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Questions Answered by Nicholas James Crawford
1 Answer | Asked in Employment Law for Illinois on
Q: Can an employer terminate for not being able to work if you are under a doctor's care for a medical issue that you are b

I have recently been diagnosed and under continued medical by my doctor for a cyst on the base of my brain and bone infection behind my ears that has caused Vertigo, severe headaches and dizziness.

Due to these conditions my doctor has taken me of work .And I am also not allowed to drive... View More

Nicholas James Crawford
Nicholas James Crawford
answered on May 15, 2023

In order to answer this question fully, additional information is needed. However, in general, individuals who can not work due to a medical condition have some protection under various state and federal laws. Those laws, however, do not provide protection forever and unlimited about of time.... View More

1 Answer | Asked in Employment Law for Illinois on
Q: Employer isn't tracking vacation time correctly in their payroll software

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... View More

Nicholas James Crawford
Nicholas James Crawford
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... View More

1 Answer | Asked in Employment Law for Illinois on
Q: Company in IA, live in IL, IL EIN used for taxes, am I covered by IL statutes or IA statutes for non-compete laws?

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... View More

Nicholas James Crawford
Nicholas James Crawford
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.... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Q: Can a company fire me within my 2 week notice while I'm on ADA?

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.

Nicholas James Crawford
Nicholas James Crawford
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... View More

1 Answer | Asked in Contracts and Employment Law for Illinois on
Q: I am a remote worker in IL. I have been offered a buyout with offering have of my PTO being paid out. 3 wks vs 6 wks.

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... View More

Nicholas James Crawford
Nicholas James Crawford
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... View More

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