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Illinois Employment Law Questions & Answers
0 Answers | Asked in Civil Litigation, Collections and Employment Law for Illinois on
Q: Can my employer choose to ignore IL min. wage when calculating a garnishment because the creditor only stated federal?

The employer keeps referring to a copy of the garnishment order from the creditor as opposed to the court provided answer to citation form. They are claiming to take the lesser of 15% gross or the difference between net and 45hrs of Federal minimum wage. When I've provided copies of the answer... View More

0 Answers | Asked in Employment Law for Illinois on
Q: Can I sue my employer for dismissal based on hearsay?

My employer has me suspended pending investigation for dismissal and the information that was brought to them to start this investigation has no documentation but is based solely on interviews made with other employees which have said they supposedly observed certain things over the last few months... View More

0 Answers | Asked in Civil Litigation, Contracts, Employment Discrimination and Employment Law for Illinois on
Q: Continued right to arbitrate employment law infringement after EEOC 90 day right to sue has elapsed?

I have question pertaining to employment law. I signed an arbitration agreement as a condition of employment. Later on, I was discriminated against on grounds infringing my Title 7 rights. I submitted a charge of discrimination with the EEOC, and they've just given me the right to sue in... View More

0 Answers | Asked in Consumer Law, Contracts, Employment Law and Products Liability for Illinois on
Q: Can a service like Chime legally deny credit building services to the self employed?

I signed up with a bunch of apps to build my credit. To get full access to their services, including interest rate increases on savings, I need to have made a qualifying direct deposit.

For Chime it sounds like their terms of service might allow wiggle room for the self employed. I... View More

0 Answers | Asked in Employment Law for Illinois on
Q: Is there a law stating employees who make less than 58,000 must be paid hourly not salary?

My employer recently said a new law would make them move salaried employees to hourly employees if they did not make 58,000 a year or more.

2 Answers | Asked in Employment Law, Workers' Compensation, Business Law and Civil Rights for Illinois on
Q: I am being terminated from my job based on performance issues that have been affected by my mental health.

Do I have grounds to seek legal action regarding my termination based on mental health and substance abuse without being offered treatment or even severance?

Charles Candiano
Charles Candiano
answered on Jun 2, 2024

Worker's Compensation is a specialized area of law that only concerns job-related injuries. Your question is more related to employment law. Most people are at-will employees. You may have an employee handbook or union contract that provides additional rights. That said, any physical or... View More

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1 Answer | Asked in Employment Law for Illinois on
Q: Hello - I live and work from my home office in IL. I was terminated on 4/30/2024 by a company in Sumter SC.

The company does not want to pay my $17,500.00 commission. Do I retain a SC or IL attorney?

Cynthia Pietrucha
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answered on May 29, 2024

I'm sorry to hear you lost your job. Usually, I tell my remote employee clients that they are employees of the state they pay taxes to. However, it can get complicated. Here are some points to consider:

Here are a few steps you can take:

Review Your Employment Agreement:...
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1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Q: After 7 years I was transferred to a shift I can't work because daycares are not open. If I quit, can I get unemployment

I and my labor union have put in transfer request but they have not been honored. I have been out of work for 5 months now because they won't accommodate me. (I am in Chicago)

Cynthia Pietrucha
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answered on May 14, 2024

Great question. The 1985 case I copied/pasted below should help you understand your rights to unemployment benefits when you have to quit because your employer changes your shift:

ISSUE/DIGEST CODE Voluntary Leaving/ VL 50.05

DOCKET/DATE ABR-83-12308/8-9-85

AUTHORITY...
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1 Answer | Asked in Employment Law for Illinois on
Q: Can I sue my employer for dismissal based on false information?

My employer is planning to restructure our group, which will involve reallocating my team to other areas and eliminating my position. I have a copy of a draft letter from my manager to Human Resources that uses inaccurate information to justify these changes.

Michael I. Leonard
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answered on May 8, 2024

The mere fact that the information underlying the restructuring or RIF is inaccurate does not, by itself, create a legal claim for you. You would need to demonstrate that the restructuring was done in a discriminatory manner. So, the false information might still be relevant to a potential... View More

1 Answer | Asked in Employment Law for Illinois on
Q: I lease a tractor trailer in Illinois and worked for them. They have not paid me. Do I need a lawyer from Il.?

I never signed a lease. We communicated mostly through email and text. They have my maintenance, escrow and final 3 weeks of pay withheld. I was supposed to lease a truck, but it never was ready. I was told I would get everything back, but they quit communicating after I came back to Louisiana.... View More

Michael I. Leonard
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answered on May 2, 2024

You do not have to retain a lawyer, but from the sounds of it, you may not get very far without one. You might also reach out the Illinois Department of Labor, or go to its website. You can file a Charge on-line for unpaid wages under certain circumstances.

1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Q: I made a complaint with employer about race discrimination and they say I’m just making an excuse! Should I go to eeoc?

I’ve went to my employer about being racially discriminated and harassed. After that they pull the only other person of my race in the office. They ask him if he feels discriminated against he tells them no. At the end of the conversation my branch manager tells the other guy that he feels like... View More

Michael I. Leonard
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answered on May 2, 2024

You can always file a Charge of Discrimination with either or both the Illinois Department of Human Rights or the Federal Equal Employment Opportunity Commission. However, keep in mind that, in general, you need to be able to show that you have suffered an "adverse employment" action.... View More

1 Answer | Asked in Employment Law for Illinois on
Q: I was let go from my company end of November with severance pkg. They haven’t paid bonus, am I eligible? Others got it.

Am aware I did the max sales, others got bonus but not me. None did achieve the exact sales target but only I was not paid. Please help me if am eligible & can claim?

Cynthia Pietrucha
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answered on Apr 10, 2024

Sorry to hear about your recent job loss. Whether you are entitled to your bonus depends on (1) the company's bonus policy and (2) the terms and conditions of your severance package.

Most separation packages address whether you are entitled to the bonus by either (1) explicitly...
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1 Answer | Asked in Civil Rights, Employment Law and Landlord - Tenant for Illinois on
Q: Even if it’s illegal to live at a commercial business can you be secretly recorded if you stay in a room turned bedroom?

An acquaintance has offered for me to stay at his business while I also work for him. There is a room that’s been my place of dwelling for the past couple of months. He gave me an opportunity to stay there instead of doing hotels everyday because it’s closer for me from the workplace and to... View More

James L. Arrasmith
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answered on Mar 18, 2024

Living in a commercial space can present unique challenges, especially when it comes to privacy. It's important to know that regardless of the legality of your living situation, your right to a reasonable expectation of privacy in areas considered private, such as a living space or bedroom,... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Is there a time limits to sue a company you use to work for?

The assistant manager named Cerica who worked the same position as me, one day got mad because I removed a sticky note she wrote so she tracked me down in the hotel, got in my face threatening to beat me up and throw me over the balcony on the 2nd floor, she proceeded to call me racial slurs,... View More

Cynthia Pietrucha
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answered on Apr 3, 2024

I'm sorry to hear about your situation. DO NOT DELAY. Your legal rights have strict deadlines. If you wish to sue the company for something like racial discrimination in Illinois, your deadlines can be as short as within 300 days of the alleged discrimination if your allegations require a... View More

1 Answer | Asked in Employment Law for Illinois on
Q: How do I find a Ilinois attorney

I have an EEOC for discrimination against my employer in Chicago. I work from home in Georgia. The EEOC has determined that my case is eligible for immediate mediation (I have not yet agreed to mediation) My employer refused to promote me to higher positions in the company as well as stated that... View More

John Michael Frick
John Michael Frick
answered on Mar 12, 2024

Click on the "Find a Lawyer" tab. Fill in the box on the left "employment law" and fill in the box on the right with a city near you in Illinois.

Then scroll through the profiles of the Illinois attorneys.

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Have my employment rights been violated?

I was unofficially fired, now being forced to beg supervisor to keep my job. Fired for leaving during my shift. I left because I was suffering from injuries obtained that same morning from a DV attack at home. I was only recently informed of VESSA. I do not believe my employer has any posting for... View More

Cynthia Pietrucha
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answered on Feb 22, 2024

Based on the details provided, it appears that your employment rights may have been violated under the Illinois Victims' Economic Security and Safety Act (VESSA). VESSA provides certain rights to employees who are victims of domestic or sexual violence, or who have family or household members... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: Illinois Worker's Comp

If I have a candidate working remotely in Illinois but their base is in Indiana, do I have to add Illinois to my worker's comp insurance or can I just keep Indiana's and be covered?

Charles Candiano
Charles Candiano
answered on Jan 31, 2024

You are using words that are amenable to multiple interpretations. If you mean to say that you have an employee who lives and works in Indiana for your business that is headquartered in Illinois, you need to have Worker's Compensation insurance in Illinois. If a worker sustained a... View More

1 Answer | Asked in Employment Law for Illinois on
Q: I was hired fully remote that is on my signed agreement. The company now built a new building and wants me to come in.

Do I have a legal stand point? What should I do?

Cynthia Pietrucha
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answered on Jan 22, 2024

Your situation may indeed involve a potential breach of contract, depending on the specific terms outlined in your signed employment agreement. If your contract explicitly states that your position is fully remote, the company's request for you to work in-person at a new building could be a... View More

1 Answer | Asked in Employment Law and Public Benefits for Illinois on
Q: I’m having a baby in May & I'm wondering if I can collect unemployment while on maternity leave/medical leave.
Cynthia Pietrucha
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answered on Jan 12, 2024

In Illinois, as in many states, unemployment benefits are typically available to individuals who are out of work through no fault of their own and who are ready, willing, and able to work. To collect unemployment benefits, claimants must also be actively seeking employment.

Maternity leave,...
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