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Questions Answered by Cynthia Rote
1 Answer | Asked in Employment Law for Illinois on
Q: is it legal for my former employer to deny a copy of a contract if I request one?

I'm located in Illinois. I'd like to review the non-compete agreement in a consultation I but I do not have my own copy. The employer is unhappy with how I left the company and threatened to enforce the agreement. I want to know if they can deny me a copy which I suspect they might if I request it.

Cynthia Rote
Cynthia Rote answered on Jun 5, 2020

If your employment with the company was within the last year the employer must permit you to inspect your personnel documents upon your written request. The inspection right includes contractual agreements you had with your employer. Pursuant to the Illinois Personnel Record Review Act that... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: My job is planning to deny my pay from the FFCRA. They have more than 50 employees. Am I entitled to 2/3rds wages?
Cynthia Rote
Cynthia Rote answered on Apr 10, 2020

This depends on why you are unable to work.

The FFCRA provides that employers must provide all employees:

~ Two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay where the employee is unable to work because the employee is quarantined, and/or...
Read more »

2 Answers | Asked in Divorce for Illinois on
Q: My ex has not paid half of health insurance for one of our children as stated in the divorce. How can i get him to pay?

We signed in divorce that since I carry health insurance that my ex would pay half for insurance of kids until they remained on my insurance. He won't pay.

Cynthia Rote
Cynthia Rote answered on Feb 28, 2020

Send written correspondence to your ex - via email (or the app that you agreed to use) telling your ex that they have not paid it for x months, they owe x amount to get current and needs to pay x amount monthly (or whatever the schedule for payment is). Advise your ex that if you do not get payment... Read more »

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1 Answer | Asked in Family Law and Child Support for Illinois on
Q: He was left a hefty inheritance so he quit working and now his children are doing without. Can he get by with this?

The father quit working and has been living off of an inheritance; buying large extravagant toys for himself, his girlfriend and their child, yet his other children have gone months without any child support and his ex wife has been fighting him for his court ordered health insurance for his... Read more »

Cynthia Rote
Cynthia Rote answered on Feb 26, 2020

The mother should go to Court and ask for an order modifying child support and a judgment on any past due child support. The Court may consider the inheritance in ordering a lump sum child support payment or other monthly payment (especially if the father is living off an interest from the... Read more »

1 Answer | Asked in Family Law for Illinois on
Q: I have sole custody and non custodial parent has absolutely no visitation for about 7 years can I move
Cynthia Rote
Cynthia Rote answered on Feb 25, 2020

If you are moving out of state or further than 25 miles you must provide notice to the other parent, obtain signature of that parent and file a notice with the Court at least 60 days before you move. If you cannot get a signature of the parent you must file a Petition with the Court seeking... Read more »

2 Answers | Asked in Business Formation for Illinois on
Q: Need guidance with creation of Series LLC in Illinois. Need to put 3 rental properties in this.

Can I create this online and file with the state? What do I have to do? I have Hyatt Legal Plan but that does not cover this. Any guidance will be sincerely appreciated.

Cynthia Rote
Cynthia Rote answered on Feb 24, 2020

Yes. Go to the Illinois Secretary of State's website, business services division and you can find a lot of information there on how to create Series LLCs. There are certain steps you should take after creating them. For example, you will need a separate operating agreement for all of them,... Read more »

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1 Answer | Asked in Appeals / Appellate Law for Illinois on
Q: my question is case has been pending in the appellate court for more than three years and it is still pending.

I want to know what is the statute of limitations for a civil case before they must render a decision in the case. and what can I do to expedite the matter

Cynthia Rote
Cynthia Rote answered on Feb 24, 2020

It is unusual for a case to be pending in the Appellate Court for this amount of time. If it is a complicated case there may be a reason for this. However, you may want to call the Appellate Court Clerk's office to inquire about the status to ensure that an order was not entered; it is... Read more »

1 Answer | Asked in Constitutional Law for Illinois on
Q: what are the statue of limitations on a civil case on appeal in illinois
Cynthia Rote
Cynthia Rote answered on Feb 22, 2020

If you are asking how long you have to appeal a final judgment the answer is 30 days. You must file your Notice of Appeal within 30 days of the final judgment.

1 Answer | Asked in Child Support for Illinois on
Q: how do I get the child support payments lowered due to my income has decreased cause I switched jobs in ILL


Cynthia Rote
Cynthia Rote answered on Feb 21, 2020

You will have to file a Motion to Modify support alleging that a substantial change in your income has occurred. Courts do not believe that all decreases in income are a substantial change, so if your income only decreased by a small amount you may not be able to decrease your payments. In... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Can I require an employee to provide a Doctors excuse when they call off work for a sickness/injury?

I have an employee that doesn't communicate very well (just doesn't show up) and calls in sick very frequently. Can I start requesting a doctor's excuse for these sick days? He's a bit difficult to deal with and we want to make sure we are correct before confronting him with... Read more »

Cynthia Rote
Cynthia Rote answered on Feb 19, 2020

You can do this, however, you should ensure that you are not singling this employee out. If you have an employee handbook you should consider updating the handbook to ensure that this policy is applied to all of your employees and not a single employee. If you do not have an employee handbook you... Read more »

1 Answer | Asked in Business Law for Illinois on
Q: An LLC was formed in one state then dissolved. Later, the same principals formed a new LLC with the same product in

another state. The original charter was to develop and market the product.

All of the investors' money was used for product development which was not completed. The second corp. as revealed in their recent patent application, is building on the previous corp's design.... Read more »

Cynthia Rote
Cynthia Rote answered on Feb 18, 2020

This depends on how the LLC was dissolved. If it was done correctly through an Assignment for the Benefit of Creditors or through the proper dissolution process the LLC and its owners may have protected themselves. However, if they did not assign a value to the intellectual property at dissolution... Read more »

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