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Questions Answered by Cynthia Pietrucha
1 Answer | Asked in Employment Law for Illinois on
Q: Hello - I live and work from my home office in IL. I was terminated on 4/30/2024 by a company in Sumter SC.

The company does not want to pay my $17,500.00 commission. Do I retain a SC or IL attorney?

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answered on May 29, 2024

I'm sorry to hear you lost your job. Usually, I tell my remote employee clients that they are employees of the state they pay taxes to. However, it can get complicated. Here are some points to consider:

Here are a few steps you can take:

Review Your Employment Agreement:...
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1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Q: After 7 years I was transferred to a shift I can't work because daycares are not open. If I quit, can I get unemployment

I and my labor union have put in transfer request but they have not been honored. I have been out of work for 5 months now because they won't accommodate me. (I am in Chicago)

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answered on May 14, 2024

Great question. The 1985 case I copied/pasted below should help you understand your rights to unemployment benefits when you have to quit because your employer changes your shift:

ISSUE/DIGEST CODE Voluntary Leaving/ VL 50.05

DOCKET/DATE ABR-83-12308/8-9-85

AUTHORITY...
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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?

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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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2 Answers | Asked in Traffic Tickets for Illinois on
Q: I was never stopped for these charges. However they are wanting me to pay them in Franklin County Illinois?

IMPROPER PASSING ON THE SHOULDER

IMPROPER TURN SIGNAL. I did not commit either one of the driving violations. And when I called the Franklin County Court Office she said they were dismissed. Now I am being harrassed daily by a collection agency why? I was never given a citation for this... View More

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answered on Apr 11, 2024

I'm sorry to hear about your situation. You will need to get a copy of the case docket to confirm what happened to the tickets.

You may be able to find the County's online court records here: https://www.illinoiscourts.gov/courts-directory/89/Franklin-County-Courthouse/court/...
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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

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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 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

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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 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?

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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.
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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 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

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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

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

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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 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?

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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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2 Answers | Asked in Employment Law for Illinois on
Q: At my work the boss installed a camera with audio recording I live in Illinois

Not one of the workers in the office new about this. He went as far as to tape over the lights so you could not see them. When confronted about this he said he did not know where it came from. He said maybe the fire department snuck across while we were gone and installed it. He later admitted he... View More

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answered on Jul 28, 2023

My answer - NOT legal advice: This answer might surprise you, but this is okay to do in Illinois. In one of my Illinois jobs, I found out my boss was secretly listening to my telephone calls. Shady but not illegal. Telephone and video monitoring (and email monitoring) in Illinois workplaces is... View More

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1 Answer | Asked in Employment Law for Texas on
Q: My former employer in wisconsin is suing me. I live in another state now. Can they still sue me in wisconsin?

The money is from a relocation bonus. They lied about the job and benefits.

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answered on Jul 7, 2023

Yes it is possible for an employer to sue you in a state you do not reside in. Sometimes an agreement you signed with the employer will indicate what courthouse/the location where the employer can sue you. You will need to find an attorney who practices law in Wisconsin and can advise you on your... View More

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... View More

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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... View More

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Illinois on
Q: My son is not renewing a lease. The roommate is renewing but refuses to pay my son his rightful half of the deposit.

My son is renting an apartment with one roommate. The lease they both signed includes a $995 deposit which they each paid half $477.50. The lease ends May 31, 2023. My son is going to move out May 31. His roommate has decided to stay in the apartment and resign the lease with my sons name deleted... View More

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answered on May 31, 2023

Sorry to hear about your son's situation. Consulting an attorney on this may not be worth the money unless your son wants to prove a point or he can find a low flat rate for the legal work.

Your son should consider the following:

(1) Review the lease and document: Carefully...
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2 Answers | Asked in Employment Law for Illinois on
Q: Can I sue for wrongful termination and/or pain and suffering?

I was discharged March 1, 2023. I applied for and was denied unemployment because I was fired for my conduct. I appealed and went (via webex) in front of an Administrative Law Judge. She sided with me. And in her opinion I was mailed it seems to me she doesn’t believe I should’ve been... View More

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answered on May 31, 2023

Sorry to hear you lost your job and had to fight the employer over unemployment benefits. You should consult with an Illinois attorney to better understand your options, and make sure you lean on your union to help you. In Illinois, unemployment decisions are not admissible as evidence in court.... View More

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2 Answers | Asked in Employment Law for Illinois on
Q: If my worplace doesnt have an attendance policy or point system would it be wrongful termination if they fire me?

This is in illinois

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answered on May 23, 2023

In Illinois, employment relationships are generally considered to be "at-will", which means that an employer can terminate an employee for any reason, as long as it is not unlawful. There are certain exceptions to the at-will employment doctrine, but you must have the facts to support... View More

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1 Answer | Asked in Employment Law, Construction Law and Employment Discrimination for Montana on
Q: Is it legal for a construction company to not hire any female laborers?

I inquired about applying at a local construction company. I have worked construction before and have good references. I asked about wage match, healthcare, and advancement, on the public ad the company posted. The owner messaged me privately on his personal account responding to my public comment.... View More

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answered on May 8, 2023

You should check with an employment lawyer in your state to verify your legal options. However, please be advised that if you believe you were denied work based on your gender and your employer meets the minimum employee count requirements, under federal law - the Civil Rights Act of 1964, as... View More

1 Answer | Asked in Employment Law for Illinois on
Q: Hello I have a problem with my employer and the state of Illinois unemployment office trying to draw my benefits

But I live in Tennessee but my employer is in Gurnee Illinois

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answered on May 1, 2023

If you're looking for free legal help with your Illinois unemployment benefits, the IDES does offer free attorneys on a case-by-case basis.

As of 5/1/2023, here is what IDES says to do to inquire about free unemployment representation:

As a claimant, which of the two...
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1 Answer | Asked in Employment Law for Illinois on
Q: My company has overpaid me and others. This over payment went on for at least six months. Do we have to pay that back?

The overpayments ranged from 3,000 to 18,000 dollars, the error was on the fault of the HR department and the company not having an updated budget report.

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answered on Mar 30, 2023

This situation should be governed by the Illinois Wage Payment and Collection Act.

"When an employee agrees an overpayment has been made the entire sum may be deducted on the employee's first regular payday subsequent to the payday on which the overpayment occurred. If an...
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