Get free answers to your Employment Law legal questions from lawyers in your area.
Hello: Back in September of 2023 I was injured at work. As of now, I'm still on work restrictions. Back in June of this year, every employee was due for a raise. Everyone but myself received the raise. When I brought it up to my admin, she said "You were accidentally missed, we will fix... View More 
But it seems that now that they have been picking with me and constantly threatening me with a last and final when I never had a write up with my 6 years.
I filed an internal complaint about a sexist interaction I had with a high-level executive. 6 months later, the executive is now suddenly claiming that they are misgendered in the complaint and that my complaint is causing a hostile work environment for them. The executive is now alluding to taking... View More
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
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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... View More
I have a lot more to add.
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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
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
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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
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
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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
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
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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... View More
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
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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
IE. a retailer of electronics and an electronics manufacturer
consider*
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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
and if yes how do I caculate severence owed?
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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... View More
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?
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
The company does not want to pay my $17,500.00 commission. Do I retain a SC or IL attorney?
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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:... View More
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)
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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... View More
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.
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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
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.
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
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?
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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... View More
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
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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
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