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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 
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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?
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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
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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.
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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?
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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
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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
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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
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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
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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.
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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
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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
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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
A tenured teacher under pressure of health issues and a bi-polar daughter who has attempted suicide is unduly pressured to provided detailed differentiated Physical Education lesson plans for K-5 graders that are never acceptable. She is accused of having problems with parents/teachers and staff... View More
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answered on Dec 14, 2018
In Illinois, terminating a public tenured teacher is a complicated process and usually requires due process via a hearing. This can involve hundreds of pages of paperwork, strict deadlines and appeal rights.
If she is in danger of being terminated, she should notify her union (where... View More
I was written up and suspended for AWOL charges because my manager claims I didn’t call and leave a message on the dates I was written up for even though I presented my call logs that showed I did call.
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answered on Dec 5, 2018
This behavior could be perceived as FMLA interference, an attempt to discourage you from using FMLA in the future.
The FMLA’s “interference” provision states it is “unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise” any... View More
I have been a driver for Lyft over a years now. And they fired me for something on my background that has been on there for over five years now. When i first started they did a background check with a company Call Checker over a year ago i was good to drive and another sometime in the middle of the... View More
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answered on Oct 3, 2018
I'm sorry to hear about your experiences with Lyft, but please understand you are likely not an employee but rather an independent contractor. Employees vs. Independent Contractors have very different legal rights, as most local, state and federal employment laws only protect bona fide... View More
Contractor kept putting us off. I called him at the end of June and told him we needed our patio by the end of July. He told us we'd have a beautiful patio by then. We did not. We have a unlevel, unmeasured, poorly stamped crooked patio. It's September and it's still not cut and... View More
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answered on Sep 17, 2018
You are protected by consumer rights if you believe this contractor committed fraud. You should speak with a local attorney about your options which might include reviewing any written or oral agreements about the work to be done, demanding that the contractor give you a partial refund or... View More
bid on them?
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answered on Sep 14, 2018
Sometimes. It depends on the unit of government and what funds they are using to pay for work projects. If an Illinois local government agency is required to advertise their work projects, they are likely required by state law or local ordinance to publish each bid in the newspaper and may also... View More
This company in my short tenure. I have seen people quit and get fired for no reason. Their Glassdoor page is filled with accurate accounts of what happened to me today. I was told I was fired because I wasn't happy. Not performance issues at all. They want me to sign a non disclosure in order... View More
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answered on Sep 6, 2018
I'm sorry to hear about your situation. In Illinois, most employees are "at will" which means a company can fire you for any reason at any time - and you can also quit for any reason at any time.
Technically firing you for not being happy is perfectly legally, although very... View More
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answered on Jul 6, 2018
This is not an easy "yes" or "no" answer. It depends on the nature of the medical problems and the tenure of the employee. The FMLA is a federal law that protects employees who have worked for a minimum of 12 months, whereas the ADA is a federal law that protects all employees... View More
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answered on Dec 7, 2017
I'm sorry to hear about your recent workplace experiences.
In order to prove you have a valid charge of discrimination, you should gather as much evidence as you can (documents, text messages, witnesses, etc.). It isn't enough to just say you were let go for being pregnant.... View More
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