Bill Text: IL SB1760 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Creates the Wrongful Discharge from Employment Act. Provides that a discharge from employment is wrongful if it (1) was a constructive discharge, (2) was in retaliation for the employee's refusal to violate public policy or for reporting a violation of public policy, (3) was not for good cause and the employee had completed the employer's probationary period for employment, or (4) the employer violated the express provisions of its written personnel policy. Provides remedies for wrongful discharge. Authorizes civil actions and provides for arbitration. Prohibits blacklisting. Defines terms. Provides that an employer that violates the Act is guilty of a Class A misdemeanor.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB1760 Detail]

Download: Illinois-2017-SB1760-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB1760 Introduced 2/9/2017, by Sen. Pat McGuire SYNOPSIS AS INTRODUCED:
New Act
Creates the Wrongful Discharge from Employment Act. Provides that a discharge from employment is wrongful if it (1) was a constructive discharge, (2) was in retaliation for the employee's refusal to violate public policy or for reporting a violation of public policy, (3) was not for good cause and the employee had completed the employer's probationary period for employment, or (4) the employer violated the express provisions of its written personnel policy. Provides remedies for wrongful discharge. Authorizes civil actions and provides for arbitration. Prohibits blacklisting. Defines terms. Provides that an employer that violates the Act is guilty of a Class A misdemeanor.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Wrongful Discharge from Employment Act.
Section 5. In this Act:
"Constructive discharge" means the voluntary termination
of employment by an employee because of a situation created by
an act or omission of the employer that an objective,
reasonable person would find so intolerable that voluntary
termination is the only reasonable alternative.
"Discharge" includes a constructive discharge and any
other termination of employment, including resignation,
elimination of the job, layoff for lack of work, failure to
recall or rehire, and any other cutback in the number of
employees for a legitimate business reason.
"Employee" means any person who works for another for hire,
but does not include a person who is an independent contractor
as defined under Section 212 of the Unemployment Insurance Act.
"Employer" means anyone who engages an employee to do
something for the benefit of the employer or a third person and
includes a municipality or other governmental unit or agency,
the State, and any political subdivision of them.

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"Fringe benefits" means the value of any employer-paid
vacation leave, sick leave, medical insurance plan, disability
insurance plan, life insurance plan, annuity, and pension
benefit plan in effect on the date of termination.
"Good cause" means reasonable job-related grounds for
dismissal based on employee misconduct, an employee's failure
to satisfactorily perform job duties, or other legitimate
business reason.
"Grossly negligent conduct" means conduct that is
performed when the individual is, or reasonably should be,
aware of a substantial risk that the conduct will result in the
harm sought to be prevented and the conduct constitutes a
substantial deviation from the standard of care a reasonable
person would exercise in the situation.
"Lost wages" means the gross amount of wages that would
have been reported to the Internal Revenue Service as gross
income on form W-2 and includes additional compensation
deferred at the option of the employee.
"Misconduct" means the following work related
circumstances:
(1) Falsification of an employment application or any
other documentation provided to the employer to obtain
employment through subterfuge.
(2) Failure to maintain licenses, registrations, and
certifications reasonably required by the employer or
those that the individual is required by law to possess to

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perform his or her regular job duties, unless the failure
is not within the control of the individual.
(3) Knowing, repeated violation of the attendance
policies of the employer that are in compliance with State
and federal law following written warning for an attendance
violation, unless the individual can demonstrate that he or
she has made a reasonable effort to remedy the reason or
reasons for the violations or that the reason or reasons
for the violations were out of the individual's control.
Attendance policies of the employer shall be reasonable and
provided to the individual in writing, electronically, or
via a posting in the workplace.
(4) Damaging the employer's property through conduct
that is grossly negligent.
(5) Refusal to obey the employer's reasonable and
lawful instruction, unless refusal is due to the lack of
ability, skills, or training for the individual required to
perform the instruction or the instruction would result in
an unsafe act.
(6) Knowingly consuming alcohol or illegal or
non-prescribed prescription drugs or using an impairing
substance in an off-label manner on the employer's premises
during working hours in violation of the employer's
policies.
(7) Reporting to work under the influence of alcohol,
illegal or non-prescribed prescription drugs, or an

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impairing substance used in an off-label manner in
violation of the employer's policies, unless the
individual is compelled to report to work by the employer
outside of scheduled and on-call working hours and informs
the employer that he or she is under the influence of
alcohol, illegal or non-prescribed prescription drugs, or
an impairing substance used in an off-label manner in
violation of the employer's policies.
(8) Grossly negligent conduct endangering the safety
of the individual or co-workers.
"Public policy" means a policy in effect at the time of
discharge established by constitutional provision, statute, or
administrative rule.
Section 10. Employee to be furnished on demand with reason
for discharge.
(a) It is the duty of the employer after having discharged
any employee from service, upon demand by the discharged
employee, to furnish the discharged employee in writing a
statement of reasons for the discharge. If the employer fails
to furnish the statement of the reasons for discharge within a
reasonable time after the demand, the employer shall be subject
to the penalties and damages prescribed in this Act.
(b) A response to the demand may be modified at any time
and may not limit the employer's ability to present a full
defense in any action brought by the discharged employee.

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Failure to provide a response as required under this Section
does not limit the employer's ability to present a full defense
in any action brought by the discharged employee.
Section 15. Protection of discharged employees. If the
employer, after having discharged an employee from service,
prevents or attempts to prevent, by word or writing of any
kind, the discharged employee from obtaining employment with
any other employer, the discharging employer is punishable as
provided in Section 45 and is liable in punitive damages to the
discharged person, to be recovered by civil action. An employer
is not prohibited from informing by word or writing any other
employer to whom the discharged employee has applied for
employment a truthful statement of the reason for discharge.
Notwithstanding the foregoing, an employer shall be prohibited
from furnishing any statement of the reasons for discharge to
another employer if the discharging employer has not furnished
a written statement of the reasons for discharge to the
discharged employee as provided in Section 10.
Section 20. Blacklisting prohibited.
(a) If an employer in this State authorizes or allows any
of its agents to blacklist or if an employer does blacklist any
discharged employee or attempts by word or writing or any other
means to prevent any discharged employee or any employee who
may have voluntarily left the company's service from obtaining

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employment with another employer, except as provided for in
Section 15, the employer is liable in punitive damages to the
employee prevented from obtaining employment, to be recovered
in a civil action, and is also punishable as provided in
Section 45.
Section 25. Wrongful discharge.
(a) A discharge is wrongful if it (1) was a constructive
discharge, (2) was in retaliation for the employee's refusal to
violate public policy or for reporting a violation of public
policy, (3) was not for good cause and the employee had
completed the employer's probationary period for employment,
or (4) the employer violated the express provisions of its
written personnel policy.
(b) During a probationary period of employment, which may
not exceed 90 days, the employment may be terminated at the
will of either the employer or the employee on notice to the
other for any reason or for no reason. If an employer does not
establish a specific probationary period or provide that there
is no probationary period prior to or at the time of hire,
there is a probationary period of 90 days after the date of
hire.
Section 30. Remedies.
(a) A discharged employee may bring a civil action against
the employer for all relief necessary to make the discharged

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employee whole including, but not limited to, the following, as
appropriate:
(1) reinstatement with the same seniority status that
the discharged employee would have had but for the
violation;
(2) lost wages with interest and fringe benefits; and
(3) compensation for any damages sustained as a result
of the violation, including litigation costs, expert
witness fees, and reasonable attorney's fees.
(b) A party may make a written offer to arbitrate a dispute
that otherwise could be adjudicated under this Act. If a
complaint is filed under this Act, the offer to arbitrate must
be made within 60 days after service of the complaint and must
be accepted in writing within 30 days after the date the offer
is made. A discharged employee who makes a valid offer to
arbitrate that is accepted by the employer and who prevails in
such arbitration is entitled to have the arbitrator's fee and
all costs of arbitration paid by the employer. If a valid offer
to arbitrate is made and accepted, the arbitration is the
exclusive remedy for the wrongful discharge dispute and there
is no right to bring or continue a lawsuit under this Act. The
arbitrator's award is final and binding. A party who makes a
valid offer to arbitrate that is not accepted by the other
party and who prevails in an action under this Act is entitled,
as an element of costs, to reasonable attorney fees incurred
subsequent to the date of the offer.

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Section 35. Limitation of actions.
(a) Except as provided under subsection (b), an action
under this Act must be filed within one year after the date of
discharge.
(b) If an employer maintains written internal procedures
other than those described in subsection (c) under which a
discharged employee may appeal a discharge within the
organizational structure of the employer, the discharged
employee shall first exhaust those procedures prior to filing
an action under this Act. The discharged employee's failure to
initiate or exhaust available internal procedures is a defense
to an action brought under this Act. If the employer's internal
procedures are not completed within 90 days after the date the
discharged employee initiates the internal procedures, the
discharged employee may file an action under this Act and, for
the purposes of this Section, the employer's internal
procedures are considered exhausted. The limitation period in
subsection (a) does not commence until the procedures are
exhausted. In no case may the provisions of the employer's
internal procedures extend the limitation period in subsection
(a) more than 120 days.
(c) If an employer maintains written internal procedures
under which a discharged employee may appeal a discharge within
the organizational structure of the employer, the employer
shall within 7 days after the date of discharge notify the

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discharged employee of the existence of the procedures and
shall supply the discharged employee with a copy of the
procedures. If the employer fails to comply with this
subsection, the discharged employee need not comply with
subsection (b).
Section 40. Exemptions. This Act does not apply to a
discharge that is subject to any other State or federal law
that provides a procedure or remedy for contesting the dispute.
Those laws include laws that prohibit discharge for filing
complaints, charges, or claims with administrative bodies or
that prohibit unlawful discrimination based on race, national,
origin, sex, age, disability, creed, religion, color, and other
similar grounds. This Act does not apply to a discharge of an
employee covered by a written collective bargaining agreement
or a written contract of employment for a specific term.
Section 45. Violations. An employer that violates this Act
is guilty of a Class A Misdemeanor.