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... View More
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.
What are my options?
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... View More
After communicating with a supervisor and HR regarding my mental health and concerns about a hostile work environment, including harassment via micro-aggressions and unfair scrutiny/biases, my employer retaliated with increased scrutiny, overt incivility, and a denial of benefits.
A... View More
answered on Feb 21, 2023
If you haven't already, you should make a written report to your company's HR department regarding the differences in treatment you have observed that may be based on race (based on your message above). While treating some employees more favorably than others is inherently unfair, this... View More
Word for word, except for [company]
"I agree not to contact, call upon, or otherwise solicit, whether directly or indirectly, any customers and/or employees of [company], for two (2) years following termination. I agree I am subject to and bound by all policies of [company] and all... View More
answered on Feb 10, 2023
Why agree to a two year non solicitation agreement if you are leaving your employment in two weeks?
How much is your current employer willing to pay you for such an agreement?
I work for the state of illinois. A coworker has harassed me several times recently. I’ve reported it in writing to my supervisor. I’ve sent him the email of the harassment and nothing is done. I’ve also been written up for saying “I’m not a fan of him” when referring to the person... View More
answered on Feb 6, 2023
I'm sorry to hear about your difficult situation. Not all "harassment" is illegal - or in other words being a jerk/rude is not enough to create legal claim. Instead the harassment must be based on a protected class characteristic like race, age, gender, etc. or retaliation because... View More
I received tax document in my mail box. Can I file a law suit & if yes who.
answered on Mar 4, 2023
Yes, you may be able to file a lawsuit for identity theft or fraud against your previous employer for using your Social Security number for another person. You should consult with an attorney who specializes in identity theft and employment law to evaluate your options and help you pursue any legal... View More
I signed a con-compete in Illinois that reads "If for any reason I decide to voluntarily resign from the Company, I acknowledge that the Company requests that I provide at least 10 business days written notice of my intent to leave, the date I want to leave, and (as soon as I know it) the name... View More
answered on Feb 2, 2023
Your question is missing some important information. Having said that, non-competes are not enforceable in Illinois unless they are reasonable under the circumstances. I do not believe that an Illinois court would find the requirement to disclose a new employer as being unreasonable. I suspect that... View More
I am now at work in pain because I fear I will get more points against me. They have a system where if you get 7 points, you’re fired. I’m not sure if this is legal or if there is anything I can do in this situation. I have doctor’s notes for my surgery and my missed day on Monday 1/16/23.
answered on Jan 17, 2023
Sorry to hear about your surgery. If you had a doctor's note for taking Monday off, and your employer would not accept it, you may have a case for denial of reasonable accommodations. Depending on if you qualify for job-protected leave, you may also have a case for violation of the FMLA.... View More
Know All Men By These Presents, That I/we the undersigned, for the sole and only consideration of One Thousand Seven Hundred and Nine 50/100 (1,709.50) paid to me/us in hand by ABC Corp, the receipt whereof is hereby acknowledged, hereby release and discharge, and by these presents do hereby... View More
answered on Nov 26, 2022
It seem like ABC corporation wants to pay you $1,709.50 for a release and discharge for some damaged they caused you. This release is a legally binding agreement used to protect ABC Corporation from having you bring further legal action against them for a number of reasons. They want to close... View More
My former employer under recorded the amount of agreed upon vacation time in their Quickbooks payroll software, and as a result, I was not paid out all of my vacation time upon termination from the company. My paystubs each pay period show available vacation time, and are proof of the fact. My... View More
answered on Nov 1, 2022
Whether you have recourse depends on what law may apply to your case. Under Illinois law, employers must pay out all earned vacation on the paycheck after termination. While the company is in Illinois, and Illinois law would give you recourse to collect unpaid earned vacation, you reside in... View More
I received a $15K signing bonus for a new job last year. I signed an contract agreeing to pay back the bonus if I voluntarily leave within 12 months from date of hire.
I started Oct 11 2021. I accepted a new job offer and would like join on Oct 17th. If I give my two week notice stating my... View More
answered on Sep 22, 2022
It would be best to wait until October 12 to give notice to eliminate the potential claim that you must pay back the bonus. Think of it as being paid $15,000 to work those extra few days.
am currently 33yrs old.
Three years ago I was driving semi trucks . Stopped due to multiple surgeries (non-work-related).
Currently on Government Benefits.
Temporary Social security disability
Now present time.
Im close to being fully recuperated so its... View More
answered on Sep 11, 2022
The short answer is: Yes. Go ahead and form the LLC. Let it sit until you are ready to make use of it. Unless there is something you have not disclosed, I don't see how forming a LLC will affect your benefits. However, once income starts flowing through your LLC, it may or may not affect... View More
I work remotely from home and have for 2.5 years, I'm listed as a remote employee so all work is completed from IL. My noncompete would be invalid due to 2022 statute changes in IL and I need to know if I am covered by this. I've reported abuse from management for years, and have hit the... View More
answered on Sep 9, 2022
Most likely you would be subject to Illinois law because the employer would have to bring suit against you in Illinois as you live here in Illinois. If the court is interpreting the contract under Illinois law then you would be included in whatever 2022 laws are applicable to your contract.... View More
I've been with the company almost 10 years but management has been getting worse and I feel like they are pushing me out. I also feel like the fact I'm on ADA for a medical disorder I have isn't helping with how they treat me.
answered on Sep 6, 2022
The American's with Disabilities Act requires that your company make reasonable accommodations for your disability and that the company can not discriminate against you because of your disability. If you already have an ADA accommodation request with your employer, it would be very suspicious... View More
I have to make a decision and if I take the buyout; with my tenor, they will only payout 120 hours instead of the 238 hours that I have accrued. Looking at IL Sec. 300.520, I think I should be paid the full amount but the legal language is tripping me up. Which trumps what? The severance agreement... View More
answered on Sep 1, 2022
Your employer is required to payout all earned (accrued and unused) vacation time. Depending on your companies PTO policy, your balance may include both a vacation and some sort of sick time. However, the amount they pay out can not be some sort of arbitrary amount. A company can not maintain... View More
answered on Jul 30, 2022
An Illinois attorney could advise best, but your question remains open for two weeks. It could depend on your work situation, disability situation, financial eligibility for programs, and other possible factors. Employment law and disability law attorneys might have better insight into this - you... View More
answered on Jul 6, 2022
The answer depends on the exact circumstances. Several possibilities suggest themselves. One is that the offender may be engaging in the tort (a civil wrong creating liability) of slandering the business reputation of the victim company. Another is that the offender may be engaging in the tort of... View More
Pins are currently out hand swollen
answered on Jun 15, 2022
I don't know what question you're asking. If you are asking whether it is "worth" hiring an attorney, the answer is always yes in Illinois Worker's Compensation claims. You hire the attorney on a contingent fee basis which means that you pay nothing until the claim is... View More
answered on May 19, 2022
It depends. Often, not.
In general, you must be lawfully present in the U.S. in order to become a green card holder. If you have been sponsored and approved for an H1-b visa, then Amazon may only need you on a temporary basis, but this is unclear. If you were approved for a USCIS... View More
I was not working or being paid by company A(or B) while at company B. I was injured at company B while performing an action at the behest of an employee at company B. Company A and B are affiliated.
answered on May 12, 2022
You posted this under Illinois Worker's Compensation law but you clearly state that you are not an employee of either company A nor company B. The Illinois Worker's Compensation act only applies to injuries that are sustained in the course and scope of one's employment. And injury... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.