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 startingIllinois 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.
Save records and write a timeline
Within days of the firing days after startingKeep 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 startingFile 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 startingIf 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 startingA demand letter sets out your claim and what you want. Review any settlement agreement before signing; attorney review is available.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Request your final pay in writing | 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. | final-paycheck-demand-letter | If unpaid by the next scheduled payday |
| Save records and write a timeline | Keep the termination notice, messages, pay stubs and a dated timeline, with witness names. | - | Within days of the firing |
| File with the Department of Human Rights | 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. | - | 2 years (state); 300 days (EEOC) |
| Track the 365-day and 90-day dates | If the Department issues no report within 365 days, file with the Commission or in circuit court within the next 90 days. | - | 90 days after a missed 365-day report |
| Send a demand letter or review a settlement | A demand letter sets out your claim and what you want. Review any settlement agreement before signing; attorney review is available. | demand-letter | Before signing any release |
Frequently Asked Questions
Other Illinois guides
Adult Guardianship in Illinois
Adverse Possession in Illinois: Which of the Clocks Is Yours, Twenty Years or Seven
Asset Protection Planning in Illinois (2026)
Dealing With Debt Collectors in Illinois (2026)
Delinquent Property Taxes in Illinois: The County Auctions Your Tax Bill, and the Penalty Doubles Every Six Months
Expunging a Criminal Record in Illinois (2026)
Ready to Draft Your Document?
Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.
Get Started