exchange for a release, read it before signing, because a release can give up the claims on this page. Our Illinois severance pay laws page covers what those agreements can require.

Illinois law changes in 2025 to 2027

• P.A. 103-973 (effective January 1, 2025): extended the deadline to file an IDHR charge from 300 days to 2 years.
• P.A. 103-867 (effective January 1, 2025): rewrote the Whistleblower Act, adding protection for internal disclosures, the remedies in section 30, Attorney General enforcement and a criminal penalty section.
• P.A. 104-440 (effective December 9, 2025): amended Whistleblower Act sections 5 and 15, adding protection for disclosures under the Illinois Bivens Act.
• P.A. 104-425 (effective January 1, 2026): added the Commission's civil penalty tiers and made IDHR fact-finding conferences discretionary, for charges pending or filed on or after January 1, 2026.
• P.A. 103-804 (effective January 1, 2026): added the artificial-intelligence provisions in section 2-102.
• P.A. 104-465 (effective July 1, 2026): amended section 7A-102 so that subpoenas issue through a Commission member, with technical edits; the 2-year charge deadline did not change.
• P.A. 104-538 (signed July 6, 2026, effective January 1, 2027): adds whistleblower protections for employees of frontier artificial-intelligence developers and amends section 174/15.
• P.A. 104-683 (effective January 1, 2027): requires employers with more than 25 employees to pay employees their regular rate for time on jury duty (705 ILCS 305/4.1(g)).
• P.A. 104-793, Illinois Menopause Equity and Care Act (signed August 7, 2026, effective January 1, 2027): adds a definition of menopause-related condition to the IHRA and states that the pregnancy accommodation right includes reasonable accommodations for menopause-related conditions.
• P.A. 104-744, Civil Rights Safeguard Act (signed July 31, 2026, effective June 1, 2027): defines unlawful discrimination as discrimination "whether by purpose or effect" and adds section 2-103.5, making it a civil rights violation for an employer to use criteria or methods that have the effect of subjecting people to discrimination on listed bases, including arrest and conviction record, with a business-necessity defense.

We did not check bills pending in the fall 2026 veto session or prefiled for 2027.

Related

• Wrongful termination laws by state
• Illinois at-will employment laws
• Illinois whistleblower laws
• Illinois severance pay laws
• Illinois workers' compensation laws

Disclaimer: This article provides general legal information about Illinois wrongful termination law (the Illinois Human Rights Act, the Illinois Whistleblower Act, the retaliatory discharge tort and related Illinois statutes) and the federal laws that apply in Illinois. It is not legal advice. The information was verified on October 10, 2026. For advice about your situation, contact the Illinois Department of Human Rights, a legal aid office or a lawyer licensed in Illinois.

Last updated: October 10, 2026.

Frequently Asked Questions

Can I sue for wrongful termination in Illinois?

Only if the firing broke a specific law or contract, because Illinois employment is at-will. The main routes are the Illinois Human Rights Act (775 ILCS 5/2-102), the Whistleblower Act (740 ILCS 174/15) and the retaliatory discharge tort recognized in Kelsay v. Motorola (1978) and Palmateer v. International Harvester (1981).

How long do I have to file a discrimination charge in Illinois?

Under the current text of 775 ILCS 5/7A-102(A)(1), a charge must be filed with the Illinois Department of Human Rights within 2 years after the violation. A federal charge with the EEOC is due within 300 days, and an EEOC charge filed in that window is treated as filed with IDHR (7A-102(A-1)).

Is the IDHR deadline 300 days or 2 years?

The current text of 775 ILCS 5/7A-102(A)(1) gives 2 years to file with IDHR. The 300-day figure is the EEOC's window, and an EEOC charge filed within 300 calendar days is deemed filed with IDHR on the same date.

Does the Illinois Human Rights Act cover small employers?

Yes. It covers anyone employing one or more employees in Illinois during 20 or more calendar weeks in the year of or before the violation, and one employee is enough for disability, pregnancy and sexual harassment claims (775 ILCS 5/2-101(B)(1)).

Can I be fired in Illinois for filing a workers' compensation claim?

No. 820 ILCS 305/4(h) makes it unlawful to discharge an employee for exercising rights under the Workers' Compensation Act, and the Illinois Supreme Court recognized a retaliatory discharge lawsuit for that firing in Kelsay v. Motorola (1978).

How long do I have to sue for retaliatory discharge in Illinois?

No statute names a period for the tort itself. An Illinois appellate court held that the 5-year period for civil actions not otherwise provided for (735 ILCS 5/13-205) applies (Henon v. Lever Bros., 1983). If the employer is a local government, a 1-year period under the Tort Immunity Act (745 ILCS 10/8-101(a)) may apply: one appellate court applied it (Halleck v. County of Cook, 1994) and another held it does not apply to a workers' compensation retaliation claim (Collins v. Town of Normal, 2011). We did not find an Illinois Supreme Court ruling on the point, so act well before either period.

Does an employee handbook protect me from being fired in Illinois?

It can. In Duldulao v. Saint Mary of Nazareth Hospital Center (1987), the Illinois Supreme Court held that a handbook creates enforceable rights if it contains a clear promise, is given to the employee so the employee reasonably believes it is an offer, and the employee starts or keeps working.

Can I get my personnel file after being fired in Illinois?

Yes, if you left within the preceding year and the employer has 5 or more employees. The Personnel Record Review Act lets you request, in writing, to inspect and copy records used in decisions such as discharge, and the employer generally has 7 working days to comply (820 ILCS 40/1, 40/2).

Can I be fired in Illinois for jury duty?

No. 705 ILCS 305/4.1(b) bars discharging an employee by reason of jury service, and an employer who violates it after reasonable notice is liable for lost wages and benefits and may be ordered to reinstate the employee.