What Should I Do If I Think My Employer May Not Be Treating Me Fairly?

First Steps: What to Do (and Not Do)

The short answer, of course, is to consult an attorney. Many employment claims must be filed within short time frames, so don't wait too long. But there are some steps you can take first to help your case.

1. Stay calm: No matter how much you may want to call your boss a so-and-so on your way out the door, tell everyone still working there how badly you were treated, or post criticisms on facebook, these things can hurt any claims you might have and expose you to liability.

2. Don't sign anything: Employers sometimes offer employees they are firing a severance package in exchange for the employee signing a release, indicating they will not sue the employer. You should have an attorney review the document before signing. Ask your employer for time to review the agreement and have an attorney review it. Your employer may demand that you sign immediately to receive the severance. This is a sure sign that they may be trying to get you to release claims.

Can I Still Sue If I Signed a Severance Agreement?

If you signed a severance agreement waiving your claims, don't despair. Some claims cannot be waived:

Unpaid wages or benefits: You can still sue for unpaid wages, overtime, or benefits owed under state or federal law.

Workers' compensation claims: These claims usually cannot be waived.

Discrimination claims (EEOC/State Agency): Even if you waive the right to sue, you can still file a charge with the EEOC or state human rights agency.

Retaliation or whistleblower claims: Some claims that the employee was wrongly fired for disclosing something improper the employer was doing cannot be waived.

Fraud or coercion: If you were forced to sign or the employer misrepresented key facts, the agreement could be invalid.

Older Workers Protection (OWBPA) violations: If you are 40+ years old, your waiver of age discrimination claims must meet specific legal requirements. You also must be given 21 days to review the agreement before signing (45 if it is part of a mass layoff) and 7 days to revoke the agreement after signing.

How to Gather Evidence for Your Claim

3. Ask for a copy of your personnel file: If you are a current or former employee who left within the last year, you must be allowed to look at, copy, or receive copies of your personnel file.

Your request for a copy of your personnel file must be made in writing but can be sent in a letter, email, or text message. Your request must include:

• The personnel records you are requesting, or if you are requesting all records that can be requested under the law (request all of it);
• Whether you are requesting to inspect, copy, or receive copies of the records (get a copy you can keep);
• Whether you want to receive the copies in hardcopy or electronically (either is fine as long as they are in a format you can access); and
• If a representative (or someone helping you like a lawyer, union official, family member, or translator) will be inspecting, copying, or receiving your records.

Your request must be made to the person responsible for maintaining your personnel records. This may be the company's human resources department or payroll department, your supervisor or department manager, or an individual designated by your employer in a written policy. It is always possible that different parts of your personnel records are in different places, so it is best to request them from multiple sources. The payroll department may have your payroll records while any disciplinary record may be with human resources and records of promotions and awards may be with your supervisor. Send the request to all of them.

4. Write it down: Write down everything you can remember about the facts of your potential claim and make a timeline if you can. Any time you talk to anyone at the employer take notes. Writing down specific dates, names, inappropriate things said or done to you, and your employer's response to complaints can be very helpful if you need to file a claim.

Frequently Asked Questions

How long do I have to file an employment claim in Illinois?

The time limit (statute of limitations) varies significantly depending on your claim. For example, you generally have 300 days to file discrimination charges with the EEOC or the Illinois Department of Human Rights (IDHR). However, claims for unpaid wages may have a different deadline. It is critical to contact an employment attorney immediately to ensure you do not miss a deadline.

What counts as "wrongful termination" in Illinois?

Illinois is an "at-will" employment state, which means an employer can fire you for any reason, or no reason at all, as long as it is not an illegal reason. An illegal reason (wrongful termination) includes being fired based on discrimination (e.g., your race, sex, age, disability), for taking protected medical leave, or in retaliation for reporting illegal activity (whistleblowing).

What should I look for in a severance agreement?

The most important part is the "release of claims," where you agree not to sue your employer. You should also look for non-compete, non-disclosure, and non-disparagement clauses that could limit your future. Never sign a severance agreement without having an experienced Illinois employment lawyer review it first.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.