Wrongful Termination
Wrongful termination attorney in Evanston.
Most employment is at-will, so an employer can usually end your job for almost any cause, or for no stated reason at all. It cannot fire you for an illegal one: discrimination, retaliation for reporting harassment or illegal activity, taking protected leave, or in breach of a contract. Frances Teale represents employees in Evanston and nearby communities who were fired, or pushed to resign, and she will tell you whether what happened crossed the line.
Who we represent
Employees only
Who you speak with
Your attorney
Fee structures
First conversation
Confidential
How Frances helps
At-will has limits.
Being fired unfairly is not always the same as being fired illegally. The job is to find out which one happened to you, what that means for your next step, and what a severance offer would ask you to give up.
When is a firing illegal?
A firing may be unlawful when it followed a report of harassment or illegal conduct; fired because of race, gender, age, disability or another protected category; ended in breach of an employment contract or a company policy that created enforceable rights; fired for taking protected leave, filing a workers’ compensation claim or asserting your wage rights; or when you were pushed into resigning as a form of punishment. A bad manager or a poorly explained decision is often not illegal on its own, which is why the real reason behind the firing matters so much.
What if you were pushed to resign?
Sometimes an employer makes working conditions so intolerable that a reasonable person would feel forced to quit. The law may treat that kind of forced resignation, often called constructive discharge, like a firing. The bar is high and the facts matter a great deal, so talk with Frances before you resign if you can.
Which laws apply?
The exceptions to at-will employment come from several places: federal laws such as Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act and the Family and Medical Leave Act; state fair employment and whistleblower laws; retaliatory discharge law; and the terms of your own contract or offer letter. State wage payment laws also set rules for final compensation, including earned wages and, in many states, earned vacation.
More than a severance review
Employers often hand over a severance or separation agreement at the end of employment. Signing it usually waives your right to bring legal claims later. Frances reviews separation agreements, including non-compete and non-solicitation terms, repayment clauses and the release of claims, and on whether a potential wrongful termination or retaliation claim should shape the negotiation. See severance agreement review for how that works.
What to do in the first days
Ask for the reason for your termination in writing if you did not get one. Gather your offer letter, contract, handbook, reviews and any messages you are entitled to keep. Write down a timeline of the months before the decision, including complaints you made or leave you took. Do not sign a separation agreement until you understand it, and apply for unemployment benefits if you are eligible.
Talking to your former employer
After a firing, you may be contacted about returning property, signing papers or an exit interview. You can return company property and still take time before signing anything or answering questions about why you left. Be accurate and brief, and avoid posting about the firing online. If a lawyer for the employer has already contacted you, tell Frances at the start of your consultation.
Unemployment benefits after a firing
Being fired does not automatically disqualify you from unemployment insurance. It often depends on the reason given. If the state unemployment agency denies your claim, you may be able to appeal, and Frances handles unemployment appeals as flat-fee or hourly work.
How fees work
Claims against a former employer are often handled on a contingency or hybrid basis, while a severance review or an unemployment appeal usually fits a flat fee or hourly work. Frances explains which structure fits before any work starts, and the terms are put in writing. See fee structures.
What to expect
What happens after you call.
Whether you settle things quietly or bring a formal claim, the path usually has three stages.
Your attorney here
The attorney behind this work.
Frances Teale
Partner, Marrable Law
Frances defended employers at a management-side firm before she crossed over to represent workers. She now leads the employee-side practice at Marrable Law, including individual and group wage and hour cases. When you call about this kind of matter, you speak with her.
Before you call
What people want to know first.
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Not before you understand it. Signing usually waives your right to bring legal claims later. Many agreements give you a review window, often 21 days. See severance agreement review.
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Sometimes. If you were pushed into resigning as a form of punishment, the law may treat it like a firing. The facts matter a great deal.
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In an at-will state, an employer usually does not have to give a reason. What matters is the real reason. If it was discriminatory or retaliatory, the firing may be unlawful even if no reason was stated.
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Often, yes, depending on the reason given. If the unemployment agency denies your claim, you may be able to appeal, and the deadline is printed on the determination.
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State law sets the deadline for final compensation, often the next regular payday, and earned vacation can be part of it. If your final pay is short, that may be a wage claim.
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It depends on the claim. Discrimination and retaliation claims usually need an agency charge first, with deadlines that can pass within a year. Contract and other claims have different clocks.
Also handled here
Related practice areas
Understand what you would be waiving before you sign, and negotiate for better terms when possible.
Retaliation 02
Punished for reporting harassment, filing a complaint, taking protected leave or standing up for your pay.
Employment Discrimination 01
Mistreated at work because of race, sex, religion, age, disability, pregnancy or another protected category.
