Fired While on Approved Leave in Illinois: VESSA, Bereavement, Jury Duty, and Voting Leave Terminations

While Illinois is an at-will employment state, employers cannot fire you if doing so violates a specific state statute or clear public policy. The state of Illinois has created several specialized leave laws to protect workers during life's most difficult or necessary civic moments. If you were terminated for taking time off for domestic violence recovery, mourning the loss of a family member, serving on a jury, or voting, you have been wrongfully terminated. Our directory can help you find a local employment lawyer who specializes in holding companies accountable for public policy violations.

Terminations Under the Victims' Economic Security and Safety Act (VESSA)

Illinois provides powerful protections for victims of domestic violence, sexual violence, gender violence, or any other crime of violence. The 820 Ill. Comp. Stat. § 180/20 (VESSA) allows employees to take unpaid, job-protected leave to seek medical attention, obtain services from a domestic violence shelter, seek legal assistance, or relocate. Depending on the size of the employer, workers are entitled to 4, 8, or 12 weeks of leave per year. If your employer fires you for requesting or taking VESSA leave, or retaliates against you because they discovered you are a victim of domestic violence, this is a direct violation of Illinois law.

Family Bereavement Leave Act Terminations

Losing a loved one is devastating, and Illinois law ensures you do not have to choose between your job and your family. The 820 Ill. Comp. Stat. § 154/10 requires employers with 50 or more employees to provide up to 10 workdays of unpaid leave to grieve the death of a covered family member, attend a funeral, or make arrangements. This act also covers absences related to miscarriage, unsuccessful fertility treatments, or adoption failures. Terminating an employee for requesting or utilizing this legally protected bereavement time constitutes wrongful termination in violation of public policy.

Fired for Attending Mandatory Jury Duty

Serving on a jury is a civic duty, and the state strictly prohibits employers from punishing workers who fulfill it. Under the 705 Ill. Comp. Stat. § 305/4.1, it is illegal for an employer to discharge, threaten, or penalize an employee because they receive a summons and attend jury duty. Employers are not required to pay you for the time you are away (unless your company policy states otherwise), but they must hold your job for you. If you return from jury duty at the Winnebago County Circuit Court, Rockford or the Circuit Court of Cook County, Chicago only to find you have been replaced, you may have a viable claim for retaliatory discharge.

Illegal Termination for Exercising Voting Rights

Illinois strongly encourages voter participation. Under the 10 Ill. Comp. Stat. § 5/17-15, any employee entitled to vote at a general, special, or primary election may take up to two hours of leave during working hours to vote, provided that their working hours begin less than 2 hours after polls open and end less than 2 hours before polls close. You must request this leave prior to election day. If you follow the rules and your employer fires or disciplines you for taking time off to vote, they are breaking state election laws and can be sued for wrongful termination.

Step-by-Step Process for Filing a Claim in Illinois

If you believe you were fired for utilizing any of these protected leaves, you must build a solid evidence trail before pursuing litigation.

Step 1: Document Your Leave Request

The success of your case relies on proving you gave proper notice according to the law. Gather your emails, text messages, or HR forms proving you requested the VESSA, bereavement, jury, or voting leave appropriately. Save copies of your jury summons, funeral programs, or medical notes that justify the time off.

Step 2: Request Your Personnel File

Under the 820 Ill. Comp. Stat. § 40/2, ask your former employer for your complete file. Look for any write-ups or disciplinary actions that magically appeared right after you requested your protected leave. This helps prove 'pretext'-meaning the employer is making up a fake reason to cover up an illegal firing.

Step 3: Consult with a Wrongful Termination Lawyer

These specific statutes require precise legal knowledge. An attorney will review your documentation to ensure your employer actually met the size requirements for laws like the Family Bereavement Leave Act (50+ employees) and that you followed all notice requirements.

Step 4: File a Lawsuit or Agency Complaint

Depending on the specific law violated, your attorney may file a complaint with the Illinois Department of Labor, Chicago (which investigates some leave violations) or file a direct civil lawsuit in a local court, such as the Sangamon County Circuit Court, Springfield, seeking back pay, emotional distress damages, and potentially punitive damages.

How Much Does it Cost in Illinois?

You do not need to have thousands of dollars saved to fight an illegal termination. The vast majority of Illinois employment attorneys handle public policy wrongful termination cases on a contingency fee agreement. This means they charge no upfront fees and only take a percentage of your final settlement or court award (typically around 33% to 40%). Furthermore, laws like VESSA include fee-shifting provisions, meaning if you win at trial, the judge can order your former employer to pay your attorney's fees directly.

How Long Does the Process Take?

If your employer clearly violated a strict statute like the Jury Act, the company's legal counsel will likely push for a quick, confidential settlement. In these instances, a case can be resolved in 3 to 6 months. However, if the employer attempts to argue that you were fired for an unrelated, legitimate reason (such as poor performance), the process will require formal legal discovery and depositions. In these contested cases, it is common for the lawsuit to take 1 to 2 years before reaching a trial date in an Illinois circuit court.

Frequently Asked Questions (FAQ)