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Starting a Business | Trademark | Inventors | Contracts

Employee Contracts

An employer is under no obligation to provide a written contract to an employee. Most employment relationships are based upon oral representation.

Generally, if an employee does not have a written contract, an employer can fire him or her at any time for any reason and does not need to give advance warning.

There are exceptions, however. An employer may not fire or discriminate against an employee based on race, sex, color, disability, religion, or because an employee files a complaint about the employer with a government agency. A written contract may put additional limits on the employer's ability to fire an employee.

In a situation of suspected workplace discrimination, consult with an attorney or contact the Equal Employment Opportunity Commission or the Illinois Department of Human Rights.

An employer is under no obligation to pay a fired employee for remaining sick days, but Illinois law requires that the former employee be paid for accumulated vacation days earned up to the day of termination unless there is a contract or collective bargaining agreement.

The employer is obligated to pay you up to the time of the firing. If a former employer fails to pay, a wage claim can be filed with the Illinois Department of Labor. The law also regulates the working conditions and number of hours worked, especially for minors.

Employers usually find it advantageous to cover any liability toward their employees with insurance. The type, amount and extent of coverage is up to the business owner.

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.

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