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Questions Answered by James G. Ahlberg
2 Answers | Asked in Employment Law and Contracts for Illinois on
Q: Signed non-compete in IL, that I must give 10-day notice & name of my next employer before quitting. Do I have to do so?

I signed a con-compete in Illinois that reads "If for any reason I decide to voluntarily resign from the Company, I acknowledge that the Company requests that I provide at least 10 business days written notice of my intent to leave, the date I want to leave, and (as soon as I know it) the name... Read more »

James G. Ahlberg
James G. Ahlberg
answered on Feb 2, 2023

I strongly encourage you to have the entire agreement reviewed by a lawyer experienced in employment law to determine how the quoted material stands in relation to the rest of the agreement. It is important that you understand I'm assuming everything within the quotation marks of your question... Read more »

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Q: so a land patent protects the property within the land patent if the holder steps foward
James G. Ahlberg
James G. Ahlberg
answered on Feb 1, 2023

I don't mean to sound rude, but you've made a statement rather than asking a question. Do you have a question? You'll want to use somewhat correct terminology. A "land patent" typically refers to the initial grant of a piece of land by the government to an individual or... Read more »

1 Answer | Asked in Real Estate Law and Estate Planning for Illinois on
Q: I need to change my farm land recording to my trust. My attorney has not followed through. Can I record it myself?
James G. Ahlberg
James G. Ahlberg
answered on Jan 27, 2023

First, call your lawyer and ask why he hasn't followed through. There may be some obstacle that's needs to be removed first, and he's working on it for you. Second, if your lawyer doesn't have a good reason for not following through, find another attorney. You can record... Read more »

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: In Illinois do you have to give a roommate notice of someone moving in?

Me and my girlfriend split up about a year ago. She still lives in my house that I own. I've been seeing somebody for 6 months and we both want to live together. Problem is my ex-girlfriend still lives there and she refuses to leave. Do I have to give her notice of someone moving in? Because... Read more »

James G. Ahlberg
James G. Ahlberg
answered on Jan 27, 2023

From a legal perspective, if it's your house you don't need to give your ex notice that someone else is moving in. On the other hand, I'm guessing your new girlfriend and you will lead a much more peaceful life if you evict the ex-girlfriend before moving the new girlfriend into the... Read more »

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: If the father is not on the birth certificate, does he have any legal rights?

His name is not listed on the certificate and no paternity test was ever done.

James G. Ahlberg
James G. Ahlberg
answered on Jan 3, 2023

The father's rights are essentially the same as the mother's right. To establish your rights you'll need to file a parentage action in the local county courthouse. The court can order a DNA test of you, the child, and the mother. If the DNA test proves you are the biological father,... Read more »

1 Answer | Asked in Child Custody and Tax Law for Illinois on
Q: What options do I have if my child's grandma tries to claim my son on her taxes, even if he only stayed a month with her

He stayed with her for December but that was due to me (being without a vehicle) and her and the child's dad, keeping him from or not helping me to see him, I live 45 minutes away. They will not let him come back to my house.

James G. Ahlberg
James G. Ahlberg
answered on Jan 3, 2023

If you provided over half the cost of raising the child in 2022, you are entitled to claim the child on your taxes. If that is the case, make sure you file your taxes as soon as possible. If grandma's tax return is filed after your, her attempt to claim the child is likely to be rejected... Read more »

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Can a landlord sue u if you are just a cosigner on a lease but do not live there
James G. Ahlberg
James G. Ahlberg
answered on Dec 21, 2022

Yes. The whole point of getting a cosigner is to have someone else to sue if things don't work out.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Other parent not following court order in regards to child care payments, life insurance policy, medical expenses
James G. Ahlberg
James G. Ahlberg
answered on Dec 15, 2022

You need to file a Petition for Rule to Show Cause. This is a pleading asking that the other party be held in civil contempt of court for not obeying a court order. If the court holds the other party in contempt it can require him or her to comply with the previous order by a certain date, or go to... Read more »

2 Answers | Asked in Criminal Law, Legal Malpractice and Small Claims for Illinois on
Q: Can i sue or file a complaint against this county

Recently i took a plea for a criminal case and received the final disposition now my license and other things have been suspended due to this case that wasn’t involved in the disposition my license is my way of working and the courts new this

James G. Ahlberg
James G. Ahlberg
answered on Dec 13, 2022

It sounds like the consequences of your guilty plea were not fully explained to you. If this is true AND if your guilty plea was entered within the past 30 days contact an attorney immediately. He or she will need to file a motion to withdraw the plea based upon inadequate explanation of the... Read more »

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1 Answer | Asked in Employment Law for Illinois on
Q: When to give resignation notice to avoid signing bonus clawback.

I received a $15K signing bonus for a new job last year. I signed an contract agreeing to pay back the bonus if I voluntarily leave within 12 months from date of hire.

I started Oct 11 2021. I accepted a new job offer and would like join on Oct 17th. If I give my two week notice stating my... Read more »

James G. Ahlberg
James G. Ahlberg
answered on Sep 22, 2022

It would be best to wait until October 12 to give notice to eliminate the potential claim that you must pay back the bonus. Think of it as being paid $15,000 to work those extra few days.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: I am 16 with parents who are seperated and I want to move to another state with my dad.

My parents are seperated and for reasons I shall not discuss I would rather live with my dad. I dont know what needs to be done in order to move to a different state with him and have no idea how to find out due to my mom having an app on my phone that makes it so she can see everything on it. What... Read more »

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

You'll have to talk to your father and encourage him to begin court proceedings to change parenting time (formerly known as custody) and for him to petition the court to allow you to leave the state with him. I know of no way for you to begin these proceedings on your own.

1 Answer | Asked in Family Law for Illinois on
Q: Can I kick my soon to be 19 year old out of my house? I am the parent and she does not help pay for anything.

We live in Illinois. No written agreement for rent or anything like that. She has threatened me and is becoming more hostile and disrespectful by the day.

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

If your daughter is 19, she is legally an adult. You can kick her out of your house, but you would do well to consider the result. Does she have a place to go? With whom will she live? How will this affect your relationship with her long into the future? Sometimes a practical answer is better than... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Is there a law holding a company Liable for poaching or stealing another companies employees by spreading lies
James G. Ahlberg
James G. Ahlberg
answered on Jul 6, 2022

The answer depends on the exact circumstances. Several possibilities suggest themselves. One is that the offender may be engaging in the tort (a civil wrong creating liability) of slandering the business reputation of the victim company. Another is that the offender may be engaging in the tort of... Read more »

2 Answers | Asked in Cannabis & Marijuana Law, Tax Law and Real Estate Law for Illinois on
Q: Not allowing a w2 earning cannabis employee to use a fed. Grant is taxation without representation, correct?

I've been trying to recieve a federal grant/loan for buying a home. Down payment assistance is something my family needed, so we decided to try a USDA or FHA loan. We have been told by multiple loan officers that because of my place of employment, I cannot recieve these funds. I pay federal... Read more »

James G. Ahlberg
James G. Ahlberg
answered on Jun 3, 2022

No. Taxation without representation means that a group of people has a tax imposed on them by a government in which they had no right to elect a representative (such as a member of the Illinois House of Representatives, a state senator, a Congressman or US Senator) who could participate on behalf... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Does the father of my child have legal parental rights over the baby, if he is still married legally to someone else?

his name is in the birth certificate

James G. Ahlberg
James G. Ahlberg
answered on May 5, 2022

Yes.

2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Illinois on
Q: How can I sue my job for mental distress? I asked 3 law firms and they all denied me. They never asked for proof for

anything. They were both Personal injury and employment law firms. What can I do to get what I deserve.

James G. Ahlberg
James G. Ahlberg
answered on Apr 29, 2022

You need to talk to a workers' compensation lawyer.

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1 Answer | Asked in Child Custody for Illinois on
Q: In Illinois if two parents are not married do both have equal rights over a child or does the mother have more?
James G. Ahlberg
James G. Ahlberg
answered on Apr 8, 2022

They have equal rights unless a court has issued an order specifying otherwise.

1 Answer | Asked in Employment Law for Illinois on
Q: Can my employer switch me from salary to hourly without notification, change in job description, or documentation?

I signed a contract in July 2021 stating my employment and salary and my position of Office Manager. The company went through some financial hardship and the owner stopped paying us regularly. When asked about pay, the owners would never directly answer the situation. Eventually, without... Read more »

James G. Ahlberg
James G. Ahlberg
answered on Apr 8, 2022

The non-payment of wages when due is not legal. Go to the website for the Illinois Department of Labor and file a complaint for unpaid wages. It is a very user-friendly website. As for the reduction in pay, your best option is to bring your contract to a lawyer practicing in the field of... Read more »

1 Answer | Asked in Adoption for Illinois on
Q: My Aunt is pregnant and wants me to adopt the child. What do I need to do?
James G. Ahlberg
James G. Ahlberg
answered on Mar 23, 2022

You need to meet with a lawyer who handles adoptions. This is not something to treat as a do-it-yourself project.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Can a landlord collect more than what was agreed upon in the lease?

Property has recently switched landlords. Lease is for $8400 over 12 months. Am currently at about $11,000 paid.

James G. Ahlberg
James G. Ahlberg
answered on Mar 22, 2022

No. When he bought the building, he bought it with the leases in place, as they were. The exception (and I've never seen it) would be a lease with a provision allowing rent to increase in the event of a sale of the property.

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