Earlier quoted context omitted.
Even when you have been made redundant?
It seems to depend on the totality of the circumstances, in Illinois, so I'd imagine the nonvoluntary nature of the termination would be taken into account. But there doesn't seem to be a clear answer. If it ended up in litigation it could get messy; there isn't a terribly large amount of guidance from the courts.
I would feel pretty comfortable presenting this argument to a judge, even without a lawyer present.