Wrongful Termination: When Is Being Fired Illegal in Missouri and Illinois?
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This page has been researched, written, and reviewed in accordance with our editorial guidelines to ensure accuracy and relevance. This page has been reviewed and approved by Founding Partner, Tobias Licker. The last updated date reflects the most recent review of this content.
Losing a job can be stressful, especially when the reason for termination is unclear or seems unfair.
A common question employees ask is:
"Can my employer legally fire me for this?"
The answer depends on the circumstances.
In Missouri and Illinois, many employees are considered at-will employees, meaning an employer generally has broad discretion to end the employment relationship. However, employment laws prohibit certain types of terminations, including firings based on unlawful discrimination or retaliation for legally protected activities.
Understanding the difference between an unpleasant termination and an unlawful one is an important first step if you believe your employment rights may have been violated.
What Is Wrongful Termination?
"Wrongful termination" generally refers to an employment termination that violates an applicable law, employment agreement, or recognized legal protection.
Being fired does not automatically mean that an employer acted illegally.
For example, an employer may generally terminate an at-will employee for a legitimate reason that is not prohibited by law.
On the other hand, a termination may create a legal claim if the employee was fired because of a protected characteristic, in retaliation for protected conduct, or in violation of another applicable legal protection.
The specific rules depend on the circumstances and the law that applies to the employment relationship.
Missouri Is an At-Will Employment State
Missouri generally follows the employment-at-will-doctrine.
The Missouri Department of Labor and Industrial Relations explains that, generally, an employee can be hired or fired at any time and for any reason, subject to important legal exceptions. For example, termination based on protected characteristics covered by the Missouri Human Rights Act may violate the law.
This means that an employer does not necessarily need a "good reason" to terminate an at-will employee.
However, "at will" does not mean "anything goes."
Employers still must comply with applicable federal and state employment laws.
Illinois Also Generally Follows At-Will Employment
Illinois likewise generally recognizes at-will employment.
Illinois courts have described the general rule as alowing an at-will employee to be discharged at any time for any reason, subject to recognized exceptions. Illinois courts have also recognized a narrow common-law exception for certain retaliatory discharges that violate a clear mandate of public policy.
Therefore, an employee who believes they were fired unfairly should look beyond whether the termination seemed unreasonable and consider why the employer actually made the decision and whether that reason violated a specific legal protection.
When Can a Termination Become Unlawful?
Several situations can potentially create legal issues.
Discrimination
Federal and state laws prohibit certain employment decisions based on protected characteristics.
In Missouri, the Missouri Human Rights Act prohibits employment discrimination based on characteristics including:
Race
Color
Religion
National origin
Ancestry
Sex
Disability
Age in covered employment circumstances
The law also addresses discrimination in hiring, firing, compensation, promotion, transfer, layoff, and other employment conditions.
Illinois provides broader protections under the Illinois Human Rights Act. The Illinois Department of Human Rights identifies protected categories that include race, color, religion sex, national origin, ancestry, age, disability, sexual orientation, pregnancy, military status, and other categories recognized by Illinois law.
If an employee is fired because of a legally protected characteristic, the termination may support a discrimination claim.
Retaliation
An employer generally cannot retaliate against an employee for engaging in certain legally protected activities.
For example, retaliation may involve an adverse employment action after an employee.
Reports discrimination
Files a discrimination complaint
Participated in an investigation
Opposes unlawful discrimination
Exercises certain rights protected by employment laws
The Missouri Department of Labor and Industrial Relations specifically identifies termination, refusal to hire, denial of promotion, unjustified discipline, and other employment actions as potential forms of retaliation when taken because of protected activity.
Illinois likewise prohibits retaliation for protected activities under its employment discrimination laws. The Illinois Department of Human Rights identifies firing, reduced hours, negative evaluations, unfavorable assignments, and other employment actions as potential retaliation.
Retaliation for Reporting Certain Workplace Violations
Employees may also have protections when reporting certain unlawful conduct or exercising rights protected by specific employment statutes.
Illinois, for example, provides protections against retaliation for workers who exercise certain rights under state labor laws. The Illinois Department of Labor states that employers may not retaliate against workers for exercising their rights, filing a complaint, or cooperating with an investigation.
The exact protection depends on what the employee reported or what right they exercised.
Termination in Violation of Public Policy
Some wrongful-termination claims arise under public-policy principles rather than traditional discrimination statute.
Missouri courts recognize a narrow public-policy exception to the at-will employment rule. Missouri appellate decisions have described circumstances involving termination for refusing to perform an illegal act, reporting certain violations of law or public policy, participating in activities encouraged by public policy, and filing a workers' compensation claim.
These claims can be highly fact-specific.
An employee should not assume that every complaint to management creates a public-policy wrongful-discharge claim.
Breach of an Employment Agreement
At-will employment is not universal.
An employee may have a written employment agreement establishing specific terms concerning:
Length of employment
Grounds for termination
Compensation
Severance
Notice requirements
Other contractual obligations
If an employer terminates an employee in violation of an enforceable agreement, the dispute may involve contract law rather than or in addition to a statutory discrimination or retaliation claim.
Employees should review any employment agreement, handbook, offer letter, or other documents that may define the employment relationship.
What Does NOT Automatically Make a Termination Wrongful?
Not every unfair or frustrating termination if illegal.
For example, an employer may generally be allowed to terminate an at-will employee because of:
Poor performance
Attendance problems
Business restructuring
Elimination of a position
Economic conditions
Personality conflicts
A change in business needs
However, the stated reason may not always be the actual reason.
If an employer says an employee was terminated for performance problems but evidence suggests the decisions was actually based on a protected characteristic or protected activity, the circumstances may warrant further investigation.
What Evidence Can Help Support a Wrongful Termination Claim?
If you believe you were unlawfully terminated, preserving relevant evidence can be important.
Potentially useful documents may include:
Emails and Messages
Keep relevant communications with:
Supervisors
Human resource
Coworkers
Company management
Performance Reviews
Previous performance evaluations can help establish your employment history and may be relevant if the employer later claims performance problems.
Employment Policies
Save copies of relevant:
Employee handbooks
Workplace policies
Discrimination policies
Complaint procedures
Leave policies
Termination Documents
Keep:
Termination letters
Severance agreements
Disciplinary notices
Written warnings
Emails concerning the termination
Witness Information
If coworkers witnessed relevant events, preserve their names and contact information where appropriate.
Do not alter or fabricate evidence. If you are unsure whether you are legally entitled to access or retain particular company records, consult an attorney.
What If the Employer Gives a Different Reason for Firing You?
Sometimes an employee believes the reason given by an employer is not the real reason for the termination.
That does not automatically establish a legal claim.
A lawyer may examine the timeline and surrounding evidence, including:
What happened before the termination
Whether complaints were made
When the employer learned about the complaint
Whether workplace policies were followed
How similarly situated employees were treated
Whether the employer's explanation changed
Whether relevant documents support the employer's explanation
The significance of any particular evidence depends on the applicable law and facts of the case.
Can You Be Fired After Complaining About Your Employer?
It depends on what you complained about and why the employer acted against you.
A general workplace disagreement is not necessarily protected activity.
However, complaints concerning unlawful discrimination, harassment, or certain violation of employment laws may receive legal protection.
For example, Missouri specifically prohibits retaliation for opposing discriminatory practices or participating in a discrimination proceeding.
Illinois also protects employees from retaliation for opposing discrimination, filing charges, or participating in investigations.
The exact protection depends on the nature of the complaint.
What Should You Do After Being Terminated?
If you believe your termination may have been unlawful, consider taking practical steps before making major decisions.
Keep Your Employment Records
Save relevant documents that you are legally permitted to retain.
Write Down What Happened
Create a timeline while the events are still fresh in your memory.
Include:
Important conversations
Complaints you made
Meeting with management
Disciplinary actions
Changes in your job
The date of termination
The reason given for termination
Avoid Public Accusations
Social media posts can become part of a legal dispute.
Consider discussing the situation privately with an attorney before publicly accusing an employer or coworker of unlawful conduct.
Pay Attention to Deadlines
Employment claims may have specific administrative filing requirements and deadlines.
For example, the Illinois Department of Human Rights currently states that mot discrimination charges must be filed within two years of the alleged discrimination.
Different claims can have different deadlines and procedures, so employees should not assume that one deadline applies to every employment dispute.
What Happens After You Contact an Attorney?
An employment attorney may begin by reviewing:
Your job history
Employment agreements
Workplace policies
Performance evaluations
Communications
Complaints you made
The circumstances surrounding termination
Applicable state and federal laws
The attorney can then explain whether the facts potentially support a legal claim and what options may be available.
Depending on the situation, the matter may involve an administrative complain, negotiations, mediation, or litigation.
Not every employment dispute needs to end in a lawsuit.
Frequesntly Asked Questions
Can my employer fire me without giving me a reason?
In an at-will employment relationship, an employer may generally terminate an employee without cause, provided the termination does not violate applicable law or an enforceable agreement. Missouri and Illinois both generally recognize at-will employment.
Is being fired unfair the same as wrongful termination?
Not necessarily. A termination can feel unfair without violating the law. A potential wrongufl-termination claim generally requires a specific legal basis, such as discrimination, retaliation, violation of public policy, or breach of an applicable contract.
Can I sue if I was fired after reporting discrimination?
Potentially. Both Missouri and Illinois prohibit certain forms of retaliation against employees who engage in protected activities related to discrimination.
What if my employer says I was fired for poor performance?
An employer may generally terminate an at-will employee for legitimate reasons, including performance issues. However, if there is evidence that the stated reason was a pretext for unlawful discrimination or retaliation, the circumstances may warrant further review.
Shoud I sign a severance agreement?
Before signing a severance agreement, consider having an employment attorney review it. Depending on its terms, the agreement may affect your ability to pursue certain claims.
Being terminated from a job does not automatically mean that your employer broke the law.
Missouri and Illinois generally follow at-will employment principles, but both states also provide important protections against certain forms of discrimination and retaliation. Other legal protections may apply depending on the circumstances, including public-policy protections or contractual rights.
If you believe you were fired because of discrimination, retaliation, protected activity, or another unlawful reason, preserving your employment records and seeking legal advice promptly can help you understand your options.
A qualified employment attorney can review the specific circumstances of your termination and explain what legal remedies, if any, may be available.
References
Missouri Department of Labor and Industrial Relations — Discrimination in Employment. Information regarding employment discrimination and retaliation under the Missouri Human Rights Act.
Missouri Department of Labor and Industrial Relations — Employment at Will. Missouri's official explanation of the at-will employment doctrine and its legal exceptions.
Missouri Courts — Missouri Court of Appeals decision discussing wrongful discharge and the public-policy exception.
Illinois Department of Human Rights — Employment Rights. Information concerning discrimination, retaliation, protected characteristics, and employment rights in Illinois.
Illinois Department of Human Rights — Information for Filers. Information regarding filing employment discrimination charges and applicable filing timeframes.
Illinois Courts — Sweeny v. City of Decatur. Illinois appellate decision discussing at-will employment and the narrow common-law retaliatory-discharge exception.
Illinois Department of Labor — File a Workplace Complaint. Information concerning workplace complaints and protections against retaliation for exercising certain workplace rights.
DISCLAIMER: This article is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Laws change regularly and the application of any rule depends on the specific facts of each case. For guidance regarding your specific situation, please contact A & L, Licker Law Firm, LLC directly.
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