Is this a basis for a wrongful termination suit?

Asked over 5 years ago - Chicago, IL

I was terminated for an alleged HIPAA violation.
They violated their companies termination policies,and I was terminated 1 wk before my
sign on bonus of $1000.00.
I received unemployment for 2 wks and my employer appealed. Their appeal was denied
because they could not prove willful misconduct.
I only worked for them 6 months. I believe it is
retailiation because during my probationary period I went to boss' supervisor to complain about her unprofessional behavior towards me
and I am the only white employee in the department. Do you think they would settle out of court in light of unemployment's findings?

Attorney answers (2)

  1. Diana S. Brodman Summers

    Contributor Level 11

    Answered . First the decision by IDES (unemployment) will have zero bearing on any other litigat6ion. Why? Because IDES runs on its own set of laws. Misconduct, a 602 A violation, is very specific to a particular rule in the Illinois Unemployment Act. So the IDES decision is useless to prove anything else.

    If you are an at will employee, that is not under a union or employment written contract, your employer is not bound by their own policies. Unfair? Yes, but Illinois laws are pro-employer and at will employees get few rights.

    If you believe that you were terminated due to discrimination by age (over 40), sex, race, color, nationality, ethnic origin, religion, disability, marital or military status you may want to file a discrimination complaint against your employer. For more information on that go to www.eeoc.gov. That website will explain the issues of discrimination and how to file a complaint. You may want to have an attorney file the complaint for you and may want to take it into Federal Disctrict court.

  2. Michael Hassen

    Contributor Level 14

    Answered . It is very difficult to follow the fact pattern you are summarizing. It sounds as if you were fired again for a reason unrelated to the HIPAA violation? Is that correct? In any event, it is not possible to predict what your employer would do without knowing what claims would you be bringing against the employer and analyzing whether the prior findings have any relevant to those claims. I would recommend against bringing a case simply in the hope of obtaining an out of court settlement.

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