High court clarifies standard of proof for retaliatory discharge claims

Life in the Workplace

By Joseph M. Gagliardo

Joseph M. Gagliardo is the managing partner of Laner, Muchin Ltd. and is the chairman of its litigation department. He has counseled and represented private and governmental employers in a broad range of employment matters for more than 30 years.

Posted December 17, 2014 2:43 PM

Early this month, the Illinois Supreme Court clarified the standard of proof governing retaliatory discharge claims brought under Illinois common law. In Illinois, the general rule of law is that non-contractual employees are at-will, which means that they can be discharged by their employer at any time, with or without cause. One of the few exceptions to this general rule is the common law tort of retaliatory discharge. Under this narrow exception, Illinois employers cannot fire employees in retaliation for the …

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