Illinois Whistleblower Law
Whistleblowers protected under common law “public policy” tort.
Court Decisions:
- Kelsay v. Motorola, 384 N.E.2d 353 (Ill. 1978)
- Palmateer v. International Harvester Company, 421 N.E.2d 876 (Ill. 1981)
- Wheeler v. Caterpillar Tractor Co., 485 N.E.2d 372 (Ill. 1985)
- Blount v. Stroud, 904 N.E.2d 1 (Ill. 2009)
- Callahan v. Edgewater Care & Rehabilitation Center, Inc., 374 Ill. App. 3d 630 (Ill. App. 2007)
Statutes:
- Whistleblower Act, 740 ILCS 174/1, 5, 10, 15, 20, 25, 30, and 35 (public and private employees)
- 820 ILCS 130/11b (discharge/retaliation of whistleblowers prohibited)
- 5 ILCS 430/15-5, 10, 20, 35, and 40 (state officials)
- 105 ILCS 5/34-2.4c (education)
- 210 ILCS 86/35 (healthcare)
- 20 ILCS 415/19c.1 (disclosure of prohibited activity protection—whistleblowers)
- 415 ILCS 5/52 (Environmental Protection Act—Whistleblower Provision)
Frequently Asked Questions
Does Illinois have a False Claims Act (FCA)?
Yes. The Illinois FCA covers cases beyond healthcare fraud as well.
Does the Illinois FCA have a whistleblower provision?
Yes. Whistleblowers under the Illinois FCA who successfully aid the state will receive between 15 and 25 percent of the recovery in cases where the state intervenes and 25 and 30 percent where the state does not intervene.
Does Illinois recognize the public policy exception for wrongful termination?
Yes. An employer cannot terminate an employee for a reason that violates a clearly mandated public policy.
