Question

Hi, all!  I have very important question for me right now because it came up very unexpected.Hi, all! I have very important question for me right now because it came up very unexpected. Can somebody tell me if an employer can fire his employee on a salary full employment just in one moment? Just to say smth strange ( like personal performance 89, 5%) and tell to go home right now? Maybe we have here some HR manager? Thanks p. s. really need your help

Answer 1

Illinois is an at-will State, you can be fired or you can quit at any time, for any reason (or no reason)

Comments

@infamy ^^^This

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@infamy unfortunately you are correct!  

Answer 2

Illinois is an at-will state, so yes he can.  

Answer 3

Yep. At Will State. No reason necessary

Answer 4

Even if it’s a permanent contract?  

Comments

@isotonic79 you would need to read the terms of your contract and any separation/termination clause

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@isotonic79 there is no such thing as permanent. Doesn't stop you from filing wrongful termination though if there is cause and can file for unemployment.  

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I'm a contract worker myself (I'm a nanny). There is always something regarding termination/quitting. If there isn't, it would default to the state law; which would then go back to my original comment of Illinois being an at-will state

Answer 5

@infamy is 100% correct.  

Answer 6

I believe they can

Answer 7

And do they have to pay for some period of time? Or it depends on a contract?  

Comments

@isotonic79 no. legally no one is entitled to severance pay unless that was previously negotiated in the terms of their contract. Some employers, especially of higher paying jobs, will still offer it in the case is lay-offs. I don’t think many would offer it in the case of before fired for misconduct though.  

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There was no any misconduct and performance was good according to results of working. but manager probably manager doesn’t like an employee being proactive☹️ and that makes feel very frustraiting.  

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No clue, nothing was prior, just like that in one moment for nothing.  

Answer 8

And I’m not 100% sure but I don’t think you can collect unemployment if you are fired  

Comments

@ayer People use fired and laid off and terminated and let go - very interchangeably. If the State determines that you are unemployed due to your own misconduct, they can deny unemployment benefits. For this to happen, the employer must provide proof of misconduct. It doesn’t sound like that is this particular scenario.  

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@centner People also use contract and contracted interchangeably.  

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You can absolutely collect unemployment if fired. If the company lists that you were fired for cause, you can still apply. The department of unemployment will then contact the company for details. It would have to be something really really severe for you to be denied unemployment benefits, like you came into work with a gun and started waving it around, etc. the onice is on the company to prove why you should be denied benefits and it’s really hard to do. Your benefits may be delayed but you most likely will still receive them, even if you were fired.  

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@palaeozoology8450 I’ve never been fired but good to know!  

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@ayer this is basic information any employment attorney would give you if you ever are.  

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@palaeozoology8450 I won’t ever be! I worked at the University of Illinois Hospital for 32 years and retired in 2018!  

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@ayer you aren’t old enough to retire lol! Seriously though, congratulations on retirement!  

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@palaeozoology8450 Thanks! It’s a state job. You can retire after 30 years. I pushed it a few extra. So glad I’m outta there right now!  

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@palaeozoology8450 I would disagree with you here. While state of IL most of the time makes decisions to the favor of employee, it's not that impossible for employer to fight it, and the reasons for termination do not have to be that extreme. In my company, we usually don't contest the unemployment, but when we do, we win. I contested 2 last year and both won. One case even went for board of review because former employee kept appealing. The reason for term. was attendance.  

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@ayer you can file for unemployment. There is no guarantee you will be approved, thus.  

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@palaeozoology8450 , not at all an expert on this but I agree with @espinoza. My co worker was fired and he applied for unemployment and we know for sure he was denied. Our management did not have to fight hard at all to give a reason.  

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@sunrise that is unfortunate. Your friend should hire an employment attorney.  

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@palaeozoology8450 we were all upset when we found out that the manager denied it. Recently found out he hired an attorney and we are hoping it works out for him. His only fault was he challenged the management and was a little loud but no way he was not a good and hard worker.  

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Sofia, glad there is a lawyer involved! Best of luck to him!  

Answer 9

Yes he can

Comments

What the difference between fired and something other? I never had an experience in that

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@isotonic79 Misconduct is the difference. And an employer must prove misconduct to the State in order to deny unemployment benefits.  

Answer 10

IL is a at will state and they can fire you when they want. There are certsin rules they follow , but more likely a employer can fire you when they want and send you right home.  

Answer 11

They can “release” you at any time without a “why” to be provided. If you think it is something illegal then that is an issue- like discrimination. If there was no “due cause” it shouldn’t be worded as a firing, but a lay off - business reason drove them to this decision. which you can potentially get unemployment with.  

Answer 12

I am not in HR, but IL is at will state. That means they can fire you for NO good reason, like not liking the color of your shoes. You can collect unemployment, though. I am sorry that happened to you, especially now.  

Answer 13

Illinois is an "at will" state, so yes.  

Answer 14

I have contract employees and all the contracts say IL is at an at will state and they can be terminated at any time for any reason. Sorry!  

Answer 15

I know people are saying you can’t get unemployment if your fired. I would still try anyway it doesn’t hurt anything. What if you get approved

Answer 16

Unfortunately they can. I would still recommend filing for unemployment. Who knows, maybe employer won't contest and you get approved.  

Answer 17

I would still file for unemployment my old company tried to deny mine after gave me a great review and tried to lie about it I appealed it and won because the judge caught them lying on the phone case closed

Comments

@centner Nelson Hock Wow Thanks for your advice.  

Answer 18

I believe Illinois can fire you for no reason at all