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Illinois Employment Law Questions & Answers
0 Answers | Asked in Employment Law, Health Care Law and Medical Malpractice for Illinois on
Q: I filed a report on my job back in December and been retaliated against and racial discriminated from the report.

Today they fired me after giving them a legal document to prove I was in the hospital for medical reasons. HR called and fired me I called Hr back and they reported to me they don’t fire by phone and I didn’t abandon my job like they claimed I did.

0 Answers | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Can my employer terminate me from my absences being inpatient and temporary walking impairment?

I just started a new job Jan 2 as guest relations. On Jan 23 got ill and got checked then Jan 24, i was admitted to hospital. I informed my employer. I had hives that turned to blisters and became huge wound on both calves. I was discharged Jan 31st but Dr advised to care for wound until Feb 12. On... View More

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
Cynthia Pietrucha
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

0 Answers | Asked in Employment Law for Illinois on
Q: In Illinois I was having a conversation with 2 of my bosses and another fire fighter. I recorded the conversation

I knew my boss would lie or try and get me in trouble later on down the road. Which I was right. But we were in a public building (fire department). Can I legally record that conversation or no?

0 Answers | Asked in Employment Law for Illinois on
Q: Hello, I do not know what to do here. I had no idea that the WARN Act existed until a today.

I was laid off in January 2022 by the owner of the company and was never given any paper work or even unemployement.

0 Answers | Asked in Employment Law for Illinois on
Q: My employer that I was with went from paying us normal checks, to sending us money and told us that he was withholding

Our taxes and taking care of everything so we’d still have a w2. Turns out he stole that money he was supposed to use for our taxes and what not and switched me to an independent contract with me having no knowledge of it or giving consent. Where do I go from here?

0 Answers | Asked in Employment Law for Illinois on
Q: My daughter has been demoted from her job after filing a complaint about her wages.

She hasn't been paid for overtime or for attending mandatory meetings on her day off. She was put on a performance improvement plan, but that was about ten days ago and her boss never met with her for the 10 day follow up on the plan. After her boss didn't meet with her, she filed a labor... 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

0 Answers | Asked in Employment Law for Illinois on
Q: Do you have to pay an employee mileage if they normally start at one office but starting other days at a further office?

I have part/full time employees - we provide IT Support. There are days where they need to start at a different locations that is about 15 min or so from our office. Do I have to pay them mileage if they are starting their day there and if they are hourly employees, do I have to pay them to get... 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
Cynthia Pietrucha
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
Cynthia Pietrucha
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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1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: I live in Illinois and work for a dealership, which I will not name. Every day at work the manager directly above me har

Harasses me constantly. He calls me anti gay slurs, I am hetero he insults my intelligence, every time I same anything he interrupts me and makes noises and stutters and such. I loved my job at one time .... Is there anything I can do??

T. Augustus Claus
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answered on Jan 11, 2024

If you're facing harassment and discrimination at your workplace in Illinois, there are steps you can take to address the issue. You may want to document instances of harassment, including dates, times, and details of what occurred. Check if your employer has a specific policy on reporting... View More

1 Answer | Asked in Education Law, Employment Law and Contracts for Illinois on
Q: I work in Cook county as a secondary teacher for a private school and want to break my contract.

I have health issues and was not informed that I would be teaching in a building with poor HVAC. Most days of the week I experience headaches and spend most of my free time recuperating. My contract requires a 3 month notice. I am looking for a position outside of teaching with a better work... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Jan 3, 2024

I'm sorry to hear about your situation. If you have a diagnosis from a doctor indicating a disability that contributes to your headaches, it's advisable to explore reasonable accommodation options with your employer. Under the Americans with Disabilities Act (ADA), employers are required... View More

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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1 Answer | Asked in Employment Law for Illinois on
Q: I received a "severance" offer after being terminated can I accept this severence and still collect unemployment?

Severence contains legalese so hard to see if they mention collecting unemployment as well. Can they legally say that I won't file if I sign this document? If they don't respond to IDES phone calls, will I not be able to get it? I know from past experience with other terminated employees... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Nov 21, 2023

Severance Pay and Illinois Unemployment Benefits

In most states, an employee can collect unemployment benefits only if it’s the employer’s fault you lost your job. For example, if your company can’t afford to pay you anymore or doesn’t like how you perform your job, the...
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2 Answers | Asked in Employment Law and Immigration Law for Illinois on
Q: I have a company that operate in IT consulting . When hiring h4 ead shuld I submit any forms with Labor or USCIS???

Planning to hire H4Ead candidate

James L. Arrasmith
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answered on Nov 18, 2023

When hiring an individual on an H-4 EAD (Employment Authorization Document), your company generally does not need to submit any forms to the Department of Labor or USCIS specifically for their employment. The H-4 EAD allows the holder to work for any employer in the United States without the need... View More

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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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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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