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Illinois Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Illinois on
Q: I was sent an offer letter but it was rescinded after my background check? Does this fall under Title VII?

I have a felony on my background from 1996 and I feel that my old case shouldn’t have precedence in my life anymore. One conviction, never been in trouble again, two Master Degrees since my release, been managers for large organizations and still have to deal with this issue. I’m in a... Read more »

Carrie Dyer
Carrie Dyer answered on Dec 2, 2020

If the employer rescinded your offer of employment due to the felony conviction, and not becuase of your status in a protected class, then your employer did not act unlawfully.

2 Answers | Asked in Employment Law for Illinois on
Q: Can my district manager force me to pay my own money to make up for lost wages of another employee?

I work at a franchise of Dominos as the General Manager. One of my associates did not properly clock his hours last payroll resulting in no paycheck on friday. my district manager (my boss) says there is no other way to get him his money besides me paying from my own pocket. They take my bonuses... Read more »

Cynthia Pietrucha
Cynthia Pietrucha answered on Nov 23, 2020

No. Not only is it unfair, but it is illegal.

The Illinois Department of Labor has offered the following FAQ on this topic:

Can my employer take money out of my wages to cover cash register shortages or damages to the employer's equipment/property?

No, an employer...
Read more »

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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Illinois on
Q: Retaliatory discharge and Discrimination

Wrong Termination

I was wrongfully terminated on Oct 12, 2020, from my previous employer, Mercy Housing. I was brought up on fraudulent charges, which were a surprise to me. I was never reprimanded for these charges that I have been accused of. I believe it's a case of retaliation and... Read more »

Kyle Anderson
Kyle Anderson answered on Nov 11, 2020

More information is needed here. Why do you believe you are being retaliated against? Why do you think you are being discriminated against? Title VII protects employees from being discriminated against on the basis of their race, religion, sex, etc. and for being retaliated against for engaging in... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: If a company post a job do they have to put a closing date on the job posting?
Greg Mansell
Greg Mansell answered on Nov 11, 2020

There is no requirement that a company put a closing date on a job posting. They can leave it open indefinitely if they choose.

1 Answer | Asked in Child Support and Employment Law for Illinois on
Q: Can I work even if one of my parents is paying child support for me?

I’m 16 and one of my parents is giving child support to my other one. With the pandemic going on my mother, who receives child support, recently lost her job. I’ve been wanting to help her but she’s questioning whether I’m allowed to work, since my father is giving her child support. I just... Read more »

James G. Ahlberg
James G. Ahlberg answered on Nov 6, 2020

Yes, you can work. And I salute you for being so responsible.

1 Answer | Asked in Employment Law for Illinois on
Q: Would unemployment side with me if my work place is defying the governors no indoor dining order, & asking me to work?

I work in a very large bar/restaurant. My work place shut down last week, and they were following the rules at first, but now in defiance they are re opening and asking me to return a mere 4 days later, after I already (now pointlessly) started my unemployment process. Not only do I not think this... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Nov 2, 2020

In some states, an individual can establish they have "good cause" for refusing to return to work from an unemployment standpoint (thereby rendering them eligible for unemployment benefits) if they can prove they are at a higher risk of severe illness if exposed to COVID-19 and the... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: My work is opening illegally & defying the governors no indoor dining order, will unemployment side with me if I quit?

I live in Illinois, and I also have an underlying health condition (asthma) . I was told I was laid-off 4 days ago, I began the unemployment process, as they were closing the doors and following the rules at first, now I am told I need to return in a couple days.

Cynthia Pietrucha
Cynthia Pietrucha answered on Oct 28, 2020

What a crazy world we live in! Be very careful in this scenario. To collect unemployment benefits, if you are not coming in due to asthma, you would need a doctor's note BEFORE you don't return. Also you should communicate in writing so you have evidence of your communications.... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Is there a limit on how much a employer can require an exempt employee to be on call and near campus with out a stipend?

Employer requiring a exempt employee to be on call for at least 2 weeks per month. This is a 24/7 on call for these two weeks, the employee would be required to be available for remote assistance and not leave the area to be able to respond to campus if needed with in 30 to 40 minutes. The would... Read more »

Carrie Dyer
Carrie Dyer answered on Oct 28, 2020

You must be paid for time spent actually working while on call. However, whether the entire on-call shift must be paid depends on a variety of factors. Typically, if you are not required to remain on the employer's premises and instead are only required to be reachable while using that time... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: My former employer is contesting my eligibility to receive unemployment benefits 4 months since my file date. Legal?

I was laid off for a short period so I am filed for unemployment benefits for that period Only to be Fired a couple days after coming back so I have been receiving benefits for the past four months as I look for work. Just recently they have raised a claim that I am not eligible because either I... Read more »

James G. Ahlberg
James G. Ahlberg answered on Oct 22, 2020

You need to make an appointment to see a lawyer ASAP. Bring all the documents you have regarding your unemployment benefits to the appointment.

1 Answer | Asked in Employment Law for Illinois on
Q: I am looking for information for FLSA. I think I may be getting improperly paid for my hours.

I have been working there since January and I was told I am exempt from FLSA but when I did some research there is nothing saying that hourly employees are exempt.

James G. Ahlberg
James G. Ahlberg answered on Oct 17, 2020

As a very general rule, hourly employees are not exempt unless they work in specified industries. You haven't provided enough information for anyone to give you particularly good advice.

2 Answers | Asked in Employment Law for Illinois on
Q: In IL., is it legal to drop ones pay 30 % if asked to take another position within the company?

I work for a major retail firm.

Carrie Dyer
Carrie Dyer answered on Sep 30, 2020

Yes, your employer can change your rate of pay at any time for any reason, as long as it is not for an unlawful reason and as long as your pay is compliant with state and federal wage and hour laws.

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1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: How can i find an employment lawyer?

I need an employment lawyer who has won cases against big companies in the 62232 area and will offer a free consultation.

Kyle Anderson
Kyle Anderson answered on Aug 27, 2020

You can Google "Employment Lawyer" or "Employment Attorney" in your state or city and sift through the results.

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: If I resign can I still go after my employer for whatnot feel is intemitation?

I was told to resign or they would terminate my employment. If terminated polixe may be involved and they have contacted the states attorney. I ask for what. They said padding time cards and throwing away legal documents.

George W. Svoboda
George W. Svoboda answered on Aug 25, 2020

Unless there is more to this story, you have no case against your employer, but they may have a case against you. Intimidation by accusing you of a crime is not illegal if it was a true statement and if it was not based on any protected form discrimination, such as race, gender or national origin.

1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Q: Im pregnant and need help with my job

So i work at a warehouse in Illinois and I was denied light duty from my job (I'm 33 weeks pregnant) because of my work restrictions and was told if i went back to work that dealt with a rate and I did as my doctor said, my productivity will be in the negative and I'll be fired. This is... Read more »

George W. Svoboda
George W. Svoboda answered on Aug 18, 2020

This sure sounds like a violation of the provisions of the Illinois Human Rights Act regarding protections for workers who are pregnant. Contact an employment attorney and request a free consultation.

1 Answer | Asked in Employment Law and Elder Law for Illinois on
Q: My question is concerning the effects on a 64 year old woman from wearing a mask at a full time job.

I’ve been wearing the required mask at work since March 2020. We were informed it is now a requirement for employment. I do not work in the general public. I’ve reported to my manager of having a sore scratchy throat, & congestion, but now it’s a burning in my chest with trouble breathing... Read more »

George W. Svoboda
George W. Svoboda answered on Aug 5, 2020

I'm sorry for your situation. You should go to the doctor and you should get tested. There is no clear evidence that reinfection is not possible. You described symptoms that your employer may believe warrants a test for the virus. You do not have to go to the doctor, but your employer may... Read more »

1 Answer | Asked in Employment Law, Collections and Government Contracts for Illinois on
Q: Do I have to pay union fees if hired by Illinois State University as a parking officer?

I was recently hired by Illinois State University as a parking officer. I received a letter saying I have 30 days from date of hire to join or opt out. However the University contract with the union states they will withhold “fair share” payments from wages regardless of membership. The issue... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 31, 2020

Yes. If your salary was negotiated by a union, you have to pay "shop dues" or some other such fee as if you were in the union. So, since you have to pay dues anyway, you should probably join, then you get the benefit of having someone in your corner if there is a problem, such as you... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Does my husbands employer have to pay him to quarantine due to being exposed to COVID 19?
Kyle Anderson
Kyle Anderson answered on Jul 29, 2020

Hi, this depends on the size of your husband's employer. If they have less than 500 employees, he is eligible to receive up to two weeks (up to 80 hours) of paid sick leave at his regular rate of pay if he is unable to work due to being quarantined or experiencing COVID-19 symptoms and seeking... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Can my employer get away with not paying me for meeting and wait time?

I work for a company where I install security alarms. I get paid for installation and am expected to upsell for which I would receive a commission. I also get paid mileage for my personal vehicle. However, I get nothing for the mandatory morning meetings, nothing for doing inventory and when... Read more »

Kyle Anderson
Kyle Anderson answered on Jul 29, 2020

Hi, more facts are needed to fully evaluate your employment situation. Are you paid hourly? Do you work more than 40 hours per week? Generally speaking, attendance at the morning meetings needs to be paid unless the following four criteria are met: (1) the meeting it outside normal working hours;... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: I was furloughed because of COVID-19 for my wife’s medical condition when I asked to return when all other employees

Come back in August from my department of which I was a salary manager they said yes but are taking my salary and manager title from me. But I have never had any type of verbal warning, written warning there should not be one thing in my employment file that would warrant or constitute them from... Read more »

George W. Svoboda
George W. Svoboda answered on Jul 23, 2020

I'm sorry for your situation. It's not clear what type of discrimination you are claiming here. You may be able to claim family responsibilities discrimination, otherwise known as caregiver discrimination. You would need to show that the employer reduced your pay and position, because of... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Can my employer record private audio conversations without our consent?

We were recently made aware that not only do the district managers regularly watch video of us in the store, but they also listen into private conversations between managers and associates. We never knew the cameras also recorded audio. We are located in Illinois.

George W. Svoboda
George W. Svoboda answered on Jul 23, 2020

You should not assume a right to privacy when working at your employer's business. About the only place you have a right to privacy when working is in the bathroom stall. Security video recordings are legal under the Federal "one-party" consent rule, which means only the employer... Read more »

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