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Illinois Employment Law Questions & Answers
0 Answers | Asked in Employment Law for Illinois on
Q: Looking for information about filing a grievance against owner of small company

-reamed for taking approved 3 days off

-reamed at for a test report from a year ago that the location was not updated

-reamed at for not logging in 15 min early (unpaid was expected at first)

-reamed at for not even being a full min late

-threatened no raise/no bonus... Read more »

0 Answers | Asked in Employment Law for Illinois on
Q: In Illinois are employers allowed to deduct money from wages for rent and utilities if housing is maintained by employer

Housing (apartment, trailer, house) and utilities are in employer's name, employee is living there by choice

2 Answers | Asked in Employment Law for Illinois on
Q: Can I sue for wrongful termination and/or pain and suffering?

I was discharged March 1, 2023. I applied for and was denied unemployment because I was fired for my conduct. I appealed and went (via webex) in front of an Administrative Law Judge. She sided with me. And in her opinion I was mailed it seems to me she doesn’t believe I should’ve been... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Many layers of different Federal and State law here. First, the decision of the ALJ cannot be used to establish liability in a civil action over termination, but because you are Union, you don't have that anyway. Nor is it useful in your grievance, some of the reasoning could help you but the... Read more »

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2 Answers | Asked in Employment Law for Illinois on
Q: If my worplace doesnt have an attendance policy or point system would it be wrongful termination if they fire me?

This is in illinois

Rhiannon Herbert
Rhiannon Herbert
answered on May 23, 2023

Employers are not required to have any policies or procedures in place for attendance, so generally, the answer to your question is no. However, if you believe your employer has a discriminatory motive for terminating your employment due to an attendance issue (i.e. termination based on race, age,... Read more »

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0 Answers | Asked in Employment Law for Illinois on
Q: I was randomly drug screened at my job for a non CDL driving job. What happens if chain of custody was not followed?

So I supposedly failed a random drug screen for amphetamines, how that happened I have no idea. I am being told that I either have to mail a check in for 150 dollars to have the sample re-analyzed or I am not longer employed. While this is an option, I am concerned about the results and the money.... Read more »

0 Answers | Asked in Employment Law for Illinois on
Q: Considering taking an agreement with a company, but wary - is this enforceable?

This company gives 10 weeks of training before employment. Employment is not guaranteed after training. Seems once I've started training I'm obligated to complete the training & work with the company for at least a year. If I break the agreement I owe them $7,000. This seems like a... Read more »

0 Answers | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Can audio recording be used as evidence to support a job discrimination claim in Illinois?

I have audio recording from a job interview that I would like to submit as part of a job discrimination claim. It was obtained from an in-office source (not a telephone tap). However, I am unsure if it falls under any exception of Illinois' eavesdropping laws as it was not obtained with... Read more »

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... Read 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.... Read more »

0 Answers | Asked in Employment Law for Illinois on
Q: Is it legal for my bathroom breaks to be counted toward my paid 15 minute breaks? Also, are we entitled to paid breaks?

My employers count stretching at our desk and bathroom breaks toward our paid 15 minute breaks through the day whether or not we have logged off phones or are away from our work area. I wanted to know if that was legal and if we are entitled to two paid 15 minute breaks and one unpaid 30 minute... Read more »

0 Answers | Asked in Employment Law for Illinois on
Q: i have worked for a foreigner owned hotel for about a year ..during this time i have witnessed alot of wrong actions by

i have worked for a foreigner owned hotel for about a year ..during this time i have witnessed alot of wrong actions by the hotel owner that break american laws and are unethical. i am not trying to get money but expose what hes doing....- pocketing baggage fees for buses..its a bus stop

-... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Hello I have a problem with my employer and the state of Illinois unemployment office trying to draw my benefits

But I live in Tennessee but my employer is in Gurnee Illinois

Cynthia Pietrucha
Cynthia Pietrucha
answered on May 1, 2023

If you're looking for free legal help with your Illinois unemployment benefits, the IDES does offer free attorneys on a case-by-case basis.

As of 5/1/2023, here is what IDES says to do to inquire about free unemployment representation:

As a claimant, which of the two...
Read 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... Read 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...
Read more »

2 Answers | Asked in Business Law, Contracts and Employment Law for Illinois on
Q: Employee Non-Competition and Confidential Information Agreement" enforcement.

Back in 2002, I signed a "Employee Non-Competition and Confidential Information Agreement" with my employer, which is a tire dealer. In 2004 I resigned from this company and worked for a another company about 25 miles away from my previous employer that I resigned from. It was also a tire... Read more »

T. J. Jesky
T. J. Jesky
answered on Apr 16, 2023

Short answer: No. An employer cannot unreasonably stop you from making a living. Generally, if you sign a Employee Non-Competition and Confidential Information Agreement, it is valid for no more than two years. I have yet to hear of any Court enforcing such a document if it states in the... Read more »

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1 Answer | Asked in Employment Law for Illinois on
Q: My company has overpaid me and others. This over payment went on for at least six months. Do we have to pay that back?

The overpayments ranged from 3,000 to 18,000 dollars, the error was on the fault of the HR department and the company not having an updated budget report.

Cynthia Pietrucha
Cynthia Pietrucha
answered on Mar 30, 2023

This situation should be governed by the Illinois Wage Payment and Collection Act.

"When an employee agrees an overpayment has been made the entire sum may be deducted on the employee's first regular payday subsequent to the payday on which the overpayment occurred. If an...
Read more »

2 Answers | Asked in Employment Law, Immigration Law and Tax Law for Illinois on
Q: Who do I talk to to determine my state residency if I split time between two locations?
James L. Arrasmith
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answered on Mar 29, 2023

If you are unsure about your state residency status because you split time between two locations, you may want to consult with an experienced tax professional or attorney who can help you determine your residency status.

Factors that may be considered when determining residency status...
Read more »

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1 Answer | Asked in Employment Law and Contracts for Illinois on
Q: My former employer signed a written agreement not to continue giving me a bad reference. Is this agreement legal?

I had a lawyer for a reference checking company handle the situation. The lawyer sent the employer a Cease and Desist letter. The company agreed to only provide date of hire, departure, and title of position. The employer sent the lawyer a signed agreement - to avoid getting sued for giving... Read more »

Cynthia Pietrucha
Cynthia Pietrucha
answered on Mar 2, 2023

Based on the information provided, it appears you have a breach of contract case. If the relevant deadlines for acting on such a claim have not passed, you can sue the employer for breach of contract.

However, it does not appear you'd have a separate action for the cease and...
Read more »

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... Read more »

3 Answers | Asked in Workers' Compensation and Employment Law for Illinois on
Q: If I was in a work incident and I happened to be the victim could I sue the company for not taking any action?

I had a coworker who threw several boxes product (card sleeves) at me . Three hit my head and the rest hit my body. Anyways my manager told me he had a zero tolerance to that type of stuff and the co worker constantly outrages in the work environment. Yet he still working here so I just want to... Read more »

Jeremy Wang
Jeremy Wang
answered on Feb 28, 2023

Projectile objects being thrown at your head create an unsafe work environment and also have the potential to cause serious blindness and bodily injury. Report the incident to your manager. If your manager fails to correct the conduct, then report the matter to Human Resources.

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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... Read more »

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