Can you get fired for being late to work in Illinois? Here’s what state law says
Can your employer legally fire you for showing up late to work in Illinois, even if it’s the first offense?
While some Illinois residents work remotely, others must commute daily to their workplaces. The average one-way commute time in Illinois is 28.1 minutes, just above the national average of 26.8 minutes, according to the U.S. Census Bureau.
With all the variables of rush-hour traffic, construction-related delays and slowdowns due to roadway crashes, sometimes one’s commute can take much longer than planned, potentially leading to late arrival times to work.
Whether you were held up in traffic, overslept or spent too long in a coffee drive-thru, here’s what Illinois law says about employers firing people for being late to clock in.
Can your Illinois employer fire you for tardiness?
The short answer is yes, your Illinois employer can generally fire you for being late to work, unless there is discrimination involved or you were missing work time for a legally protected reason.
The Land of Lincoln is considered an “employment at-will” state, according to the Illinois Department of Labor, which generally means employers can terminate your employment at any time. However, there are certain cases where it would be illegal to fire someone.
“People can be fired from jobs for any number of reasons, or for no reason at all,” Teri Ross, executive director of Illinois Legal Aid Online, said in a previous interview with the News-Democrat.
Illinois employers cannot legally discriminate based on “race, color, religion, sex, national origin, ancestry, citizenship status, age, marital status, physical or mental handicap, military service or unfavorable military discharge,” the state’s department of labor says.
Additionally, workers cannot legally be fired for reporting issues such as safety concerns, harassment or discrimination, or for any reason that violates public policy.
If an eligible employee is missing work due to a situation covered by the federal Family and Medical Leave Act, their job is protected.
Illinois employees are also entitled to up to one week of paid leave under the Paid Leave for All Workers Act, so an eligible employee cannot lawfully be penalized for taking this time, in most situations. Employers can adopt a “reasonable policy” outlining reasons they can deny paid leave requests due to operational necessity, according to the state’s department of labor.
If you believe your employer is violating your rights, you can report them to the Illinois Department of Labor by filing an online complaint or visiting an office in person. Southern Illinois’ office is located at 2309 W. Main St., Suite 115, in Marion, and can be reached at 618-993-7090.
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