Illinois is an employment-at-will state.

1. LAW AT THE LIBRARYEMPLOYEE RIGHTSANTOINETTE CHOATE Law Offices of Fern N. Trevino120 N. LaSalle Street, #1050Chicago, IL 60602(312) 630-4491achoate@chicagoemploymentlawyer.netwww.chicagoemploymentlawyer.net

2. PRIVATE INDUSTRY Most common illegal reasons: Discrimination Retaliation for engaging in “protected activity” Breach of contract PUBLIC (GOVERNMENT) Additional protections: Constitutional i.e. free speech Statutory i.e. Section 1983 i.e. Qui Tam Illinois is an employment-at-will state.

3. Today we will talk about: • Discrimination • Retaliation • Breach of contract • Tips on Do’s & Don’ts

4. Discrimination Requirements: • Member of protected class • Met employers legitimate expectations • Treated less favorably than similarly situated peers • Adverse action • Sexual Harassment • Quid Pro Quo • Hostile Work Environment • Severe OR • Pervasive AND • Employer knew or should have known

5. Discrimination Burden of proof: • Employees have the burden of proof • Courts permit employees to prove discrimination by showing: • (a) less favorable treatment than peers and • (b) that the reasons offered by the employer are not believable. OR • (c) evidence such as suspicious timing or ambiguous statements. • No cost to file charge • Investigator drafts charge • Caveats

6. Retaliation/Protected Activity What is protected activity? • Protected by law or public policy including: • Harm the health, safety or welfare of Illinois citizens • Claim for benefits due under the employer’s benefit plan • Reporting or complaining about sexual harassment • Reporting activity which defrauds the federal gov’t (Qui Tam)

7. Retaliation/Protected Activity An employee must prove: • (a) s/he engaged in protected activity; • (b) s/he was discharged; and • (c) there was a causal connection between the activity and the discharge. Examples: • Boss yelling at employees (No) • QC director of a meat-processing plant (Yes)

8. Breach of contract • If an employer agrees not to terminate an employee except for cause, or agrees to employ someone for a set period of time, the employer may be in breach of contract if it violates that agreement. Examples • Employer’s handbook • Collective bargaining agreement

9. Consulting an attorney Finding an attorney • Contact a professional organization and ask to be referred to an employment attorney • Chicago Bar Association Lawyer referral service • (312) 554-2001 • National Employment Lawyers Association • http://www.nela-illinois.net • Ask if the organization: • Screens attorneys on specialty referral panels and • How long an attorney must practice employment law to be on the employment law panel

10. Tips DO • Keep a diary • Sanitize your work area • Ask that rebuttals be placed in your file • Get names and phone numbers of potential witnesses • Remember the statutes of limitation • Keep your cool DON’T • Don’t keep the diary at work • Don’t take company property • Don’t volunteer admissions • Don’t quit your job without consulting an attorney

11. LAW AT THE LIBRARYEMPLOYEE RIGHTSANTOINETTE CHOATE Law Offices of Fern N. Trevino120 N. LaSalle Street, #1050Chicago, IL 60602(312) 630-4491achoate@chicagoemploymentlawyer.netwww.chicagoemploymentlawyer.net