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Illinois Employment Law Questions & Answers
0 Answers | Asked in Employment Law and Arbitration / Mediation Law for Illinois on
Q: The employer accidentally paid an ex employee. Can the employer get reimbursed?

The ex employee reached out to the employer and notified them that this occurred twice. The employer was able to reverse the latest payment. But the ex employee stated that they no longer had the first accidental payment and cannot pay it back.

0 Answers | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Can an employer delay a start date after signing an offer of employment with contingencies that were fulfilled?

I was offered a job as a teacher with the contract stating a start date of 09/09/2024 pending a background check and HR approval. I provided all documentation and completed past employment verification with HR. They emailed on 09/27/2024 (after two follow-up emails from me) stating that they... View More

1 Answer | Asked in Employment Law and Immigration Law for Illinois on
Q: Will I have to enter into the lottery again? What will the process be like for me next time?

I was picked and got an H1b visa stamp last year. However, I did not get into the company that hired me because the employer wanted me to work more hours than regular and have fewer holidays than it should be according to the work law in the U.S. of not abusing foreign employees. Now, I am... View More

James L. Arrasmith
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answered on Oct 9, 2024

Since you were previously selected in the H1B lottery and obtained a visa stamp, you may not need to enter the lottery again if you apply within six years of your initial selection. This allows you to transfer your H1B to a new employer without going through the lottery process again.

If...
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0 Answers | Asked in Employment Law, Employment Discrimination and Health Care Law for Illinois on
Q: Boss came to me and asked if I were to get compensated more , would I get off our medical plan ? Is this legal ?

There have been two encounters about medical insurance to me . 1st she came to me after a discussion with the owner . She asked him about the cost of the plans and why they keep getting more costly . He stated someone on her team uses too much insurance and she assumed it was me and came to me... View More

1 Answer | Asked in Criminal Law, Civil Rights, Libel & Slander and Employment Law for Illinois on
Q: Is it illegal for management at a workplace to have their own camera up and record Video & Audio without telling anyone

I have a lot more to add.

James L. Arrasmith
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answered on Sep 20, 2024

In most workplaces, recording video and audio without notifying employees can be a legal issue, but it depends on where you are. Laws regarding surveillance vary by country, state, and even local regulations. In many places, it's required to inform employees if they are being recorded,... View More

1 Answer | Asked in Employment Law and Civil Rights for Illinois on
Q: USDC-IL:What is the maximum $ you can put in a settlement demand for intentional emotional distress in a Title VII case?

I currently am ProSe in a Federal Title VII Discrimination case against my employer. I have also charged them with harassment and retaliation. They have over 500 employees. As we are starting discovery I am contemplating sending a settlement demand. Their discriminatory actions and the behavior... View More

James L. Arrasmith
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answered on Sep 16, 2024

In a Title VII case in the U.S. District Court for the Northern District of Illinois (USDC-IL), the amount you can demand for compensatory damages, including emotional distress, is subject to statutory caps under federal law. For an employer with over 500 employees, the maximum cap for combined... View More

Q: What are my legal rights regarding unpaid vacation, sick leave, overtime pay, and unsafe working conditions in my situat

Over the past two years at this job, I didn’t take any paid vacation, wasn’t given paid sick leave when I was ill or injured, and was only paid my regular hourly rate for overtime. Additionally, I had to make deliveries with the truck when others were unavailable, and I couldn’t use my... View More

James L. Arrasmith
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answered on Aug 31, 2024

You have legal rights regarding unpaid vacation, sick leave, overtime pay, and unsafe working conditions. Federal and state labor laws protect your right to receive overtime pay for any hours worked over 40 in a week. If you were not paid properly for those extra hours, you may be entitled to back... View More

1 Answer | Asked in Employment Law and Immigration Law for Illinois on
Q: My question is regarding an early H1-B visa transfer to a new employer before it activates on Oct 1st, 2024.

I am on an F1-OPT "Cap-gap" visa period until Sept 30th. I got my H1-B visa registration picked in the lottery this year and it was approved in July as a change of Status. My H1-B will activate on Oct 1st, 2024. I have the original I-797 approval receipts and I-94 with me.

I got... View More

James L. Arrasmith
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answered on Aug 7, 2024

1) Yes, you can transfer your H1-B to a new employer before October 1st even though it has not activated yet. The new employer can file a petition for your H1-B transfer.

2) If the H1-B transfer gets an RFE (Request for Evidence) or denial, it does not affect your original approved H1-B...
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1 Answer | Asked in Employment Law, Election Law, Gov & Administrative Law and Military Law for Illinois on
Q: Is it prohibited for an active duty US soldier to also hold office as a town/city alderman in Illinois?

I am a federal litigation paralegal and I can't find any information on this. I will be seeking enlistment in either the navy, coast guard, air force, or space force after my FAFSA runs out to repay my student debt and to gain access to the GI bill to do my graduate studies. While in active... View More

James L. Arrasmith
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answered on Aug 5, 2024

You are correct to consider the regulations at both the state and federal levels. The federal law, specifically the Hatch Act, does restrict the political activities of certain federal employees, including members of the armed forces. The Hatch Act primarily prohibits active duty military personnel... View More

1 Answer | Asked in Contracts, Employment Law and Patents (Intellectual Property) for Illinois on
Q: Under the Illinois "Employee Patent Act" Section 2(1)(a)(i), what is the threshold to considered businesses "related"?

IE. a retailer of electronics and an electronics manufacturer

consider*

James L. Arrasmith
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answered on Aug 10, 2024

When considering whether businesses are "related" under the Illinois Employee Patent Act, Section 2(1)(a)(i), the focus is on whether the employee’s invention relates to the employer’s current or anticipated business activities. The threshold involves analyzing the nature of the... View More

1 Answer | Asked in Bankruptcy and Employment Law for Illinois on
Q: when filing out a proof of claim form against my employer who filed for chapter 7 can I include severence to wages owed?

and if yes how do I caculate severence owed?

James L. Arrasmith
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answered on Jul 21, 2024

Yes, you can include severance in the wages owed when filing a proof of claim form against your employer who filed for Chapter 7 bankruptcy. Severance pay is typically considered part of wages and can be claimed as such.

To calculate the severance owed, refer to your employment contract or...
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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

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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

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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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