Illinois Whistleblower Act: Protections for Refusing to Participate in Illegal Activities

The Illinois Whistleblower Act is a state law that provides legal protections for employees who report illegal or unethical activity in the workplace. However, the law also offers safeguards for employees who refuse to participate in such activities in the first place. Under the Illinois Whistleblower Act, an employer may not retaliate against an employee who refuses to participate in an activity that would result in a violation of state or federal law.

These protections are particularly important for employees who may be asked to engage in activities that go against their moral or ethical beliefs or could result in legal consequences. For example, a car salesman may be asked to participate in fraudulent practices, or a social worker may be asked to transport a client to a location that could be detrimental to their rehabilitation. In such cases, the employee can refuse to participate without fear of retaliation from their employer.

At Kreitman Law, LLC, we have helped numerous clients who have been retaliated against for refusing to participate in illegal activities. For example, one of our clients was a car salesman who refused to participate in defrauding customers, and another was a social worker who refused to transport a client to a known drug house.

We also participated in the Oommen v. Glen Health & Home Management Inc. case by writing an amicus brief for the Illinois Trial Lawyers Association. The case involved a doctor who was terminated after refusing to forge a death certificate for a patient who died after falling on her head at a nursing home. The defendant argued that the doctor was not protected by the Illinois Whistleblower Act because the nursing home was not a “State agency” as defined by the Act. However, the court ruled that the nursing home was a “State agency” under the Act because it received government funding and was licensed by the State of Illinois. The court held that the doctor had standing to bring an Illinois Whistleblower charge against his employer and allowed the case to proceed.

These cases highlight the importance of the Illinois Whistleblower Act in protecting employees who refuse to participate in illegal or unethical activities, and in allowing whistleblowers to bring charges against their employers. If you believe you have been retaliated against for refusing to participate in such activities, or for reporting suspected illegal or unethical activities in the workplace, please contact us at Kreitman Law, LLC for a free consultation.