Your employer broke the rules, and now you are paying the price. Whether you were fired for speaking up, passed over because of who you are, or pushed out after requesting medical leave, you have the right to fight back.
Greenberg Gross LLP Chicago employment litigation attorneys represent Chicago workers in employment litigation involving discrimination, retaliation, wrongful termination, whistleblower claims, and unpaid wages.
Our trial lawyers have secured multi-million dollar verdicts and settlements in high-stakes employment disputes, and we prepare every case as if it is going to trial.
Call (312) 820-3050 today for a confidential consultation with a Chicago employment litigation attorney.
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How Greenberg Gross LLP Handles Employment Litigation in Chicago
Greenberg Gross LLP brings a level of preparation and litigation strength that many employment law firms simply do not match. Our founders trained at a global litigation powerhouse before launching the firm, and that experience continues to shape the strategic, trial-focused approach we bring to every case.
State-of-the-Art Trial Preparation
We prepare every case with the expectation that it may go to trial, carefully developing opening statements, cross-examinations, and closing arguments well in advance of courtroom proceedings.
That commitment to thorough preparation has helped produce results such as a $10 million settlement in a breach of oral contract case and a $6.1 million judgment in a whistleblower retaliation matter.
Past results do not guarantee future outcomes.
A Record of High-Stakes Results
Employment law is a core practice area for our firm. We represent employees, executives, and companies in disputes involving discrimination, retaliation, wrongful termination, and wage theft. We litigate in Cook County Circuit Court, the Northern District of Illinois, and courts across multiple states.
Chicago Roots, National Reach
With offices in California, Nevada, New York, Pennsylvania, Massachusetts, New Jersey, and now Illinois, we bring resources and perspectives that extend well beyond a single jurisdiction. For Chicago-area employees, that means access to a team that has handled employment disputes at the highest levels of complexity and stakes.
What Types of Employment Cases Go to Litigation in Chicago?
Employment litigation in Chicago involves a broad range of claims filed in state and federal courts. Illinois law and several federal statutes protect workers from a variety of unlawful employer actions, and these cases often involve layered legal issues that require experienced trial attorneys.
Common Chicago Employment Litigation Claims
Illinois and federal law recognize many types of employment violations that may lead to litigation in Cook County and beyond.
- Workplace discrimination based on race, sex, age, disability, sexual orientation, gender identity, national origin, pregnancy, family responsibilities, or reproductive health decisions under the IHRA and Title VII of the Civil Rights Act
- Retaliation and whistleblower claims filed by employees who reported illegal conduct, safety violations, or discrimination and then faced adverse employment actions
- Wrongful termination in violation of public policy, anti-discrimination statutes, or implied employment agreements
- Wage theft and unpaid compensation including unpaid bonuses, commissions, or severance owed under written or oral agreements
- ADA and FMLA violations involving failure to provide reasonable accommodations or interference with medical leave rights
Each of these claim types carries its own filing deadlines, procedural requirements, and potential remedies. A missed deadline or improperly filed claim might result in losing the right to pursue your case entirely.
How Does the Illinois Human Rights Act Protect Chicago Workers?
The IHRA (775 ILCS 5/) provides some of the broadest employee protections in the nation. It applies to employers with just one employee, which is a significantly lower threshold than federal civil rights laws that typically require 15 or more employees.
Protected Classes Under Illinois Law
Illinois protects workers from discrimination and harassment based on more than 20 characteristics. These include race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, gender identity, pregnancy, unfavorable discharge from military service, citizenship status, work authorization status, family responsibilities, and reproductive health decisions.
The IHRA also covers both actual and perceived characteristics. If an employer takes negative action against you because they believed you belonged to a protected group, that may still be actionable even if their perception was wrong.
Filing Deadlines That Chicago Employees Must Know
Time limits differ depending on which law and which agency you file under, and missing the right deadline might permanently bar your claim.
- Employees now have two years from the date of an alleged IHRA violation to file an administrative charge with the Illinois Department of Human Rights (IDHR), making Illinois one of the states with the longest filing windows in the country
- Federal discrimination charges filed with the EEOC still carry a 300-day deadline
- The Chicago Human Rights Ordinance and Cook County Human Rights Ordinance provide additional protections and enforcement paths for employees within those jurisdictions
Knowing which law applies to your situation and which deadline controls your claim is one of the most consequential details in any employment litigation matter.
What Damages Might You Recover in a Chicago Employment Lawsuit?
Employees who prevail in employment litigation in Illinois may recover several categories of compensation depending on the facts of their case and the laws involved. The available remedies aim to put the employee back in the position they occupied before the unlawful conduct occurred.
Potential Remedies in Illinois Employment Cases
The specific damages available depend on the statutes involved and the severity of the employer's conduct.
- Back pay and front pay covering wages lost between termination and resolution, plus projected future losses
- Emotional distress damages for the psychological harm caused by discrimination, harassment, or retaliation
- Punitive damages in cases where the employer acted with malice or reckless indifference to the employee's rights
- Reinstatement to the former position or an equivalent role
- Attorney's fees and litigation costs awarded to the prevailing employee under many state and federal employment statutes
No formula applies to every case. The value of an employment claim depends on factors like the severity of the conduct, the length of lost employment, the strength of the evidence, and the specific statutes involved. A case that goes to trial before a Cook County jury might produce a very different result than one resolved through negotiation.
We can help assess the strength of your case
What Does Employment Litigation Look Like in Chicago?
Employment litigation in Chicago follows a general process, though every case has its own timeline and complications. Understanding the typical phases helps set realistic expectations.
Pre-Litigation and Administrative Filing
Most employment discrimination and retaliation claims require an administrative step before a lawsuit. Under the IHRA, employees file a charge with the IDHR. Under federal law, employees file with the Equal Employment Opportunity Commission (EEOC). Some claims, like breach of contract or common-law retaliatory discharge, go directly to court without an administrative filing.
Filing a Lawsuit
Once administrative requirements are met, the case may move to Cook County Circuit Court or the U.S. District Court for the Northern District of Illinois, depending on the claims involved. Federal claims like Title VII, ADA, and FMLA violations are typically filed in federal court. State-law claims under the IHRA may be filed in either state or federal court.
Discovery, Motions, and Trial
Discovery involves exchanging documents, taking depositions, and gathering evidence. Employers often file motions to dismiss or for summary judgment to try to end cases before trial. Cases that survive these motions may go to mediation, settle through negotiation, or proceed to a jury trial.
In Chicago, employment litigation does not follow a set timeline. Some matters settle within a few months, while others take a year or longer to reach trial. A team like Greenberg Gross that approaches each case with trial preparation in mind can strengthen a client’s position throughout the case.
How Does the Illinois Whistleblower Act Protect Employees?
The Illinois Whistleblower Act (740 ILCS 174) prohibits employers from retaliating against employees who report violations of state or federal law to a government body or who refuse to participate in illegal activity. This law works alongside the IHRA's anti-retaliation provisions and federal whistleblower protections to create multiple layers of legal defense for employees who speak up.
Whistleblower Retaliation Red Flags
Retaliation does not always come in the form of a termination letter. Many employers use subtler tactics designed to pressure or punish employees who raised concerns.
- A sudden negative performance review shortly after you reported misconduct
- Demotion, suspension, or termination following a complaint to a government agency
- Exclusion from meetings, reassignment to less desirable duties, or other forms of workplace isolation after raising concerns internally
- Threats related to your immigration status, compensation, or continued employment
Actions that a reasonable employee might find materially adverse may form the basis of a claim under Illinois law, even if those actions fall short of outright termination. Greenberg Gross LLP has secured a $6.1 million judgment in a whistleblower retaliation case, and our attorneys understand how to identify and prove these patterns. Past results do not guarantee future outcomes.
Ask Greenberg Gross
Do I need a lawyer for an employment dispute in Chicago?
Employment disputes involve complex interactions between federal, Illinois state, and local Chicago and Cook County laws. Each claim type carries different filing deadlines, procedural requirements, and proof standards. An experienced employment litigation attorney helps identify every viable claim, gathers evidence before it disappears, and positions your case for the strongest possible outcome through negotiation or trial.
How much does a Chicago employment litigation attorney cost?
Many Chicago employment attorneys, including Greenberg Gross LLP, offer confidential consultations to evaluate your claims at no upfront cost. Fee structures vary depending on the type of case. Some employment cases are handled on a contingency basis, meaning the attorney collects a fee only if you recover compensation. Call (312) 820-3050 to discuss your situation and learn about your options.
What if I was fired for reporting my employer's illegal activity?
Illinois and federal law prohibit employers from terminating, demoting, or otherwise punishing employees who report illegal conduct to government authorities. Under the Illinois Whistleblower Act, you may pursue claims for lost wages, reinstatement, and other remedies. The strength of your claim depends on factors like the timing of the retaliation, whether you reported to a qualifying government body, and the evidence connecting your report to the adverse action.
FAQs for Chicago Employment Litigation
How long do I have to file an employment discrimination claim in Illinois?
Under the Illinois Human Rights Act, you have two years from the date of the alleged violation to file a charge with the Illinois Department of Human Rights. This is one of the longest filing windows of any state in the country. Federal claims filed with the EEOC carry a shorter 300-day deadline, so knowing which law applies to your claim affects how much time you have to act.
What is the difference between filing in state court and federal court in Chicago?
Claims under Illinois law, including the IHRA, may be filed in Cook County Circuit Court or in federal court. Claims under federal statutes like Title VII, the ADA, and the FMLA are typically filed in the U.S. District Court for the Northern District of Illinois. Some employees have claims under both state and federal law, which allows for strategic decisions about where to file based on the facts of the case.
What counts as retaliation under Illinois employment law?
Retaliation happens when an employer takes a materially adverse action against an employee for engaging in a legally protected activity, such as filing a discrimination complaint, reporting illegal conduct, or requesting a reasonable accommodation. Adverse actions include termination, demotion, pay cuts, negative performance reviews, and more subtle forms of workplace punishment.
Do I have to file a complaint with a government agency before I file a lawsuit?
For most discrimination and harassment claims under the IHRA, you must first file a charge with the IDHR before filing a civil lawsuit. For some claims, like breach of contract or common-law retaliatory discharge, you may file directly in court. Federal discrimination claims require a charge with the EEOC before litigation. The specific procedural path depends on the type of claim you are bringing.
What if my employer has fewer than 15 employees?
The IHRA applies to any employer in Illinois with one or more employees. This is a major difference from federal anti-discrimination laws like Title VII, which generally apply only to employers with 15 or more employees. Even if your employer is too small for federal coverage, you likely still have protection under Illinois state law.
Take Action on Your Chicago Employment Litigation Claim Today
You already know something went wrong at work. The question now is what you do about it. Illinois gives employees powerful legal tools to hold employers accountable for discrimination, retaliation, wrongful termination, and wage theft. Those tools only work if you use them before the filing deadlines expire.
Greenberg Gross LLP's trial lawyers have secured multi-million dollar results for employees in high-stakes employment disputes, including a $10 million settlement and a $6.1 million whistleblower retaliation judgment. Past results do not guarantee future outcomes.
Our founders' background at a global litigation fir and our commitment to trial preparation give every client the advantage of a team that prepares to win in court. Call (312) 820-3050 today for a confidential consultation with a Chicago employment litigation attorney at Greenberg Gross LLP.