Skip to content

Wrongful Termination in Illinois

Reviewed by DocDraft Legal Team - Illinois - Last updated November 12, 2026

Wrongful termination in Illinois starts from at-will employment, which the Illinois Supreme Court describes as allowing discharge at any time and for any reason, but an employer may not discharge an employee when a clear mandate of public policy is involved. Under the Illinois Human Rights Act, a charge may be filed with the Department of Human Rights within 2 years after the alleged civil rights violation, and the act covers employers with 1 or more employees in Illinois during 20 or more calendar weeks in the current or preceding calendar year. Final compensation is due at separation if possible, and no later than the next regularly scheduled payday.

Find out where you stand in Illinois

DocDraft provides document preparation, not legal advice.

What counts as wrongful termination in Illinois?

Illinois employment is generally at-will, but the Illinois Supreme Court has held that an employer may not discharge an employee when a clear mandate of public policy is involved. Illinois courts also recognize that handbook provisions can form a binding contract. A firing is wrongful when it breaks a statute, such as the Human Rights Act, or a contract.

Where do you file a discrimination complaint in Illinois, and by when?

File with the Department of Human Rights within 2 years after the alleged civil rights violation. The act covers employers with 1 or more employees in Illinois during 20 or more calendar weeks in the current or preceding calendar year. EEOC charges (15+ employees, 20+ for age) are due within 300 days from the date of harm.

When can you sue under the Illinois Human Rights Act?

If the Department of Human Rights does not issue its report within 365 days, the complainant has 90 days to either file a complaint with the Human Rights Commission or commence a civil action in circuit court (775 ILCS 5/7A-102(G)(2)). Choosing the Commission affects whether you can later sue, so decide carefully.

When is your final paycheck due after being fired in Illinois?

Every employer must pay the final compensation of separated employees in full, at the time of separation if possible, but in no case later than the next regularly scheduled payday (820 ILCS 115/5). If it is late, put your request in writing and keep a copy.

Illinois wrongful termination rules

Illinois gives fired workers a long state charge window and broad coverage. Under the Human Rights Act, a charge may be filed with the Department of Human Rights within 2 years after the alleged civil rights violation (775 ILCS 5/7A-102(A)(1)), and the act reaches employers with 1 or more employees in Illinois during 20 or more calendar weeks in the current or preceding calendar year. If the Department does not issue its report within 365 days, the complainant has 90 days to file with the Human Rights Commission or commence a civil action in circuit court. The Illinois Supreme Court describes at-will employees as dischargeable at any time and for any reason, but not when a clear mandate of public policy is involved, and the Whistleblower Act bars retaliation for disclosures to a government or law enforcement agency when the employee has a good faith belief that the employer's activity violates a law, rule or regulation or poses a substantial and specific danger. Final compensation is due at separation if possible, and no later than the next regularly scheduled payday.

Relevant Laws

775 ILCS 5/7A-102 (charges and the 90-day option)

A charge may be filed within 2 years after the alleged violation; after 365 days without a report, the complainant has 90 days to file with the Commission or sue.

740 ILCS 174/15 (Whistleblower Act)

An employer may not retaliate for disclosures to a government or law enforcement agency when the employee has a good faith belief of a violation of law or a substantial and specific danger.

820 ILCS 115/5 (final compensation)

Final compensation is due at separation if possible, and no later than the next regularly scheduled payday.

EEOC St. Louis timeliness

The EEOC gives 300 days from the date of harm for employers with 15 or more employees (20 or more for age) in Illinois.

Regional Variances

Illinois wrongful termination rules

At-will status

At-will: an employee may generally be discharged at any time and for any reason.

Recognized exceptions

Discharge involving a clear mandate of public policy, binding handbook provisions, and statutory claims.

State agency and law

Illinois Department of Human Rights and Human Rights Commission; Illinois Human Rights Act, 775 ILCS 5.

Agency filing deadline

Within 2 years after the alleged civil rights violation (775 ILCS 5/7A-102(A)(1)).

EEOC charge deadline

300 days from the date of harm (EEOC Chicago and St. Louis offices), for employers with 15 or more employees, or 20 or more for age.

Employer size covered

1 or more employees in Illinois during 20 or more calendar weeks in the current or preceding calendar year (775 ILCS 5/2-101(B)(1)(a)).

Whistleblower and retaliation law

Illinois Whistleblower Act, 740 ILCS 174/15(b): disclosures to a government or law enforcement agency, with a good faith belief of a violation of law or a substantial and specific danger.

Deadline to sue

If no Department report within 365 days, 90 days to file with the Commission or sue in circuit court (775 ILCS 5/7A-102(G)(2)).

Final paycheck

At separation if possible, and no later than the next regularly scheduled payday (820 ILCS 115/5).

Suggested Compliance Checklist

Request your final pay in writing

If unpaid by the next scheduled payday days after starting

Illinois requires final compensation at separation if possible, and no later than the next regularly scheduled payday. If it is late, send a written request for the exact amount owed.

Document: final-paycheck-demand-letter

Save records and write a timeline

Within days of the firing days after starting

Keep the termination notice, messages, pay stubs and a dated timeline, with witness names.

File with the Department of Human Rights

2 years (state); 300 days (EEOC) days after starting

File a charge within 2 years after the alleged violation. An EEOC charge (15 or more employees, 20 or more for age) is due within 300 days of the date of harm.

Track the 365-day and 90-day dates

90 days after a missed 365-day report days after starting

If the Department issues no report within 365 days, file with the Commission or in circuit court within the next 90 days.

Send a demand letter or review a settlement

Before signing any release days after starting

A demand letter sets out your claim and what you want. Review any settlement agreement before signing; attorney review is available.

Document: demand-letter

Frequently Asked Questions

Questions are loading.

Ready to Draft Your Document?

Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.

Get Started