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Illinois Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Illinois on
Q: I lease a tractor trailer in Illinois and worked for them. They have not paid me. Do I need a lawyer from Il.?

I never signed a lease. We communicated mostly through email and text. They have my maintenance, escrow and final 3 weeks of pay withheld. I was supposed to lease a truck, but it never was ready. I was told I would get everything back, but they quit communicating after I came back to Louisiana.... View More

Michael I. Leonard
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answered on May 2, 2024

You do not have to retain a lawyer, but from the sounds of it, you may not get very far without one. You might also reach out the Illinois Department of Labor, or go to its website. You can file a Charge on-line for unpaid wages under certain circumstances.

1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Q: I made a complaint with employer about race discrimination and they say I’m just making an excuse! Should I go to eeoc?

I’ve went to my employer about being racially discriminated and harassed. After that they pull the only other person of my race in the office. They ask him if he feels discriminated against he tells them no. At the end of the conversation my branch manager tells the other guy that he feels like... View More

Michael I. Leonard
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answered on May 2, 2024

You can always file a Charge of Discrimination with either or both the Illinois Department of Human Rights or the Federal Equal Employment Opportunity Commission. However, keep in mind that, in general, you need to be able to show that you have suffered an "adverse employment" action.... View More

0 Answers | Asked in Employment Law for Illinois on
Q: Hello. Can I sue fed ex for wrongful termination for firing me for something I didn't do?

I was accused of not getting a signature for a package which I did. They were able to talk to the business and verify that I did infact get the signature yet they are still keeping the investigation open and won't allow my to work. I've been there for about 3 years and have been in this... View More

1 Answer | Asked in Employment Law for Illinois on
Q: I was let go from my company end of November with severance pkg. They haven’t paid bonus, am I eligible? Others got it.

Am aware I did the max sales, others got bonus but not me. None did achieve the exact sales target but only I was not paid. Please help me if am eligible & can claim?

Cynthia Pietrucha
Cynthia Pietrucha
answered on Apr 10, 2024

Sorry to hear about your recent job loss. Whether you are entitled to your bonus depends on (1) the company's bonus policy and (2) the terms and conditions of your severance package.

Most separation packages address whether you are entitled to the bonus by either (1) explicitly...
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1 Answer | Asked in Civil Rights, Employment Law and Landlord - Tenant for Illinois on
Q: Even if it’s illegal to live at a commercial business can you be secretly recorded if you stay in a room turned bedroom?

An acquaintance has offered for me to stay at his business while I also work for him. There is a room that’s been my place of dwelling for the past couple of months. He gave me an opportunity to stay there instead of doing hotels everyday because it’s closer for me from the workplace and to... View More

James L. Arrasmith
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answered on Mar 18, 2024

Living in a commercial space can present unique challenges, especially when it comes to privacy. It's important to know that regardless of the legality of your living situation, your right to a reasonable expectation of privacy in areas considered private, such as a living space or bedroom,... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Is there a time limits to sue a company you use to work for?

The assistant manager named Cerica who worked the same position as me, one day got mad because I removed a sticky note she wrote so she tracked me down in the hotel, got in my face threatening to beat me up and throw me over the balcony on the 2nd floor, she proceeded to call me racial slurs,... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Apr 3, 2024

I'm sorry to hear about your situation. DO NOT DELAY. Your legal rights have strict deadlines. If you wish to sue the company for something like racial discrimination in Illinois, your deadlines can be as short as within 300 days of the alleged discrimination if your allegations require a... View More

1 Answer | Asked in Employment Law for Illinois on
Q: How do I find a Ilinois attorney

I have an EEOC for discrimination against my employer in Chicago. I work from home in Georgia. The EEOC has determined that my case is eligible for immediate mediation (I have not yet agreed to mediation) My employer refused to promote me to higher positions in the company as well as stated that... View More

John Michael Frick
John Michael Frick
answered on Mar 12, 2024

Click on the "Find a Lawyer" tab. Fill in the box on the left "employment law" and fill in the box on the right with a city near you in Illinois.

Then scroll through the profiles of the Illinois attorneys.

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Have my employment rights been violated?

I was unofficially fired, now being forced to beg supervisor to keep my job. Fired for leaving during my shift. I left because I was suffering from injuries obtained that same morning from a DV attack at home. I was only recently informed of VESSA. I do not believe my employer has any posting for... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Feb 22, 2024

Based on the details provided, it appears that your employment rights may have been violated under the Illinois Victims' Economic Security and Safety Act (VESSA). VESSA provides certain rights to employees who are victims of domestic or sexual violence, or who have family or household members... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: Illinois Worker's Comp

If I have a candidate working remotely in Illinois but their base is in Indiana, do I have to add Illinois to my worker's comp insurance or can I just keep Indiana's and be covered?

Charles Candiano
Charles Candiano
answered on Jan 31, 2024

You are using words that are amenable to multiple interpretations. If you mean to say that you have an employee who lives and works in Indiana for your business that is headquartered in Illinois, you need to have Worker's Compensation insurance in Illinois. If a worker sustained a... View More

1 Answer | Asked in Employment Law for Illinois on
Q: I was hired fully remote that is on my signed agreement. The company now built a new building and wants me to come in.

Do I have a legal stand point? What should I do?

Cynthia Pietrucha
Cynthia Pietrucha
answered on Jan 22, 2024

Your situation may indeed involve a potential breach of contract, depending on the specific terms outlined in your signed employment agreement. If your contract explicitly states that your position is fully remote, the company's request for you to work in-person at a new building could be a... View More

1 Answer | Asked in Employment Law and Public Benefits for Illinois on
Q: I’m having a baby in May & I'm wondering if I can collect unemployment while on maternity leave/medical leave.
Cynthia Pietrucha
Cynthia Pietrucha
answered on Jan 12, 2024

In Illinois, as in many states, unemployment benefits are typically available to individuals who are out of work through no fault of their own and who are ready, willing, and able to work. To collect unemployment benefits, claimants must also be actively seeking employment.

Maternity leave,...
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1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: I live in Illinois and work for a dealership, which I will not name. Every day at work the manager directly above me har

Harasses me constantly. He calls me anti gay slurs, I am hetero he insults my intelligence, every time I same anything he interrupts me and makes noises and stutters and such. I loved my job at one time .... Is there anything I can do??

T. Augustus Claus
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answered on Jan 11, 2024

If you're facing harassment and discrimination at your workplace in Illinois, there are steps you can take to address the issue. You may want to document instances of harassment, including dates, times, and details of what occurred. Check if your employer has a specific policy on reporting... View More

1 Answer | Asked in Education Law, Employment Law and Contracts for Illinois on
Q: I work in Cook county as a secondary teacher for a private school and want to break my contract.

I have health issues and was not informed that I would be teaching in a building with poor HVAC. Most days of the week I experience headaches and spend most of my free time recuperating. My contract requires a 3 month notice. I am looking for a position outside of teaching with a better work... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Jan 3, 2024

I'm sorry to hear about your situation. If you have a diagnosis from a doctor indicating a disability that contributes to your headaches, it's advisable to explore reasonable accommodation options with your employer. Under the Americans with Disabilities Act (ADA), employers are required... View More

Q: My wife got an explicate emails which turned out to be a guy at her place of employment. HR lady is married to owner....

My wife got a strange email few months ago from a guy. It was very strange so I responded by saying hi, who are you? He said he was someone who was very interested in my wife and went on to say a bunch of sexually explicit things in the conversation. He stated he was a "neighbor" and... View More

James L. Arrasmith
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answered on Nov 28, 2023

This situation, where your wife received explicit emails from a colleague, is concerning and should be addressed seriously. First, ensure that you have preserved all the emails, including those from the Gmail and company accounts. This evidence is crucial for any future actions.

Given the...
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1 Answer | Asked in Employment Law for Illinois on
Q: I received a "severance" offer after being terminated can I accept this severence and still collect unemployment?

Severence contains legalese so hard to see if they mention collecting unemployment as well. Can they legally say that I won't file if I sign this document? If they don't respond to IDES phone calls, will I not be able to get it? I know from past experience with other terminated employees... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Nov 21, 2023

Severance Pay and Illinois Unemployment Benefits

In most states, an employee can collect unemployment benefits only if it’s the employer’s fault you lost your job. For example, if your company can’t afford to pay you anymore or doesn’t like how you perform your job, the...
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2 Answers | Asked in Employment Law and Immigration Law for Illinois on
Q: I have a company that operate in IT consulting . When hiring h4 ead shuld I submit any forms with Labor or USCIS???

Planning to hire H4Ead candidate

James L. Arrasmith
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answered on Nov 18, 2023

When hiring an individual on an H-4 EAD (Employment Authorization Document), your company generally does not need to submit any forms to the Department of Labor or USCIS specifically for their employment. The H-4 EAD allows the holder to work for any employer in the United States without the need... View More

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2 Answers | Asked in Constitutional Law, Employment Law and Employment Discrimination for Illinois on
Q: I was told in March of 2023 I needed to provide proof i did not have a disability or that I did however I never requeste

I never requested special accommodations and was let go for failing to provide proof iwas not a harm to myself or others

James L. Arrasmith
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answered on Nov 15, 2023

Under the Americans with Disabilities Act (ADA), employers are prohibited from discriminating against employees based on real or perceived disabilities. This includes making unfounded requests for proof of a disability or lack thereof, especially if no accommodation has been requested. If you were... View More

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1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Illinois on
Q: wrongful termination based on race and religion

I was hired than a company for a period of time and the end of the 90 days period I got fired based on this wrongfully termination I got severed damaged financially mentally and emotionally through a lot of abused and harassment at the workplace my case right now at the federal court.

T. Augustus Claus
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answered on Nov 2, 2023

The law protects employees from being fired for their race, religion, age, gender, disability, or other protected characteristics.

To win a wrongful termination lawsuit, you must prove that your employer fired you for an illegal reason. You can do this by providing evidence of...
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1 Answer | Asked in Employment Law for Illinois on
Q: Can i get unemployment if i cannot mentally handle my job?

I had a spine straightening surgery in July, my dr has me working from home but my boss doesn’t want me to so he is being EXTREMELY difficult to the point that i’m now on anxiety meds and have to see a therapist. Ive been sick with anxiety for over a month. Can i get unemployment for mental... View More

James L. Arrasmith
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answered on Oct 28, 2023

In Illinois, you may qualify for unemployment benefits if you leave your job for "good cause." Medical conditions, including mental health issues, could be considered "good cause" if they prevent you from performing your job duties. If your doctor has advised you to work from... View More

2 Answers | Asked in Employment Law for Illinois on
Q: In IL, former employee was paid bonus but should not have been. Identified a month ago. Employee quit but owes money;

Can employer withhold final pay and accrued PTO to get some of the money back?

Cynthia Pietrucha
Cynthia Pietrucha
answered on Oct 27, 2023

Refer to IDOL's Deductions From Pay FAQ

https://labor.illinois.gov/faqs/deductions-from-pay-faq.html

FAQ #6 states:

6. Can an employer make deductions from my pay for overpayments made to me?

When an employee agrees an overpayment has been made the entire sum...
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