Get free answers to your Employment Law legal questions from lawyers in your area.
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
I work in the IT department of a large law firm, I'd like to know if 6 of us call out sick to send our company a message is protected by law or could we be fired for this? We are critical employees and are required to be on-site everyday while most of the company gets a new hybrid work benefit... View More
answered on May 9, 2022
Because you have assembled a group of IT employees that work together in the same department, a department that you say is critically needed, it is highly unlikely that the law firm management will terminate all of you at the same time. It is much more likely that they will identify the leader(s)... View More
anything. They were both Personal injury and employment law firms. What can I do to get what I deserve.
After hurting my hand and having carpal tunnel surgery I was in the enterance of the store were I dont really know what happen next I was on the floor with my head bleeding all I was doing was helping a customer get out the door, the door did not open and is still broken to this day. Was taken to... View More
answered on Apr 27, 2022
I am not addressing the friction with your supervisor. If you wish to address that, you should speak with someone who concentrates on employment law.
I am addressing your work injuries. You do not tell us how you injured your hand. From your description, I will assume that it was a single... View More
I signed a contract in July 2021 stating my employment and salary and my position of Office Manager. The company went through some financial hardship and the owner stopped paying us regularly. When asked about pay, the owners would never directly answer the situation. Eventually, without... View More
answered on Apr 8, 2022
The non-payment of wages when due is not legal. Go to the website for the Illinois Department of Labor and file a complaint for unpaid wages. It is a very user-friendly website. As for the reduction in pay, your best option is to bring your contract to a lawyer practicing in the field of... View More
I am a plaintiff in a case in which the defendant removed the case from state to federal court. It has now been remanded back to state court. Defendants filed a motion to dismiss in fed court which wasnt resolved. Defendants are now seeking to dismiss case in state court based upon the motion to... View More
answered on Feb 26, 2022
I believe that once the federal court is divested of jurisdiction and thus any authority over the pending case, that the motion to dismiss filed in federal court would have to be filed in the state proceeding to heard. That seems to be the case where although the motion to dismiss was filed in the... View More
I worked there for 3 years an give 2 weeks notice of taken a new job
answered on Jan 25, 2022
If your employer is located within the State of Illinois, he is required to pay you the proportion of your vacation which you've earned when you leave the job. For example, if your employer provided two weeks of vacation per year and you worked half the year before leaving, he must pay you for... View More
Is a form of abuse yet my employer does nothing
answered on Jan 5, 2022
More information is needed to answer your question. Is your coworker singling you out and giving you the silent treatment due to your status in a protected class (race, religion, age, etc)? If not, and the reason for giving you the silent treatment is merely a personality conflict, your employer is... View More
My husband has earned a large bonus this year. He has received 3 small payments, and the bulk is to be distributed in February 2022. The contract says that the employee must be employed by the company at the end of the year to receive the last payment. My husband has already secured a new job that... View More
answered on Dec 7, 2021
If the bonus contract requires your husband to be employed through 2021 to earn the bonus, then it can be denied if he doesn't work through the end of the year. If his new employer is flexible on his start date, you may want to see if his start date can be pushed back to still allow him to... View More
I believe that I am being wrongfully discharged and I need legal advice. My doctor’s recommendation against my taking vaccinations due to previous medical reactions were rejected by my employer. I also have religious beliefs that do not support my taking the vaccines. My employer fraudulently... View More
answered on Nov 15, 2021
Sorry, but it is a slam-dunk loser. Every court that has addressed compulsory vaccination has found that it was merited. If your children are not vaccinated (against childhood diseases), they CANNOT attend public school. Why should you have an additional opportunity to become infected and to... View More
I work for a big name delivery company as a driver and I do not take a 30 minute meal break. My employer initially noticed this and is claiming that it is mandatory for me to take a 30 minute break by Illinois law. A week passed and he just messaged me today saying that if I do not take a 30 minute... View More
answered on Nov 12, 2021
The employer is correct. No providing that break will subject that employe to a de facto state employment law violation. Additionally, permitting you not to take that necessary break will directly subject that employer to a civil suit for damages in several ways.
I deliver packages and I get paid hourly 12pm to around 8pm. Usually I don’t take a break so I can finish earlier as it takes longer delivering in the dark. My employer says that I must take a mandatory unpaid meal break and he states that if I continue to not take one I will be terminated... View More
answered on Nov 22, 2021
Your employer has a valid point: you have to take a break pursuant to the state labor and employment laws because if you do not (for any reason) that the employer may be accused (even by you) of violations of the state employment law, not to mention civil liability stemming from that violation.
I was hired as country manager by a US 500 company in 2013 on indefinite employment terms contract. 12 months later problems started mainly because I refused company illegal way of doing business. As a result, I was fired and sued for criminal charges in the foreign country. In 2019, I won an... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 14, 2021
IL statute of limitations on a breach of contract action is ten years. But first, you have to ascertain which country's laws apply. Did you have a written employment agreement and where was was it signed, in the US or in that foreign country? That's the law that will apply to a breach of... View More
I am part of a labor union in Illinois. Since COVID, we have lost many co-workers and applicants to higher-paying non-union jobs in our field. Our contract is not up until January, but if it keeps going this way, we will have no labor force left by then because we cannot stay competitive pay-wise.... View More
answered on Oct 12, 2021
This is a contract law question. Workers' Compensation is an area of law that deals with work-related injuries. Whenever BOTH parties to a contract WANT to make a changes (irrespective of reason), they certainly may.
The Union's response should be "Your hands are NOT tied... View More
So, I used to work for a big name company and they fired me for calling off due to a icy weather (not sure if I have the vm proofing it) but I do have emails, phone calls are recorded on their end and a letter from unemployment stating that my former employer said they fired me for misconduct and... View More
answered on Sep 21, 2021
The best legal approach would be scheduling a personal or remote meeting with an Illinois licensed employment (labor) law attorney and discussing possible merits on that legal action in a two way format. Without that it is rather impossible to suggest whether your case has merits.
I'm opening a 401k with my new employer and want to know if I can list my former fraternity's chapter specifically as my beneficiary or not. Assume that there will be no spouse in the picture and that the beneficiary will be updated if there is.
answered on Sep 13, 2021
I would NOT list your fraternity as a beneficiary to your 401K, but rather make other arrangements in your estate plan. As to if you can name a specific chapter in your fraternity - that could depend on the fraternity, so I cannot give you a good answer on that, you would need to speak to them.... View More
That have not been approved by the FDA?
answered on Aug 19, 2021
The vaccines have been approved by the FDA on an emergency basis. Your employer is not forcing the vaccine on you. They are simply saying you can't work for them if you aren't vaccinated. Your choice entirely.
There are state rules that provide guidance regarding voluntary and involuntary termination rules for when the final paycheck should be provided. However, if an employee makes a specific request to receive their final pay upon termination (regardless of state or reason for termination), is the... View More
answered on Aug 16, 2021
No, the employer does not need to issue you a final paycheck on your last day, even if you request it.
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.
