Hello again and thank you for your reply, it was very helpful. You would have not been eligible for the 12 week job protection provided by FMLA because your employer has less than 50 employees. In addition, the Americans with Disabilities Act, which provides some protection from discrimination
on the basis of an employee's disability (temporary or permanent), does not apply to employers with fewer than 15 employees. The one bit of good news here is that Illinois law does protect employees from discrimination on the basis of a disability even if the employer only has one employee. All that said, Illinois is an employment "at will
" state, which means that an employer can terminate an employee for any, or no, reason and with no notice or writing unless the termination
would violate a contract or employment discrimination law. The law allows for termination of an employee who cannot meet attendance requirements. In other words, if they can't work, an employer may terminate them as long as they would terminate any employee, whether disabled, sick, or not, for missing the same amount of work as you did. Therefore, unless there is evidence that your employer was in the habit of giving other employees indefinite leave with the ability to retain their job, there would not be a cause of action for wrongful termination
tied to discrimination (which would be the only type of wrongful termination open to you because of the "at will" rule.) If you do believe there is such evidence, then you can file a discrimination complaint with the Illinois Department of Human Rights and then speak to a local employment law
attorney about whether you want to wait for the State to try to resolve the issue or you want to file suit. Please feel free to ask for clarification. I would be glad to assist you further if I can.