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Illinois Employment Law Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Is there a time limits to sue a company you use to work for?

The assistant manager named Cerica who worked the same position as me, one day got mad because I removed a sticky note she wrote so she tracked me down in the hotel, got in my face threatening to beat me up and throw me over the balcony on the 2nd floor, she proceeded to call me racial slurs,... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Apr 3, 2024

I'm sorry to hear about your situation. DO NOT DELAY. Your legal rights have strict deadlines. If you wish to sue the company for something like racial discrimination in Illinois, your deadlines can be as short as within 300 days of the alleged discrimination if your allegations require a... View More

1 Answer | Asked in Civil Rights, Employment Law and Landlord - Tenant for Illinois on
Q: Even if it’s illegal to live at a commercial business can you be secretly recorded if you stay in a room turned bedroom?

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

James L. Arrasmith
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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

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Have my employment rights been violated?

I was unofficially fired, now being forced to beg supervisor to keep my job. Fired for leaving during my shift. I left because I was suffering from injuries obtained that same morning from a DV attack at home. I was only recently informed of VESSA. I do not believe my employer has any posting for... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Feb 22, 2024

Based on the details provided, it appears that your employment rights may have been violated under the Illinois Victims' Economic Security and Safety Act (VESSA). VESSA provides certain rights to employees who are victims of domestic or sexual violence, or who have family or household members... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: Illinois Worker's Comp

If I have a candidate working remotely in Illinois but their base is in Indiana, do I have to add Illinois to my worker's comp insurance or can I just keep Indiana's and be covered?

Charles Candiano
Charles Candiano
answered on Jan 31, 2024

You are using words that are amenable to multiple interpretations. If you mean to say that you have an employee who lives and works in Indiana for your business that is headquartered in Illinois, you need to have Worker's Compensation insurance in Illinois. If a worker sustained a... View More

1 Answer | Asked in Employment Law for Illinois on
Q: I was hired fully remote that is on my signed agreement. The company now built a new building and wants me to come in.

Do I have a legal stand point? What should I do?

Cynthia Pietrucha
Cynthia Pietrucha
answered on Jan 22, 2024

Your situation may indeed involve a potential breach of contract, depending on the specific terms outlined in your signed employment agreement. If your contract explicitly states that your position is fully remote, the company's request for you to work in-person at a new building could be a... View More

1 Answer | Asked in Employment Law and Public Benefits for Illinois on
Q: I’m having a baby in May & I'm wondering if I can collect unemployment while on maternity leave/medical leave.
Cynthia Pietrucha
Cynthia Pietrucha
answered on Jan 12, 2024

In Illinois, as in many states, unemployment benefits are typically available to individuals who are out of work through no fault of their own and who are ready, willing, and able to work. To collect unemployment benefits, claimants must also be actively seeking employment.

Maternity leave,...
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1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: I live in Illinois and work for a dealership, which I will not name. Every day at work the manager directly above me har

Harasses me constantly. He calls me anti gay slurs, I am hetero he insults my intelligence, every time I same anything he interrupts me and makes noises and stutters and such. I loved my job at one time .... Is there anything I can do??

T. Augustus Claus
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answered on Jan 11, 2024

If you're facing harassment and discrimination at your workplace in Illinois, there are steps you can take to address the issue. You may want to document instances of harassment, including dates, times, and details of what occurred. Check if your employer has a specific policy on reporting... View More

1 Answer | Asked in Education Law, Employment Law and Contracts for Illinois on
Q: I work in Cook county as a secondary teacher for a private school and want to break my contract.

I have health issues and was not informed that I would be teaching in a building with poor HVAC. Most days of the week I experience headaches and spend most of my free time recuperating. My contract requires a 3 month notice. I am looking for a position outside of teaching with a better work... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Jan 3, 2024

I'm sorry to hear about your situation. If you have a diagnosis from a doctor indicating a disability that contributes to your headaches, it's advisable to explore reasonable accommodation options with your employer. Under the Americans with Disabilities Act (ADA), employers are required... View More

Q: My wife got an explicate emails which turned out to be a guy at her place of employment. HR lady is married to owner....

My wife got a strange email few months ago from a guy. It was very strange so I responded by saying hi, who are you? He said he was someone who was very interested in my wife and went on to say a bunch of sexually explicit things in the conversation. He stated he was a "neighbor" and... View More

James L. Arrasmith
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answered on Nov 28, 2023

This situation, where your wife received explicit emails from a colleague, is concerning and should be addressed seriously. First, ensure that you have preserved all the emails, including those from the Gmail and company accounts. This evidence is crucial for any future actions.

Given the...
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1 Answer | Asked in Employment Law for Illinois on
Q: I received a "severance" offer after being terminated can I accept this severence and still collect unemployment?

Severence contains legalese so hard to see if they mention collecting unemployment as well. Can they legally say that I won't file if I sign this document? If they don't respond to IDES phone calls, will I not be able to get it? I know from past experience with other terminated employees... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Nov 21, 2023

Severance Pay and Illinois Unemployment Benefits

In most states, an employee can collect unemployment benefits only if it’s the employer’s fault you lost your job. For example, if your company can’t afford to pay you anymore or doesn’t like how you perform your job, the...
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2 Answers | Asked in Employment Law and Immigration Law for Illinois on
Q: I have a company that operate in IT consulting . When hiring h4 ead shuld I submit any forms with Labor or USCIS???

Planning to hire H4Ead candidate

James L. Arrasmith
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answered on Nov 18, 2023

When hiring an individual on an H-4 EAD (Employment Authorization Document), your company generally does not need to submit any forms to the Department of Labor or USCIS specifically for their employment. The H-4 EAD allows the holder to work for any employer in the United States without the need... View More

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2 Answers | Asked in Constitutional Law, Employment Law and Employment Discrimination for Illinois on
Q: I was told in March of 2023 I needed to provide proof i did not have a disability or that I did however I never requeste

I never requested special accommodations and was let go for failing to provide proof iwas not a harm to myself or others

Eva Zelson
Eva Zelson
answered on Nov 23, 2023

If no accommodation was requested and there is no safety issue implicated, your employer has no basis for requesting proof that a disability does or does not exist, which in itself is disability discrimination. Contact a disability discrimination lawyer to discuss the evidence in your case and to... View More

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2 Answers | Asked in Constitutional Law, Employment Law and Employment Discrimination for Illinois on
Q: I was told in March of 2023 I needed to provide proof i did not have a disability or that I did however I never requeste

I never requested special accommodations and was let go for failing to provide proof iwas not a harm to myself or others

James L. Arrasmith
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answered on Nov 15, 2023

Under the Americans with Disabilities Act (ADA), employers are prohibited from discriminating against employees based on real or perceived disabilities. This includes making unfounded requests for proof of a disability or lack thereof, especially if no accommodation has been requested. If you were... View More

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1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Illinois on
Q: wrongful termination based on race and religion

I was hired than a company for a period of time and the end of the 90 days period I got fired based on this wrongfully termination I got severed damaged financially mentally and emotionally through a lot of abused and harassment at the workplace my case right now at the federal court.

T. Augustus Claus
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answered on Nov 2, 2023

The law protects employees from being fired for their race, religion, age, gender, disability, or other protected characteristics.

To win a wrongful termination lawsuit, you must prove that your employer fired you for an illegal reason. You can do this by providing evidence of...
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1 Answer | Asked in Employment Law for Illinois on
Q: Can i get unemployment if i cannot mentally handle my job?

I had a spine straightening surgery in July, my dr has me working from home but my boss doesn’t want me to so he is being EXTREMELY difficult to the point that i’m now on anxiety meds and have to see a therapist. Ive been sick with anxiety for over a month. Can i get unemployment for mental... View More

James L. Arrasmith
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answered on Oct 28, 2023

In Illinois, you may qualify for unemployment benefits if you leave your job for "good cause." Medical conditions, including mental health issues, could be considered "good cause" if they prevent you from performing your job duties. If your doctor has advised you to work from... View More

2 Answers | Asked in Employment Law for Illinois on
Q: In IL, former employee was paid bonus but should not have been. Identified a month ago. Employee quit but owes money;

Can employer withhold final pay and accrued PTO to get some of the money back?

T. Augustus Claus
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answered on Oct 27, 2023

In Illinois, employers generally have limited rights to withhold final pay and accrued PTO from an employee, even if they owe the employer money. The Illinois Wage Payment and Collection Act prohibits deductions from an employee's final paycheck, including for overpayment of wages or bonuses,... View More

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2 Answers | Asked in Employment Law for Illinois on
Q: In IL, former employee was paid bonus but should not have been. Identified a month ago. Employee quit but owes money;

Can employer withhold final pay and accrued PTO to get some of the money back?

Cynthia Pietrucha
Cynthia Pietrucha
answered on Oct 27, 2023

Refer to IDOL's Deductions From Pay FAQ

https://labor.illinois.gov/faqs/deductions-from-pay-faq.html

FAQ #6 states:

6. Can an employer make deductions from my pay for overpayments made to me?

When an employee agrees an overpayment has been made the entire sum...
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2 Answers | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Illinois on
Q: i have police and the court house retailaiting against me and are human traficking what do i do

i cannotnget anyone to represent me and they took my chid and the courts are allowing them they wont even listen to me

James L. Arrasmith
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answered on Oct 15, 2023

If you believe that you are facing retaliation or human trafficking by law enforcement or the court system, it's essential to take immediate steps to protect your rights and your child's well-being.

Seek Legal Representation: Even if you have had difficulty finding an attorney,...
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1 Answer | Asked in Employment Law, Tax Law, Banking and Securities Law for Illinois on
Q: I got stock as bonus, but the stock price dropped. Now I owe tax on original amount but the stock isn't worth to cover.

I received stock in the form of RSU, but at the time it was over $100 a share higher than it is now. Now I'm being taxed off of the original stock amount since it is looked at as a "cash bonus", but even selling the stock I can't raise the capital needed to cover that tax... View More

James L. Arrasmith
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answered on Sep 14, 2023

The taxation of RSUs can be complex, and it's unfortunate that the stock's value has dropped significantly. You're correct that capital losses can often be used to offset capital gains, but there may be limitations on the amount you can deduct in a given tax year. I recommend... View More

2 Answers | Asked in Employment Law and Insurance Bad Faith for Illinois on
Q: How can Uber not be held responsible?

While Uber driving my husband got shot at we have 4bullet holes in car 2in muffler one in back driver door and one that went through the trunk which we found embedded in back of back seat and they tell us to get a quote we send in and now they saying he went offline yeah he wasnt really worried... View More

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answered on Aug 29, 2023

Not an intellectual property question -- but Uber's liability in situations like this often hinges on whether the incident can be considered part of the "course and scope" of employment, a concept used to determine employer liability for actions of its workers. If Uber argues that... View More

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