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 
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
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
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... View More
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
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.
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
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:... View More
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
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... View More
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.
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
I work for a major retail firm.
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... View More
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
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
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
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
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?
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... View More
answered on Apr 21, 2020
Illinois has a labor law called the One Day Rest in Seven Act (820 ILCS 140/1 et seq.). The One Day Rest in Seven Act requires at least 24 hours of rest for an employee in every calendar week. This means Illinois employees cannot be forced into working 7 days in a row unless the employee... View More
These symptoms are not Coronavirus related nor did i have any. My choice was md now and get note or take the 14 days unpaid leave..this was on Thursday.
answered on Apr 14, 2020
Sorry to hear you weren't feeling well! In summary, the employer can force you to get a doctors' note stating you are "fit for duty" after you've been out for a medical condition.
The federal government has discussed this via the EEOC, by addressing federal... View More
Nothing is stated about a pandemic or rescheduling. We have reached out to the venue and they are pushing to postpone our wedding, we don’t think that’s fair to push it back or have it on a Sunday for the amount we are paying for. What are our rights?
answered on Apr 13, 2020
I'm sorry to hear about your situation. If you want to take charge of the situation, you should hire an Illinois attorney to help you review the contract and if necessary re-negotiate the terms of your contract. Many attorneys will do this for a low flat fee.
If you choose to... View More
I am a white male and took a bartending position at a Chinese restaurant. I was told I'd be making "3 grand easy", upon being hired. Turned out that I was making under minimum wage and was only receiving customers when all the other - Chinese born - employees were overwhelmed.... View More
answered on Mar 16, 2020
Under normal circumstances, you would have to complain to the Chinese restaurant management/HR about the perceived discrimination, giving them the opportunity to investigate or otherwise resolve the situation. However, considering Illinois restaurants/bars are going to be closed for dine-in... View More
Hi, I left my job on December 6, 2019, I was paid the 8 hours of vacation I had left. However my colleague told me to ask for my accrued vacation time also as he said Illinois is 1 of the 2 states that have a law saying you are owed accrued vacation time. I contacted my previous employer he... View More
answered on Feb 19, 2020
In Ilinois, the Illinois Wage Payment and Collection Act protects the rights of employees to receive their due compensation. If 8 vacation hours was all you had left in 2019, you didn't accrue any vacation time in 2020 and there is no violation of an employment contract or policy, you likely... View More
answered on Dec 31, 2019
It depends on what the contract says and if your landlord is being flexible to the terms. Most leases clearly state and lease term (such as 12 months) as well as renewel terms (such as automatic renewal unless one party cancels in writing so many days before the renewal starts). If you are stuck... View More
Hired as general manager to train for position with current general manager until they left. Plan was to take over duties February 1, 2019. Now current manager decides not to leave and the new person has had hours cut and is not receiving hours/pay that was told would receive when hired. New... View More
answered on Feb 16, 2019
Depending on additional details not provided, the incoming new employee general manager may have a breach of contract claim and/or a right to collect unemployment benefits, but otherwise, just because this is unfair does not mean it is illegal. Employers may change their plans for any reason as... View More
Recently had a work from home policy go into effect but is only allowed for exempt employees. The claim by management is that admins and support personnel, must by law, be non-exempt and are therefore ineligible for the work at home program.
answered on Jan 31, 2019
From a legal perspective, "Work from home" policies are typically looked upon as completely discretionary by your employer. The only exceptions might be if you benefit from such arrangement because you have a disability and are in need of a reasonable accommodation.
Working... View More
I am looking to get clarification regarding the following paragraph:
---"Contingency Agreement. This is a contingency agreement. The attorney's fee shall be: a. 33 and 1/3 percent before Trial; b. 40 percent if the case proceed to a Trial."---
Based on this, when... View More
answered on Jan 27, 2019
I agree with other responses that you should discuss this with your attorney for clarification. Your attorney is in the best position to answer this question.
However, from what you shared, it appears like actually going to trial triggers the 40% contingency fee. Trials can take months... View More
I worked at this place for almost a year and loved it. When the site director changed she didn't like me very much and bullied and harassed me trying to get me to quit and when I didn't she fired me. The initial reason she fired me was false and I was able to prove that, so she came up... View More
answered on Jan 7, 2019
I'm sorry to hear about your termination. As many answers to legal questions, the answer here is: It depends.
Illinois is an "at will" employment state, which means an employer can get rid of you as long as they are not violating a policy, contract or law.Employment... View More
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