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Illinois Employment Law Questions & Answers
1 Answer | Asked in Sexual Harassment and Employment Law for Illinois on
Q: Accused of harassment, investigating in-house, no legal action yet. Next steps?

I have been accused of harassment, with claims that I said something inappropriate to the accuser. However, I did not say what they claim, and I do not know who the accuser is. The matter is currently being investigated in-house, with no legal proceedings in place yet. What should I do now?

Charles Candiano
Charles Candiano
answered on Mar 22, 2025

Do not agree to be interrogated without representation.

If you have been accused of saying something and you know that you did not say it, then you know exactly what you are accused of saying. Usually, there are a limited number of people to whom the comment could have been addressed....
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0 Answers | Asked in Contracts and Employment Law for Illinois on
Q: Can I sue for lack of full-time shifts after being hired and ignored by employer in Illinois?

I was hired full-time by a job in IL, but I've only been scheduled for one 8-hour shift in two weeks, and currently have no upcoming shifts. Despite having an employment contract specifying full-time work, the employer hasn't responded to my calls or texts, and has not provided any... View More

0 Answers | Asked in Employment Law and Elder Law for Illinois on
Q: Can expunged retail theft record appear on fingerprint scan for elderly care job in Illinois?

I'm concerned about whether a retail theft record, which was expunged on March 18, 2024, might appear on a live fingerprint scan for employment purposes working with the elderly. Could there be issues based on jurisdiction-specific rules? I'm particularly interested in how this applies in Illinois.

0 Answers | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Is being forced to use my personal phone at work and threatened with firing considered age discrimination?

I am a 59-year-old employee, the oldest in my office, while my colleagues are in their 20s. My boss, who is 40, threatened to fire me over being on my phone, although my company requires me to use my personal phone for work-related group chat communications. I receive about 300 messages daily,... View More

1 Answer | Asked in Child Custody, Domestic Violence and Employment Law for Illinois on
Q: How can I safely move with my son to Illinois away from his aggressive, substance-using father?

I want to leave the father of my child, with whom I am unmarried, and move my son back to Illinois with the support of my family. There is currently no formal custody arrangement, but I plan to set one up once we relocate. The father will likely oppose the move, and he has been aggressive towards... View More

Cheryl Powell
Cheryl Powell
answered on Mar 10, 2025

Find out what relocation laws are in the state you are in and what you have to comply with there, if anything, prior to moving to Illinois.

0 Answers | Asked in Business Law, Employment Law and Contracts for Illinois on
Q: Can I claim a cash award after retiring early due to aortic stenosis?

I recently retired at the age of 72 from a major company. I had given 9 months' notice before retiring and was informed by the VP of HR to sign an agreement to qualify for a cash award, which would only be given if I worked until 8/31/2025. However, due to aortic stenosis, I chose to retire... View More

0 Answers | Asked in Civil Rights and Employment Law for Illinois on
Q: Privacy violation at UPS during drug test wait

I believe my right to privacy and civil rights were violated by my employer. As a full-time UPS driver with 9 years of service, I was required to sit in an office with the door open for nearly 4 hours while waiting to take a drug test, which should have been conducted at a testing center. During... View More

0 Answers | Asked in Employment Law and Gov & Administrative Law for Illinois on
Q: Union workplace pension credit discrepancy resolution.

I work for a union and typically earn 2 full pension credits for 2000 hours of fieldwork. However, since I work at a training center, my hours are sent to a different local before reaching mine, resulting in only 1.5 credits. Despite raising this issue with union representatives, their response has... View More

0 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for Illinois on
Q: Trouble with HR for pride parade mention and "ladies" term.

I got in trouble with HR at my workplace for mentioning my attendance at a pride parade and for asking my team not to use the gendered term "ladies." I am openly gay and a closeted trans individual. HR called me unprofessional and made a discriminatory comparison between being gay and... View More

0 Answers | Asked in Gov & Administrative Law and Employment Law for Illinois on
Q: Are lunch breaks required for exempt pharmacists in Illinois?

In Illinois, are exempt pharmacists obligated by state laws to have lunch periods within their working shift, and are there any specific regulations regarding this?

0 Answers | Asked in Employment Law and Contracts for Illinois on
Q: Can employer sue for disputed overpayment and lien property in IL?

During my employment, I experienced instances of being underpaid. Recently, my previous employer claimed I was overpaid and requested repayment. I communicated my disagreement to the HR/payroll team about a month ago. I haven't received any legal communication from them, and I am unsure if my... View More

0 Answers | Asked in Civil Rights and Employment Law for Illinois on
Q: Can a department seize an officer's personal weapon without a court order?

I am a law enforcement officer, and my department seized my personally purchased primary duty weapon without a court order. A week prior to the seizure, I became upset about what I perceived as unfair work practices. However, no specific incident, investigation, or policy was cited as a reason for... View More

0 Answers | Asked in Tax Law and Employment Law for Illinois on
Q: Can company change W-4 withholding without notice?

I'm concerned that my company changed the withholding on my W-4 without notice. I discovered this issue by checking my paystubs. Despite having indicated on my W-4 that no federal taxes should be withheld, my paychecks now have federal taxes deducted. Upon contacting payroll, they mentioned... View More

0 Answers | Asked in Employment Law for Illinois on
Q: Negative review despite positive feedback; denied eval copy; overtime issues; no salary raise.

I recently received a negative performance review at work, despite consistently positive feedback from my manager in the past. During the review discussion, my request for a copy of the evaluation was denied without explanation. I was informed that leaving at the end of my scheduled shift is... View More

0 Answers | Asked in Employment Law for Illinois on
Q: Am I being misclassified as a volunteer by an LLC, should I be paid?

I have been volunteering at an LLC for about 3 months, where I perform work vital to the business's core operations and am held to specific deadlines and targets. Although I've been promised some products in return, I have not been promised wages or employment, and my request for monetary... View More

0 Answers | Asked in Employment Law, Employment Discrimination and White Collar Crime for Illinois on
Q: Can employer withhold 1099 worker's pay due to hostile environment and password issues?

I am a 1099 worker who recently ended my contract with my employer due to a toxic and hostile work environment. Despite being contracted as non-essential without set hours, I was used as an actual employee with fixed work times. The owner made offensive jokes, including using the N-word even after... View More

0 Answers | Asked in Civil Rights and Employment Law for Illinois on
Q: Can I sue my employer for forcing Covid vaccination in Chicago?

I work as a first responder for the city of Chicago. In March 2022, I was forced to take the Covid vaccine under the threat of losing my job. My employer sent multiple emails during that time regarding the vaccine mandate, but besides Covid, they didn't provide any specific legal... View More

0 Answers | Asked in Employment Law and Contracts for Illinois on
Q: Can employer revoke approved PALWA due to reset after I switched to full-time?

In January, I requested PALWA (Paid Annual Leave With Approval) time for days in February, and it was approved by my employer. However, after I switched to a full-time position in February, I received an email stating that the time was taken away due to the PALWA resetting on February 1st, despite... View More

1 Answer | Asked in Immigration Law, Employment Law and Contracts for Illinois on
Q: How to set up unpaid work on OPT with consultant's LLC in Illinois?

I am currently on OPT and looking to do unpaid work from home in the actuarial science field with an independent consultant who owns an LLC. We have a mutual agreement to collaborate temporarily while I pursue a full-time actuarial analyst position. I will be working on a list of tasks, such as... View More

James L. Arrasmith
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answered on Feb 24, 2025

For OPT compliance, structuring your arrangement as an unpaid internship is typically more appropriate than volunteering, as OPT requires positions to be directly related to your field of study. The LLC should provide you with a formal offer letter detailing your role, responsibilities, hours,... View More

0 Answers | Asked in Employment Law and Cannabis & Marijuana Law for Illinois on
Q: Clarification on workplace drug policy regarding off-the-clock cannabis use for under 21.

I need clarification on a workplace drug policy at my company in Illinois. The policy, which aims for a drug and alcohol-free workplace, prohibits being under the influence of illegal drugs, including marijuana, while on duty or on Company property. I'm confused about whether this policy also... View More

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