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Illinois Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Is it hard to win a wrongful termination case?

Quick run down, I have been working for the company for over 20 years I am 65 years old . I received a letter that I was terminated with no explantion as of why I was terminated. I have an idea its based off my age and my seniority with the company. I feel like they terminating me because of my age... Read more »

Cynthia Pietrucha
Cynthia Pietrucha
answered on Jun 2, 2023

I'm sorry to hear you lost your job after such long tenure. The honest answer is Yes it's hard to win a wrongful termination case, and if you sue, it could take years for a resolution. The burden of proof is on you to show direct and indirect evidence that your age was the factor that... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Q: Did Amazon violate EEOC law?

I applied to Amazon Web Services and my application was somehow linked to another person with my exact name (except the middle name). This person was able to review my job application and resume, and I was able to view theirs. They also reached out to me on LinkedIn. I'm under the impression... Read more »

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

It does not sound to me like you suffered unlawful employment discrimination on the basis of race, color, ethnicity, sex, religion, age, disability, or pregnancy.

While it is certainly a good practice to keep job applications confidential, there is no federal law that requires employers to...
Read more »

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... Read 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... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: I am unable to do my job due to the state of my mental health, caused by a hostile work environment. What can I do?

After communicating with a supervisor and HR regarding my mental health and concerns about a hostile work environment, including harassment via micro-aggressions and unfair scrutiny/biases, my employer retaliated with increased scrutiny, overt incivility, and a denial of benefits.

A... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 21, 2023

If you haven't already, you should make a written report to your company's HR department regarding the differences in treatment you have observed that may be based on race (based on your message above). While treating some employees more favorably than others is inherently unfair, this... Read 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... Read more »

Eva Zelson
Eva Zelson
answered on Feb 9, 2023

You absolutely have the right to work in an environment free from harassment, and your employer has an obligation to do something about it if you report harassment in the workplace to them. However, to qualify legally as a hostile work environment, the harassment must be so severe or pervasive that... Read more »

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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... Read 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... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Q: Can a company fire me within my 2 week notice while I'm on ADA?

I've been with the company almost 10 years but management has been getting worse and I feel like they are pushing me out. I also feel like the fact I'm on ADA for a medical disorder I have isn't helping with how they treat me.

Nicholas James Crawford
Nicholas James Crawford
answered on Sep 6, 2022

The American's with Disabilities Act requires that your company make reasonable accommodations for your disability and that the company can not discriminate against you because of your disability. If you already have an ADA accommodation request with your employer, it would be very suspicious... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Illinois on
Q: I was hurt at work ended up with carpal tunnel, then fell and hit my head. Also feel intimidated by my Boss as well

After hurting my hand and having carpal tunnel surgery I was in the enterance of the store were I dont really know what happen next I was on the floor with my head bleeding all I was doing was helping a customer get out the door, the door did not open and is still broken to this day. Was taken to... Read more »

Charles Candiano
Charles Candiano
answered on Apr 27, 2022

I am not addressing the friction with your supervisor. If you wish to address that, you should speak with someone who concentrates on employment law.

I am addressing your work injuries. You do not tell us how you injured your hand. From your description, I will assume that it was a single...
Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Q: I'm being told that because I no longer work there they don't have to pay me my vacation or personal time off ?

I worked there for 3 years an give 2 weeks notice of taken a new job

James G. Ahlberg
James G. Ahlberg
answered on Jan 25, 2022

If your employer is located within the State of Illinois, he is required to pay you the proportion of your vacation which you've earned when you leave the job. For example, if your employer provided two weeks of vacation per year and you worked half the year before leaving, he must pay you for... Read more »

1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Employment Discrimination for Illinois on
Q: Hello. I believe that I have solid discrimination case against my employer. I would like to get a legal perspective.

I believe that I am being wrongfully discharged and I need legal advice. My doctor’s recommendation against my taking vaccinations due to previous medical reactions were rejected by my employer. I also have religious beliefs that do not support my taking the vaccines. My employer fraudulently... Read more »

Charles Candiano
Charles Candiano
answered on Nov 15, 2021

Sorry, but it is a slam-dunk loser. Every court that has addressed compulsory vaccination has found that it was merited. If your children are not vaccinated (against childhood diseases), they CANNOT attend public school. Why should you have an additional opportunity to become infected and to... Read more »

1 Answer | Asked in Civil Rights, Contracts, Employment Discrimination and Employment Law for Illinois on
Q: What is the statute of limitation on indefinite employment contracts overseas with US based corporation?

I was hired as country manager by a US 500 company in 2013 on indefinite employment terms contract. 12 months later problems started mainly because I refused company illegal way of doing business. As a result, I was fired and sued for criminal charges in the foreign country. In 2019, I won an... Read more »

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 14, 2021

IL statute of limitations on a breach of contract action is ten years. But first, you have to ascertain which country's laws apply. Did you have a written employment agreement and where was was it signed, in the US or in that foreign country? That's the law that will apply to a breach of... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Can I file a law suit against my employer or find out if others already have - if they are forcing vaccines on employees

That have not been approved by the FDA?

James G. Ahlberg
James G. Ahlberg
answered on Aug 19, 2021

The vaccines have been approved by the FDA on an emergency basis. Your employer is not forcing the vaccine on you. They are simply saying you can't work for them if you aren't vaccinated. Your choice entirely.

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Illinois on
Q: im writing due to the fact that i have been harrased at work and it is now very hostile work place

the manager used spanish to describe the job details. i only speak english i asked a few times to explain the job in english, i was not properly trained and i have heard them used foul racial slurs

Charles Candiano
Charles Candiano
answered on Aug 16, 2021

You need to ask a question. Entry level jobs are plentiful and many employers are offering incentives. If this is a new, entry-level position, move on. If racial hostility or hostility against non-Spanish-speaking people is obvious, you may wish to seek a Right to sue letter from the EEOC but... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Illinois on
Q: Does salary non exempt allow employers to pay unfair/uneven wages for same job title and description

I have worked here for 5 years in QA department, have had many meetings with PM, HR and my manager about pay. They state merits are the same across the board, take it or leave it. On production floor they are hourly, have a top out rate on pay after 2 years(literally ppl after 2 years make more... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 21, 2021

While your situation seems unfair, the only federal laws governing the payment of wages are minimum wage and overtime laws (if you're paid by the hour and work over 40 hours per week). So, as long as your pay is at or above minimum wage, your employer's pay system is not unlawful.

2 Answers | Asked in Contracts, Employment Law and Employment Discrimination for Illinois on
Q: Can my job fire me for not telling them I have a mental illness?

They made us sign a paper saying that I must disclose all medical conditions including mental illness and if I withhold any information and they find out I could get fired. So if I were to show up to work and told someone I had depression they said that they could fire me for that. But is this even... Read more »

Charles Candiano
Charles Candiano
answered on Apr 13, 2021

Your question isn't about employment law. Rather, it is about contract law. So long as the subject in terms of the contract do not involve contraband or other illegal activity, it has long been established that a person's right to contract is unlimited. Nobody "makes" you do... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: My employer didn’t let my return back to work after maternity leave unless I agree to their terms .

I left for maternity leave on 12/16/2020 my return date was supposed to be March 9,2021 my employer didn’t let me return to work unless I agree to their terms. I lost a week of pay because they postpone my return date. My hours also change . Can I sue ?

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 17, 2021

The answer to this question will depend on how you took maternity leave. If you took leave under the Family and Medical Leave Act (FMLA), then upon returning to work, you are required to be returned to your same or a substantially similar position.

1 Answer | Asked in Consumer Law, Employment Law, Constitutional Law and Employment Discrimination for Illinois on
Q: Hello. I haven't received my rise due Dec 2020. Also construction going on was sent home without pay. Miriam

I was FT now PT due to coronavirus Manager cut my hours to 60. I tried unemployment. I was denied because Manager gave me 21 hours a week since pandemic should've have been 20 or less a week. Also I get no Holiday pay when I worked FT. I had to use my vacation time for Holidays to get paid.... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Feb 26, 2021

as to unemployment, some changes are being made so that federal benefits may be applied for.

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Illinois on
Q: Belleville, Il. 62221 of St. Clair County. Question: Will get paid comp from missing 4 days of work (Covid 19)

In regards to being paid by worker's comp.

Charles Candiano
Charles Candiano
answered on Jan 24, 2021

If you contracted Covid-19 as a front-line worker, you enjoy a rebuttable presumption that it was work-related. Once that is proven, it is the same as any other Workers' Compensation claim. In Illinois, an injured worker is not compensated for the first three days that they must be off work... Read more »

1 Answer | Asked in Contracts, Employment Law and Employment Discrimination for Illinois on
Q: I don't feel satisfied with my report. I dont feel like I'm receiving help at all. Help?

After making countless reports of harassment due to my ethnicity, witnessing them harass other coworkers. Submitting and complaining with no answers, follow ups, and/or replies. I don't feel like my issues are being followed up. I witness in the past of the middle-man, of my contract, not... Read more »

Carrie Dyer
Carrie Dyer
answered on Jan 13, 2021

To whom did you make the initial complaints? If you have not done so already, you should put your complaints of harassments due to your ethnicity in writing to the Human Resources department. If you have already done so, you should request, in writing, a follow-up on the investigation into your... Read more »

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