Lawyers, Answer Questions  & Get Points Log In
Illinois Employment Law Questions & Answers
1 Answer | Asked in Civil Rights, Contracts, Employment Discrimination and Employment Law for Illinois on
Q: What is the statute of limitation on indefinite employment contracts overseas with US based corporation?

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... Read more »

Jane Kim
Jane Kim 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... Read more »

1 Answer | Asked in Business Law, Contracts, Employment Law and Workers' Compensation for Illinois on
Q: Can you negotiate a new union contract before the old one has expired if it is in the best interest of the workers ?

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.... Read more »

Charles Candiano
Charles Candiano 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...
Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: I work in at at will state. Can I sue my former employer?

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... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko 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.

2 Answers | Asked in Employment Law, Estate Planning and Business Law for Illinois on
Q: Can I list a specific chapter of a fraternity as a beneficiary on a 401K?

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.

Charles E. Hutchinson
Charles E. Hutchinson 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.... Read more »

View More Answers

2 Answers | Asked in Employment Law, Workers' Compensation and Small Claims for Illinois on
Q: Is 820 ILCS 105/1-15 does not protect commercial drivers in the state of IL?
Charles Candiano
Charles Candiano answered on Aug 26, 2021

It protects ALL employees who are Illinois residents.

View More Answers

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Can I file a law suit against my employer or find out if others already have - if they are forcing vaccines on employees

That have not been approved by the FDA?

James G. Ahlberg
James G. Ahlberg 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.

1 Answer | Asked in Employment Law for Illinois on
Q: Does the employer have any obligation to provide a final paycheck on last day, if requested?

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... Read more »

James G. Ahlberg
James G. Ahlberg 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.

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Illinois on
Q: im writing due to the fact that i have been harrased at work and it is now very hostile work place

the manager used spanish to describe the job details. i only speak english i asked a few times to explain the job in english, i was not properly trained and i have heard them used foul racial slurs

Charles Candiano
Charles Candiano answered on Aug 16, 2021

You need to ask a question. Entry level jobs are plentiful and many employers are offering incentives. If this is a new, entry-level position, move on. If racial hostility or hostility against non-Spanish-speaking people is obvious, you may wish to seek a Right to sue letter from the EEOC but... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Can an employer in illinois refuse to compensate you for hours you spent in training?

She said because it was training that the state makes them do so that we can care for elderly that she doesnt have to pay us

Rhiannon Herbert
Rhiannon Herbert answered on Jul 20, 2021

Your employer does not need to pay you for time spent in training programs, but ONLY if they can meet all of the following criteria: (1) the training is outside normal work hours; (2) the training is voluntary (i.e. not required to perform or keep your job); (3) the training is not job-related; and... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Is my work place required to present a proper rest area/ break room for employees? (Illinois)

I work for FedEx as a housekeeper through a company called GDI. There are currently no designated areas for employees to have breaks on the premises. There are two conference rooms we are allowed to take breaks if they are not in use in but there is no guarantee we will be able to take a break away... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 20, 2021

There is no legal requirement that an employer give you a designated break room or rest area.

1 Answer | Asked in Employment Law for Illinois on
Q: started working for an employer May 3rd and quit May 18 I never received a single penny and keep getting the runaround

What can I do about this it’s now over a month and well over $1200 the company owner keeps saying he’ll pay me but never does and takes a while to reply

Rhiannon Herbert
Rhiannon Herbert answered on Jul 7, 2021

If your employer continues to refuse to pay you, then your best bet is to file an action in small claims court in the city you performed the work in to recover the pay you're owed.

1 Answer | Asked in Employment Law for Illinois on
Q: In illinois, does unpaid medical leave make you eligible for unemployment benefits?

I am still employed but unable to do my job because of an injury (not work related); therefore, I was placed on an unpaid medical leave of absence and am receiving no pay. I am able to do some form of work; however, my job requires me to stand for long periods of time, which I am unable to do. As... Read more »

Cynthia Pietrucha
Cynthia Pietrucha answered on May 20, 2021

I'm sorry to hear about your injury. If you haven't already, you should ask your employer for a light duty assignment supported by a doctor's note indicating the need to do work that does not require standing for long periods of time. The employer would then have the duty to... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Can an employment-at-will agreement include a penalty clause for failure of employee to provide notice under IL law?

An employment agreement in Illinois which specifically states the employee is considered an "employee at will" but also includes a per day fine for not giving 28 working days notice (a $500 fine for each that the employee does not work of the notice period). The agreement specifically... Read more »

Carrie Dyer
Carrie Dyer answered on May 19, 2021

You can be an at-will employee, but still subject to an agreement to provide certain notice before ending your employment. You should contact an Illinois employment law attorney to review your contract to discuss your options in greater detail.

1 Answer | Asked in Employment Law for Illinois on
Q: I have been hired as part-time but been asked to work 40 hours/week for 2 years without any benefits. Is that legal?
Rhiannon Herbert
Rhiannon Herbert answered on May 4, 2021

Federal law does not require employers to offer benefits (such as insurance, retirement plan, PTO, etc.). However, federal law does require you to be paid at least minimum wage for all hours worked, and overtime for all hours worked over 40 in a week (if you're paid by the hour). If... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Illinois on
Q: Does salary non exempt allow employers to pay unfair/uneven wages for same job title and description

I have worked here for 5 years in QA department, have had many meetings with PM, HR and my manager about pay. They state merits are the same across the board, take it or leave it. On production floor they are hourly, have a top out rate on pay after 2 years(literally ppl after 2 years make more... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Apr 21, 2021

While your situation seems unfair, the only federal laws governing the payment of wages are minimum wage and overtime laws (if you're paid by the hour and work over 40 hours per week). So, as long as your pay is at or above minimum wage, your employer's pay system is not unlawful.

1 Answer | Asked in Employment Law for Illinois on
Q: Hi !! I have been working in a company from last one year the terminate my services today for a very lame reason !!!

I was issued a warning from 27th October 2020 which was ended on 26 dec 2020 in the written document and yesterday I was told that the warning was never ended and they can terminate my services for no serious reason .

Charles Candiano
Charles Candiano answered on Apr 13, 2021

Illinois is an "at will" employment state. This means that you can quit your job at any time or your employer can terminate your job at any time with no obligation to state the reason for the dismissal or termination. The only restriction and termination is that you cannot be terminated... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Was i supposed to get paid from employer if they told me to quarantine when husband tested positive for covid?

I tested negative.

Charles Candiano
Charles Candiano answered on Apr 13, 2021

Your employer had absolutely no obligation to pay you during a period of quarantine. You're expected to live, sleep, and eat in close quarters with your husband who was sick. If you have never heard of Typhoid Mary, Google it. Your employer has to protect your fellow employees and has to pay... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Can I be forced onto another shift & fired for not agreeing to move?

I spoke with management and they agreed I can move to first due to my childcare situation.

Fast forward to this year I was injured and since then they’ve been looking for reasons to let me go. I returned back to work and they said I have to move to second shift or else they will deem it... Read more »

Charles Candiano
Charles Candiano answered on Apr 13, 2021

Your question is governed by your employment agreement, not by state or federal law. The only way for you to answer your question is for you to read your employment agreement or your collective bargaining agreement if you belong to a union.

2 Answers | Asked in Contracts, Employment Law and Employment Discrimination for Illinois on
Q: Can my job fire me for not telling them I have a mental illness?

They made us sign a paper saying that I must disclose all medical conditions including mental illness and if I withhold any information and they find out I could get fired. So if I were to show up to work and told someone I had depression they said that they could fire me for that. But is this even... Read more »

Charles Candiano
Charles Candiano answered on Apr 13, 2021

Your question isn't about employment law. Rather, it is about contract law. So long as the subject in terms of the contract do not involve contraband or other illegal activity, it has long been established that a person's right to contract is unlimited. Nobody "makes" you do... Read more »

View More Answers

1 Answer | Asked in Employment Law for Illinois on
Q: Hello. Yesterday I reported to my employer a situation in which a shift manager mistreated and bullied me.

I sent an email to my manager to complain about this and, the first thing i hear from another shift manager is, now I am not allowed to take my 30 min break It will be only 15 minutes, at a time when the person working with me feels comfortable with, in front of the store, in my car, and be ready... Read more »

Carrie Dyer
Carrie Dyer answered on Mar 24, 2021

Unfortunately, there is no legal protection from retaliation if you complained that your shift manager mistreated or bulled you, unless your complaint was that you were being mistreated/bullied because of your status in a protected class (i.e., age, race, ethnicity, disability, gender, etc.). If... Read 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.