Was This a Retaliatory Discharge?


The law surrounding hiring and firing practices has been designed to protect people in the event of a retaliatory firing. It can be difficult to determine for certain whether you’ve been subject to a retaliatory discharge in Carol Stream, and it’s easy for a former employer to deny the allegation. There are three scenarios where you most likely have a case to prove retaliatory discharge in Carol Stream courts:


If you can argue that you were fired because you reported illegal activity within the company, then you generally have about as strong a case as anyone to prove retaliatory discharge in Carol Stream.

Supporting a Colleague

Sometimes it’s not a criminal activity on which you spoke out; it was just sticking up for a colleague. If you spoke out in defense of someone who you feel was being treated unfairly, be it an unjustified dismissal, harassment or any sort of unfair treatment, and you feel that this is why you were dismissed, then you and your attorney may be able to prove retaliatory discharge to a Carol Stream court.

Other Retaliatory Actions

Retaliatory discharge, as defined by the Equal Pay Act, Title VII of the Civil Rights Act, Fair Labor Standards and other laws, is not restricted only to unjust termination. “Retaliatory discharge” can also include the following:

– Harassment that has been reported and gone without an official response
– Demotion and denial of rightful promotion
– Negative references following a termination
– Unfair evaluations
– Refusal to hire
– Unjust disciplinary measures

Even if none of this seems to fit your case to a T, you may still be able to argue that what you have suffered qualifies as retaliatory discharge. If you feel that this may be what happened to you, it may be wise to speak with an attorney to be sure.

The Law Office of Michael T. Smith is devoted to remedying employment injustice. From discrimination to wrongful termination, the firm brings more than 30 years of trial experience to those who have been treated unfairly in the workplace.