My former employer under recorded the amount of agreed upon vacation time in their Quickbooks payroll software, and as a result, I was not paid out all of my vacation time upon termination from the company. My paystubs each pay period show available vacation time, and are proof of the fact. My... Read more »
answered on Nov 1, 2022
Whether you have recourse depends on what law may apply to your case. Under Illinois law, employers must pay out all earned vacation on the paycheck after termination. While the company is in Illinois, and Illinois law would give you recourse to collect unpaid earned vacation, you reside in... Read more »
I work remotely from home and have for 2.5 years, I'm listed as a remote employee so all work is completed from IL. My noncompete would be invalid due to 2022 statute changes in IL and I need to know if I am covered by this. I've reported abuse from management for years, and have hit the... Read more »
answered on Sep 9, 2022
Most likely you would be subject to Illinois law because the employer would have to bring suit against you in Illinois as you live here in Illinois. If the court is interpreting the contract under Illinois law then you would be included in whatever 2022 laws are applicable to your contract.... Read more »
I've been with the company almost 10 years but management has been getting worse and I feel like they are pushing me out. I also feel like the fact I'm on ADA for a medical disorder I have isn't helping with how they treat me.
answered on Sep 6, 2022
The American's with Disabilities Act requires that your company make reasonable accommodations for your disability and that the company can not discriminate against you because of your disability. If you already have an ADA accommodation request with your employer, it would be very suspicious... Read more »
I have to make a decision and if I take the buyout; with my tenor, they will only payout 120 hours instead of the 238 hours that I have accrued. Looking at IL Sec. 300.520, I think I should be paid the full amount but the legal language is tripping me up. Which trumps what? The severance agreement... Read more »
answered on Sep 1, 2022
Your employer is required to payout all earned (accrued and unused) vacation time. Depending on your companies PTO policy, your balance may include both a vacation and some sort of sick time. However, the amount they pay out can not be some sort of arbitrary amount. A company can not maintain... Read more »
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