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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20395
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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Hello, my name is XXXXX XXXXX I believe I was wrongfully terminated

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Hello, my name is XXXXX XXXXX I believe I was wrongfully terminated yesterday from my job yesterday. I believe I have a case. I have left 3 messages for lawyers in my area. Can I get advice here?

Thank you for contacting JustAnswer. This is not a legal advice or legal opinion website. We are only allowed, per the Site TOS and our Bar ethics rules, to provide legal informaton related to the legal issue at hand since we cannot form an attorney-client relationship. That means we can discuss what the law of the State of Illinois,and Federal law, is as it relates to your issue and what your general options are, but not whether or not you can be successful in a law suit. That would, as I mentioned, require an attorney client relationship and a lot of information, including from the employer's perspective.

So, if you want to continue, then if you would provide some general background as to why you were terminated and whether or not you have a written contract that was violated in the termination, etc., I can assist you.
Customer: replied 4 years ago.
It was stated that job performance and attendance were the reasons. Feedback from all my directors was that my job performance was fine. In regards XXXXX XXXXX I have been late no more that 3 minutes every now and then and the sick/personal time off I have taken was within the 56 hours aloted per year and I had 3.5 days left and 9 days vacation left. I started writing down comments and behavior that my manager was exhibiting to me and gave that info to 2 of my directors that were appalled and up until last week told me i have nothing to worry about and the if my manager went to HR to get them involved as they had no problem with my performance and to watch out for attendance but knew that I had the right to use all my personal time if I wanted to per policy. I have a coworker still there that has several problems with same manager. I called HR yesterday after the fact and told her what the complete truth was and she is going to look at it further merely because last week I was told I had nothing to worry about and it changed. My manager has also been unethical in treatment of me and my coworker per the vision and mission of my co. There are many people that are aware of her behavior and I have testimonials as to that fact,including my sr. directors. When i talked to HR re: this yesterday she was unaware of all of this and it is clear to me that my manager did not want me there anymore, but i can say for certainty that the 4 directors and their staff of close to 300 are in shock and disbelief as to my termination. I loved my job and the people i support. the one common denoninator was my manager. that is a lot sorry
Customer: replied 4 years ago.
I do not have a written contract.
Hello again Beth and thank you for the additional information. I would still encourage you to speak to your attorney since they can delve deeper into the details, however, as I mentioned I can tell you what the legal issues are and what the law in general is in Illinois related to terminations.

As you may know, Illinois is what is known as an employment "at will" state. That means that either party may terminate the employment arrangement for any, or no, reason and with no notice or warning. However, employers may not terminate an employee in violation of an employment contract, or company policy, and may not target an employee for termination, or other adverse action, simply because that employee is a member of a protected class under employment discrimination laws or in retaliation for the employee exercising their rights under wage or discrimination laws.

So, I would say the only issues that might be open to you for pursuing a wrongful termination claim is if your employer violated their own policies regarding disciplinary or attendance policies, or if you are a member of a protected class and your manager targeted you for that reason. Otherwise, although unfair and perhaps arbitrary, the action would not be unlawful.

Again though I encourage you to follow up with HR, as you may be able to get reinstated if their investigations find irregularities. If not, then follow up with your local employment law attorney and discuss any irregularities in company policy application, etc.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
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