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Questions Answered by Cynthia Pietrucha
1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: I was terminated from my job and my employer discussed my termination with my coworkers, is this legal?
Cynthia Pietrucha
Cynthia Pietrucha
answered on Mar 1, 2023

I'm sorry about your job termination. It's not necessarily illegal for an employer to discuss your termination with coworkers. However, it depends on what was said and who discussed the termination. How do you know your termination was discussed with co-workers? Did the discussion... View More

1 Answer | Asked in Cannabis & Marijuana Law, Employment Discrimination and Employment Law for Illinois on
Q: I am being denied employment by a company in chicago because I had marijuana in my drug test. Is this legal? If not what

What are my options?

Cynthia Pietrucha
Cynthia Pietrucha
answered on Feb 24, 2023

Based on the information you've provided, it appears the company's refusal to hire you based on a failed drug test for marijuana does not appear to be illegal. It's really unfair as cannabis metabolites can be detected in urine even 30 days after someone ingests the drug, making it... View More

2 Answers | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Harassment at work has been reported and nothing done

I work for the state of illinois. A coworker has harassed me several times recently. I’ve reported it in writing to my supervisor. I’ve sent him the email of the harassment and nothing is done. I’ve also been written up for saying “I’m not a fan of him” when referring to the person... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Feb 6, 2023

I'm sorry to hear about your difficult situation. Not all "harassment" is illegal - or in other words being a jerk/rude is not enough to create legal claim. Instead the harassment must be based on a protected class characteristic like race, age, gender, etc. or retaliation because... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: Kroger fired me following a panic attack (CPTSD) after a coworker yelled at me, can I sue?

Hello. I began working at a Kroger factory in October last year. In November, i had a panic attack due to a coworker yelling at me, and I have CPSTD, and being yelled at or facing aggression of any kind sends me into panic attacks. That day, the supervisor sent me home. Before that, she told me... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Jan 24, 2023

Sorry to hear about your experiences. Under federal law (the ADA) you would have to prove that the employer knew you had these disabilities and that you were fired because of these disabilities. You carry the burden to prove your case. If you worked in Ohio, you should locate a local employment... View More

1 Answer | Asked in Employment Law for Illinois on
Q: I had surgery on Friday 1/13/23. I told my boss I needed an extra day (Monday) off. I now have a point against me for it

I am now at work in pain because I fear I will get more points against me. They have a system where if you get 7 points, you’re fired. I’m not sure if this is legal or if there is anything I can do in this situation. I have doctor’s notes for my surgery and my missed day on Monday 1/16/23.

Cynthia Pietrucha
Cynthia Pietrucha
answered on Jan 17, 2023

Sorry to hear about your surgery. If you had a doctor's note for taking Monday off, and your employer would not accept it, you may have a case for denial of reasonable accommodations. Depending on if you qualify for job-protected leave, you may also have a case for violation of the FMLA.... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: Hello,I have a question about medical conditions and my rights as an employee.

Hello,

I am 30 years old and have been employed by my current employer for approximately 2 1/2 years. I am full time and work 40 hours per week.

Recently I was diagnosed with Ehlers-Danlos Syndromes (EDS). My doctor wrote a letter for me to amend my duties based on my condition.... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Jan 11, 2023

I'm sorry to hear about your situation. It appears you asked for reasonable accommodations for your disability. The employer had an obligation to engage in a good faith interactive process to determine if you could complete your job with or without accommodations. If you want to take action,... View More

1 Answer | Asked in Employment Discrimination and Employment Law for West Virginia on
Q: Started work on 5/1 for the state of WV. Had a seizure AT work 5/5 morning. Got fired 6/14. Fired for reasons from seizu

Started work on Monday working for the state of WV.

Had a seizure AT work Friday morning of the same week.

Coworkers heard me hit my head off of desk/computer as I was seizing. Called 9-11 and went to ER by ambulance.

Returned to work on Monday (2 days later)... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Sep 28, 2023

You may have a disability discrimination case. Check with a lawyer in your state to understand your rights under WV law. You can also contact lawyers out of state to understand your rights under federal law. Best of luck!

1 Answer | Asked in Employment Law and Employment Discrimination for Maryland on
Q: Hello I went out on short term dis for throat cancer 4-6-23, and just received a letter saying I was fired, can you help

I am currently unable to work with a treach tube, feeding tube and 2 small blood clots in my lungs. And then I get news that I'm fired??? Can some ne please help me?

Cynthia Pietrucha
Cynthia Pietrucha
answered on Aug 15, 2023

I'm so sorry to hear about your situation. My firm provides nationwide representation to individuals who are terminated while seeking medical care. We file FMLA interference and retaliation lawsuits. We have helped many individuals fired while getting cancer treatment. www.pietruchalaw.com

1 Answer | Asked in Contracts and Landlord - Tenant for Illinois on
Q: Is it possible to get out of a lease without legal repercussions?

My daughter is currently renting an apartment with my niece and my brother(my niece's dad) is a cosigner.

Cynthia Pietrucha
Cynthia Pietrucha
answered on Apr 20, 2023

My firm has helped individuals and businesses get out of leases by corresponding with landlords to make this request. However, the possibility of breaking a lease depends on where you live and the landlord you are dealing with. For example, City of Chicago is a lot more difficult than the suburbs... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Lack of communication between Walmart and sedgwick lead thembto fireme I think it's wrongful termination

Went on leave a absence from Walmart i was fired because they didn't communicate with sSedgwick company

Cynthia Pietrucha
Cynthia Pietrucha
answered on Feb 22, 2023

I'm sorry to hear about your experiences with Walmart. I'm an Illinois attorney and handle federal employment discrimination cases and violations of federal laws. I've helped Walmart employees with this exact issue, usually by filing a federal charge of discrimination based on... View More

1 Answer | Asked in Employment Law for Illinois on
Q: In illinois, does unpaid medical leave make you eligible for unemployment benefits?

I am still employed but unable to do my job because of an injury (not work related); therefore, I was placed on an unpaid medical leave of absence and am receiving no pay. I am able to do some form of work; however, my job requires me to stand for long periods of time, which I am unable to do. As... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on May 20, 2021

I'm sorry to hear about your injury. If you haven't already, you should ask your employer for a light duty assignment supported by a doctor's note indicating the need to do work that does not require standing for long periods of time. The employer would then have the duty to... View More

1 Answer | Asked in Employment Law for Illinois on
Q: With Biden's new executive order, may I keep my unemployment benefits if I quit my job due to fear & medical reason?

I do not feel safe returning due to the nature of my job (janitorial) at a very large bar/restaurant (who has remained open) , and mostly due to my medical condition (asthma), I have a mother who is severely immounocomprised I live with/ I also think that the job in general is so physically... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Feb 12, 2021

Here are some IDES FAQ you may find helpful:

3/16/2020 COVID-19 and Unemployment Benefits - IDES

https://www2.illinois.gov/ides/Pages/COVID-19-and-Unemployment-Benefits.aspx 2/3

What if I‘m temporarily laid off because the place where I work is temporarily closed because...
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2 Answers | Asked in Bankruptcy, Civil Litigation and Employment Discrimination for Illinois on
Q: will bankruptcy get rid of this lawsuit?

I was injured at work, was on workers comp for several months and was cut off right before surgery by the whole insurance playing their games. my wc lawyer pawned me off to another "trial" lawyer who then pawned me off to another "new guy in the firm" lawyer who completely... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Dec 14, 2020

I'm sorry to hear about your experiences. You should immediately reach out to a competent attorney to address the pending lawsuit from the actual company. At the very least you will need to complete consultation to fully understand your options.

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1 Answer | Asked in Employment Law for Illinois on
Q: What all can an employer legally disclose to a 3rd party in my personnel file?

Employers are not supposed to disclose disciplinary issues or letters upon request of personnel files, none of which I was ever officially given in the first place. However my termination letter includes multiple reasons for my termination that had been compiled after they decided to terminate my... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Dec 11, 2020

In Illinois, the governing law for personnel records is:

820 ILCS 40. This Act may be cited as the Personnel Record Review Act.

(Source: P.A. 86-1324.)

See the law and how you can file a complaint about violations here:...
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2 Answers | Asked in Employment Law for Illinois on
Q: Can my district manager force me to pay my own money to make up for lost wages of another employee?

I work at a franchise of Dominos as the General Manager. One of my associates did not properly clock his hours last payroll resulting in no paycheck on friday. my district manager (my boss) says there is no other way to get him his money besides me paying from my own pocket. They take my bonuses... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Nov 23, 2020

No. Not only is it unfair, but it is illegal.

The Illinois Department of Labor has offered the following FAQ on this topic:

Can my employer take money out of my wages to cover cash register shortages or damages to the employer's equipment/property?

No, an employer...
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1 Answer | Asked in Employment Law for Illinois on
Q: My work is opening illegally & defying the governors no indoor dining order, will unemployment side with me if I quit?

I live in Illinois, and I also have an underlying health condition (asthma) . I was told I was laid-off 4 days ago, I began the unemployment process, as they were closing the doors and following the rules at first, now I am told I need to return in a couple days.

Cynthia Pietrucha
Cynthia Pietrucha
answered on Oct 28, 2020

What a crazy world we live in! Be very careful in this scenario. To collect unemployment benefits, if you are not coming in due to asthma, you would need a doctor's note BEFORE you don't return. Also you should communicate in writing so you have evidence of your communications.... View More

2 Answers | Asked in Employment Law for Illinois on
Q: In IL., is it legal to drop ones pay 30 % if asked to take another position within the company?

I work for a major retail firm.

Cynthia Pietrucha
Cynthia Pietrucha
answered on Sep 30, 2020

Yes, under the Illinois Wage and Payment Act, an employer may reduce your rate of pay IF you are notified of the change prior to performing the work and your wage does not fall below minimum wage. See Section 300.630(d).

TITLE 56: LABOR AND EMPLOYMENT

CHAPTER I: DEPARTMENT OF LABOR...
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1 Answer | Asked in Employment Discrimination for Illinois on
Q: Can an employer resend a job offer after I let them know about a birth defect that may slightly slow me down?

Delivery company was having me fill out paper work for employment. Back ground checks and waivers and such, I let him know that I have a medical condition with my legs and I may not be as fast as his other employees. He said he'd have to talk to his boss. He comes back and said he'd have... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Jul 10, 2020

The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer ("undue hardship"). You should connect with an experienced employment discrimination attorney... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Wisconsin on
Q: I'm high risk for COVID. Boss says return to office instead of working remotely. Do I get unemployment if I get let go?

I have a Doctor's note stating I should work from home. The office has not been professionally cleaned, there "are sanitizing wipes if needed.." There is only one bathroom for the entire floor of the office building I am in. Over half of the staff already works from home. I have... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on May 26, 2020

Under federal law, you likely have the right to ask for a reasonable accommodation for your disability. Have you shared the doctor's note with management or human resources? If not, immediately write a request for a reasonable accommodation to work from home. Your doctor's note needs... View More

1 Answer | Asked in Employment Discrimination for Illinois on
Q: Is it really legal to not allow an employee to work if they medically can not wear a face mask.

The order states that those who are medically able to wear them must. But what about those who can't. Can they really tell us we can't work? Are stores really able to deny us access because we can not wear the mask because of a disability?

Cynthia Pietrucha
Cynthia Pietrucha
answered on May 4, 2020

This is a difficult topic that does not have a clear "yes" or "no" answer. Overall, you should be allowed to make decisions for your own well being but in an employment setting, the employee doesn't have full control.

The logic behind the mask requirement is that...
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