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Illinois Employment Discrimination Questions & Answers
Q: My wife got an explicate emails which turned out to be a guy at her place of employment. HR lady is married to owner....

My wife got a strange email few months ago from a guy. It was very strange so I responded by saying hi, who are you? He said he was someone who was very interested in my wife and went on to say a bunch of sexually explicit things in the conversation. He stated he was a "neighbor" and... View More

James L. Arrasmith
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answered on Nov 28, 2023

This situation, where your wife received explicit emails from a colleague, is concerning and should be addressed seriously. First, ensure that you have preserved all the emails, including those from the Gmail and company accounts. This evidence is crucial for any future actions.

Given the...
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0 Answers | Asked in Employment Law and Employment Discrimination for Illinois on
Q: Can a job candidate threaten to sue the potential employer before the position has been filled?

The job applicant (who is also an attorney) applied for a position she is not qualified for (this was a science related position and she had 0 years of experience in this respective field)

- The candidate was not contacted nor selected for an interview, not qualified

-She claimed... View More

2 Answers | Asked in Constitutional Law, Employment Law and Employment Discrimination for Illinois on
Q: I was told in March of 2023 I needed to provide proof i did not have a disability or that I did however I never requeste

I never requested special accommodations and was let go for failing to provide proof iwas not a harm to myself or others

James L. Arrasmith
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answered on Nov 15, 2023

Under the Americans with Disabilities Act (ADA), employers are prohibited from discriminating against employees based on real or perceived disabilities. This includes making unfounded requests for proof of a disability or lack thereof, especially if no accommodation has been requested. If you were... View More

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0 Answers | Asked in Employment Law and Employment Discrimination for Illinois on
Q: I want to know if I have a case against my former employment who I was just let go off?

Time Discrepancy and Supervisor's Accusations: The employee's termination was triggered by a discrepancy in their time card and batch records. During a meeting with their supervisor, they were accused of committing fraud, which escalated the situation and led to significant distress.... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Illinois on
Q: wrongful termination based on race and religion

I was hired than a company for a period of time and the end of the 90 days period I got fired based on this wrongfully termination I got severed damaged financially mentally and emotionally through a lot of abused and harassment at the workplace my case right now at the federal court.

T. Augustus Claus
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answered on Nov 2, 2023

The law protects employees from being fired for their race, religion, age, gender, disability, or other protected characteristics.

To win a wrongful termination lawsuit, you must prove that your employer fired you for an illegal reason. You can do this by providing evidence of...
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2 Answers | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Illinois on
Q: i have police and the court house retailaiting against me and are human traficking what do i do

i cannotnget anyone to represent me and they took my chid and the courts are allowing them they wont even listen to me

James L. Arrasmith
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answered on Oct 15, 2023

If you believe that you are facing retaliation or human trafficking by law enforcement or the court system, it's essential to take immediate steps to protect your rights and your child's well-being.

Seek Legal Representation: Even if you have had difficulty finding an attorney,...
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1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Is it hard to win a wrongful termination case?

Quick run down, I have been working for the company for over 20 years I am 65 years old . I received a letter that I was terminated with no explantion as of why I was terminated. I have an idea its based off my age and my seniority with the company. I feel like they terminating me because of my age... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Jun 2, 2023

I'm sorry to hear you lost your job after such long tenure. The honest answer is Yes it's hard to win a wrongful termination case, and if you sue, it could take years for a resolution. The burden of proof is on you to show direct and indirect evidence that your age was the factor that... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Q: Did Amazon violate EEOC law?

I applied to Amazon Web Services and my application was somehow linked to another person with my exact name (except the middle name). This person was able to review my job application and resume, and I was able to view theirs. They also reached out to me on LinkedIn. I'm under the impression... View More

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

It does not sound to me like you suffered unlawful employment discrimination on the basis of race, color, ethnicity, sex, religion, age, disability, or pregnancy.

While it is certainly a good practice to keep job applications confidential, there is no federal law that requires employers to...
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1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: I was terminated from my job and my employer discussed my termination with my coworkers, is this legal?
Cynthia Pietrucha
Cynthia Pietrucha
answered on Mar 1, 2023

I'm sorry about your job termination. It's not necessarily illegal for an employer to discuss your termination with coworkers. However, it depends on what was said and who discussed the termination. How do you know your termination was discussed with co-workers? Did the discussion... View More

1 Answer | Asked in Cannabis & Marijuana Law, Employment Discrimination and Employment Law for Illinois on
Q: I am being denied employment by a company in chicago because I had marijuana in my drug test. Is this legal? If not what

What are my options?

Cynthia Pietrucha
Cynthia Pietrucha
answered on Feb 24, 2023

Based on the information you've provided, it appears the company's refusal to hire you based on a failed drug test for marijuana does not appear to be illegal. It's really unfair as cannabis metabolites can be detected in urine even 30 days after someone ingests the drug, making it... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: I am unable to do my job due to the state of my mental health, caused by a hostile work environment. What can I do?

After communicating with a supervisor and HR regarding my mental health and concerns about a hostile work environment, including harassment via micro-aggressions and unfair scrutiny/biases, my employer retaliated with increased scrutiny, overt incivility, and a denial of benefits.

A... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 21, 2023

If you haven't already, you should make a written report to your company's HR department regarding the differences in treatment you have observed that may be based on race (based on your message above). While treating some employees more favorably than others is inherently unfair, this... View More

2 Answers | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Harassment at work has been reported and nothing done

I work for the state of illinois. A coworker has harassed me several times recently. I’ve reported it in writing to my supervisor. I’ve sent him the email of the harassment and nothing is done. I’ve also been written up for saying “I’m not a fan of him” when referring to the person... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Feb 6, 2023

I'm sorry to hear about your difficult situation. Not all "harassment" is illegal - or in other words being a jerk/rude is not enough to create legal claim. Instead the harassment must be based on a protected class characteristic like race, age, gender, etc. or retaliation because... View More

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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 Employment Discrimination, Employment Law and Workers' Compensation for Illinois on
Q: I was hurt at work ended up with carpal tunnel, then fell and hit my head. Also feel intimidated by my Boss as well

After hurting my hand and having carpal tunnel surgery I was in the enterance of the store were I dont really know what happen next I was on the floor with my head bleeding all I was doing was helping a customer get out the door, the door did not open and is still broken to this day. Was taken to... View More

Charles Candiano
Charles Candiano
answered on Apr 27, 2022

I am not addressing the friction with your supervisor. If you wish to address that, you should speak with someone who concentrates on employment law.

I am addressing your work injuries. You do not tell us how you injured your hand. From your description, I will assume that it was a single...
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1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Q: I'm being told that because I no longer work there they don't have to pay me my vacation or personal time off ?

I worked there for 3 years an give 2 weeks notice of taken a new job

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

If your employer is located within the State of Illinois, he is required to pay you the proportion of your vacation which you've earned when you leave the job. For example, if your employer provided two weeks of vacation per year and you worked half the year before leaving, he must pay you for... View More

1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Employment Discrimination for Illinois on
Q: Hello. I believe that I have solid discrimination case against my employer. I would like to get a legal perspective.

I believe that I am being wrongfully discharged and I need legal advice. My doctor’s recommendation against my taking vaccinations due to previous medical reactions were rejected by my employer. I also have religious beliefs that do not support my taking the vaccines. My employer fraudulently... View More

Charles Candiano
Charles Candiano
answered on Nov 15, 2021

Sorry, but it is a slam-dunk loser. Every court that has addressed compulsory vaccination has found that it was merited. If your children are not vaccinated (against childhood diseases), they CANNOT attend public school. Why should you have an additional opportunity to become infected and to... View More

1 Answer | Asked in Civil Rights, Contracts, Employment Discrimination and Employment Law for Illinois on
Q: What is the statute of limitation on indefinite employment contracts overseas with US based corporation?

I was hired as country manager by a US 500 company in 2013 on indefinite employment terms contract. 12 months later problems started mainly because I refused company illegal way of doing business. As a result, I was fired and sued for criminal charges in the foreign country. In 2019, I won an... View More

Jane Kim
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answered on Oct 14, 2021

IL statute of limitations on a breach of contract action is ten years. But first, you have to ascertain which country's laws apply. Did you have a written employment agreement and where was was it signed, in the US or in that foreign country? That's the law that will apply to a breach of... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Can I file a law suit against my employer or find out if others already have - if they are forcing vaccines on employees

That have not been approved by the FDA?

James G. Ahlberg
James G. Ahlberg
answered on Aug 19, 2021

The vaccines have been approved by the FDA on an emergency basis. Your employer is not forcing the vaccine on you. They are simply saying you can't work for them if you aren't vaccinated. Your choice entirely.

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Illinois on
Q: im writing due to the fact that i have been harrased at work and it is now very hostile work place

the manager used spanish to describe the job details. i only speak english i asked a few times to explain the job in english, i was not properly trained and i have heard them used foul racial slurs

Charles Candiano
Charles Candiano
answered on Aug 16, 2021

You need to ask a question. Entry level jobs are plentiful and many employers are offering incentives. If this is a new, entry-level position, move on. If racial hostility or hostility against non-Spanish-speaking people is obvious, you may wish to seek a Right to sue letter from the EEOC but... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Illinois on
Q: Does salary non exempt allow employers to pay unfair/uneven wages for same job title and description

I have worked here for 5 years in QA department, have had many meetings with PM, HR and my manager about pay. They state merits are the same across the board, take it or leave it. On production floor they are hourly, have a top out rate on pay after 2 years(literally ppl after 2 years make more... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 21, 2021

While your situation seems unfair, the only federal laws governing the payment of wages are minimum wage and overtime laws (if you're paid by the hour and work over 40 hours per week). So, as long as your pay is at or above minimum wage, your employer's pay system is not unlawful.

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