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I was eating my lunch on Thursday (I clocked out at 11:37…

I was eating my...

I was eating my lunch on Thursday (I clocked out at 11:37 am) at my desk in my office. At approximately 11:50 am, my door opens and my boss says I know you at lunch (a little irate) I want to tell you that Sandra just walked out and I don't know if she'll be back because of your nasty email. Some words exchanged and as he was shutting the door I said you should have had the balls to come and tell me the changes. He swung the door back open and said pointing to the front door get out! you are fired! Can I be fired while on lunch for speaking my mind?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Illinois

Lawyer's Assistant: Has anything been filed or reported?

I haven't filed any paperwork.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of.

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Answered in 5 minutes by:
3/10/2018
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 30,898
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good morning. I am sorry to say but Yes, you could be possible as a result of what happened with your boss and the exchange of words.

Illinois is an at-will employment state. Generally, that means that employers can terminate an employee for any reason at all except an illegal reason. One exception to the employee-at-will doctrine is a common law action of retaliatory discharge. To proceed under this claim, certain criteria must be met. First, the employee must prove that he was discharged. Second, the discharge must be found to be in retaliation against the employee for his having engaged in activity that is protected by law or public policy. Third, the discharge must violate a clear mandate of public policy. To properly assert a claim of a retaliatory discharge, the public policy the plaintiff puts forth must clearly reflect the citizen's social right and duties.

For an element of public policy to be considered valid support for a retaliatory discharge claim, the policy must be specifically relevant to the claim at hand, and something more than private interests must be at stake. Two situations where Illinois courts have found the "clear mandate of public policy" requirement to be met are: 1) where an employee is fired for asserting a workers' compensation claim, and 2) where an employee is fired for refusing to engage in illegal conduct or for reporting others' illegal conduct.

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Customer reply replied 1 month ago
I was on my lunch hour. Which means I wasn't on work time. So firing can still happen to me?

Your employer can fire you without any reason at all. That is what at-will employment allows, so even if it was your day off, if your boss decided he no longer wanted you employed, he could end the employer/employee relationship I am sorry to say. The fact that you were on your lunch break does not mean he cannot fire you if he wanted to.

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Customer reply replied 1 month ago
Got it. Thanks

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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