FAQs

No two cases are the same. The answers below are not a replacement for a full consultation. To set up some time to speak with an attorney, click here.

ABOUT THE PROCESS

What is a Contingency Fee?

A contingency fee is a fee that you only pay if you are awarded money. If your attorney doesn’t obtain any money for you, then you don’t have to pay any of their attorney’s fees. If, however, they do obtain an award for you, whether through settlement or verdict, they get a fixed percentage of the total recovery. In some cases, it may be less expensive for you to pay your attorney a set hourly rate instead. You should discuss all available payment options with your attorney before signing anything.

How much money will I receive if I win my employment case?

The amount you might receive can vary greatly depending on what type of case you have and the particular facts unique to you and your situation. But, generally speaking, the most you can expect to recover in an employment case is some combination of the following:

(1) Back pay – these are the lost wages that you would have earned if you had you not been fired, demoted, or otherwise compensated improperly. This is usually calculated from the date of the loss until the date of trial, less any benefits and wages you've earned during that time period from another job that you wouldn’t have had if you hadn’t been fired or demoted.

(2) Front pay – These are the lost wages that you would have earned in the future, past the date of trial.

(3) Punitive damages – In certain circumstances, you may be entitled to punitive damages. Punitive damages are largely meant to deter future wrongdoing. Punitive damages may not be available in every situation.

No two cases are the same. Contact RAK Law today to talk to an attorney about your case.

How long does it take to pursue an employment case?

This varies greatly depending on the type of case. In some cases, you will need to file a complaint with the Equal Employment Opportunity Commission (EEOC) before you can file a lawsuit. The EEOC keeps your file for up to 6 months and sometimes longer. After the EEOC releases your file, they will give you a "Notice of Right to Sue," which allows you to move forward with a lawsuit. Once you file in court, it could take 1 to 2 years before you get to trial. Arbitrations are typically quicker but are not available in every situation. Employment litigation is a long process. From the date of termination or other wrongful act, until the date of trial, it can take up to 2 years. Most cases, however, are resolved well before the trial date.

Will my lawsuit be public?

If your lawsuit is filed in state or federal court, it will be considered public information and can be accessed by anyone that knows how to access court records. If, however, your lawsuit is filed in private arbitration subject to an employment agreement, it will generally remain confidential.

NON-COMPETES

Are non-competes enforceable in Illinois?

Though many people believe non-compete agreements are unenforceable in Illinois, this is not true. A properly drafted non-compete is enforceable in Illinois but the law around these agreements is constantly changing. If you’re concerned about a non-compete agreement you have signed or are being asked to sign, you should schedule time to talk to an attorney today.

What can my old employer do if I violate my non-compete?

Employers seeking to enforce a non-compete have a number of options at their disposal. They can obtain a “temporary restraining order” that prevents you from working at your current or upcoming new job or bring a lawsuit against you seeking money damages. They will often sue, or threaten to sue, your new employer as well – possibly resulting in the loss of your new job. Do not assume that you can get away with even a minor violation of a non-compete agreement. If you think you may have violated a non-compete agreement, or expect you might in the future, you should schedule time to talk to an attorney today.

How can I fight a non-compete?

Fortunately, you do have options available to you if you want to fight a non-compete – but you need to contact an attorney quickly. Your employer might try to obtain a “temporary restraining order,” or “TRO” (see above) almost immediately, and sometimes without you being present at the hearing. An attorney can successfully fight a TRO but only if they’ve been retained in time. Your attorney can argue that the non-compete is unenforceable, or that it is overbroad and should be reduced in scope. If you think you may have violated a non-compete agreement, or expect you might in the future, you should schedule time to talk to an attorney today.

My non-compete is overbroad. Does that make it illegal?

Probably not. Illinois is a “blue pencil” state. This means that a court could narrow or otherwise limit an overbroad non-compete rather than throwing it out entirely. In these circumstances, you would still be bound by a non-compete agreement, but it would be less restrictive and, ideally, less disruptive.

If I never signed a non-compete agreement, do I have anything to worry about?

Possibly. Even if you never signed a separate non-compete agreement, it is possible one was contained in the employment agreement you did sign. You also may have previously assented to one through other electronic means, such as through checkboxes or by typing in your initials next to a non-compete provision. Even if you are not bound by a non-compete agreement, it is possible you are subject to other restrictions, such as a non-disclosure or non-solicitation agreement. If you are not sure what you are allowed to do under your employment agreement, contact a lawyer before doing anything you think might be a violation.

EMPLOYEE RIGHTS

What is “Employment at Will”?

Employment that is “at-will” can be terminated at any time, for any legal reason. Most employment relationships in Illinois are “at will” – this allows both employees and employers flexibility to end the relationship without having to satisfy any pre-defined time limitation or other condition. Some employees may have contracts stating that they can only be fired “for cause” but most employees in Illinois do not. All of that having been said, even “at will” employment cannot be terminated for an illegal reason. If you believe you were fired because of one of your protected traits (race, age, disability, gender, religion, etc.), or in retaliation for protected conduct, it is still illegal – even if your employment was “at will.”

Do I have a right to see my personnel file?

Yes, you do. In Illinois, current and former employees have a right to review their personnel file. In fact, that will usually be the first thing an attorney does after you retain one to handle your employment matter. If you’ve reviewed your employment file and think some things are incorrect or otherwise question their inclusion, you should flag these concerns to the attorney handling your employment matter.

What makes a termination “wrongful”?

Employers are allowed to make unfair, illogical, and even dumb decisions. This means that even if you are fired for something that seems unreasonable, it doesn’t necessarily mean the termination was “wrongful” in the eyes of the law. Instead, what makes an action “wrongful” or illegal is the motivation behind it – i.e., the reason why an employer fires, disciplines, or otherwise treats an employee differently, not the how. Some reasons are perfectly legal, even if they might otherwise seem unfair, such as exhibiting a preference for hiring family members or certain personality types over others. Other reasons are not legal, such as race, national origin, gender identity, sexual orientation, etc. Sometimes the line between the two isn’t very clear and managers often use “personality” and “fit” to disguise more discriminatory motives. If you believe your termination was wrongful you should contact an attorney right away.

Doesn't my employer have to tell me why I'm being fired?

No. Unfortunately, there is no rule or law that requires employers to disclose why they are firing you. That said, many employers do disclose their reasons at the time of termination simply because it raises red flags when no reason is given.

What kind of evidence do I need to support a claim?

Because employment actions are only illegal if they were made because of someone's protected traits or activities, you have to prove that the employer's motivation was wrongful. People do not typically come right out and admit their wrongful motivations. Instead, they will assert an alternative, neutral reason for the employment action. You will need to bring forward “circumstantial evidence” that suggests the claimed neutral reason is actually a lie and your employer was really motivated by a different, illegal factor. You can show this by providing witnesses, other than yourself, that support your side. Documents, such as emails and text messages, are also very helpful in supporting your version of events. In the end, you need more than your say-so to succeed in an employment action and carefully collecting records and documenting events can be the difference between success and failure.

I was fired over a false accusation - do I have a case?

Not necessarily. Employers are allowed to make bad or unfair decisions and even fire someone for a reason that turns out to be wrong. Generally speaking, it’s only if the false accusation was used to cover up a different, illegal reason that it would give grounds for a case.