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Illinois Employment Law Questions & Answers
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 »

Carrie Dyer
Carrie Dyer answered on Mar 31, 2021

More information is needed to explore your situation, but this certainly sounds like it could be an unlawful practice. You should consult an employment law attorney in your area to discuss.

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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 »

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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 »

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: My employer didn’t let my return back to work after maternity leave unless I agree to their terms .

I left for maternity leave on 12/16/2020 my return date was supposed to be March 9,2021 my employer didn’t let me return to work unless I agree to their terms. I lost a week of pay because they postpone my return date. My hours also change . Can I sue ?

Rhiannon Herbert
Rhiannon Herbert answered on Mar 17, 2021

The answer to this question will depend on how you took maternity leave. If you took leave under the Family and Medical Leave Act (FMLA), then upon returning to work, you are required to be returned to your same or a substantially similar position.

1 Answer | Asked in Consumer Law, Employment Law, Constitutional Law and Employment Discrimination for Illinois on
Q: Hello. I haven't received my rise due Dec 2020. Also construction going on was sent home without pay. Miriam

I was FT now PT due to coronavirus Manager cut my hours to 60. I tried unemployment. I was denied because Manager gave me 21 hours a week since pandemic should've have been 20 or less a week. Also I get no Holiday pay when I worked FT. I had to use my vacation time for Holidays to get paid.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 26, 2021

as to unemployment, some changes are being made so that federal benefits may be applied for.

1 Answer | Asked in Employment Law for Illinois on
Q: With Biden's new executive order, may I keep my unemployment benefits if I quit my job due to fear & medical reason?

I do not feel safe returning due to the nature of my job (janitorial) at a very large bar/restaurant (who has remained open) , and mostly due to my medical condition (asthma), I have a mother who is severely immounocomprised I live with/ I also think that the job in general is so physically... Read more »

Cynthia Pietrucha
Cynthia Pietrucha answered on Feb 12, 2021

Here are some IDES FAQ you may find helpful:

3/16/2020 COVID-19 and Unemployment Benefits - IDES

https://www2.illinois.gov/ides/Pages/COVID-19-and-Unemployment-Benefits.aspx 2/3

What if I‘m temporarily laid off because the place where I work is temporarily closed because...
Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: Would someone loose a lawsuit or not be able to file if they where given choice to resign or retire or be fired

Question had little room to give exclamation. But what I mean is for name sake let’s say Donna works a job. Donnas boss Scott (again for name sake not a real name) gives her three options. Let’s say Donna is retirement aged. So Scott says to make a long conversation short. Donna you can resign,... Read more »

Carrie Dyer
Carrie Dyer answered on Feb 10, 2021

Generally speaking, in order to prove she was unlawfully terminated in your scenario, Donna would need to prove (among other things), that she suffered an adverse job action. Donna could claim she was constructively discharged if she was forced to resign or retire, in lieu of termination to meet... Read more »

2 Answers | Asked in Employment Law, Family Law and Immigration Law for Illinois on
Q: Can I have an appointment with a free immigration lawyer that also handles employment and family issues?
Adan Vega
Adan Vega answered on Feb 2, 2021

You can reach out to any of the immigration attorneys who respond to questions in the JUSTIA Ask a Lawyer platform and ask if they can accommodate your request.

Good luck to you.

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1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Illinois on
Q: Belleville, Il. 62221 of St. Clair County. Question: Will get paid comp from missing 4 days of work (Covid 19)

In regards to being paid by worker's comp.

Charles Candiano
Charles Candiano answered on Jan 24, 2021

If you contracted Covid-19 as a front-line worker, you enjoy a rebuttable presumption that it was work-related. Once that is proven, it is the same as any other Workers' Compensation claim. In Illinois, an injured worker is not compensated for the first three days that they must be off work... Read more »

1 Answer | Asked in Contracts, Employment Law and Employment Discrimination for Illinois on
Q: I don't feel satisfied with my report. I dont feel like I'm receiving help at all. Help?

After making countless reports of harassment due to my ethnicity, witnessing them harass other coworkers. Submitting and complaining with no answers, follow ups, and/or replies. I don't feel like my issues are being followed up. I witness in the past of the middle-man, of my contract, not... Read more »

Carrie Dyer
Carrie Dyer answered on Jan 13, 2021

To whom did you make the initial complaints? If you have not done so already, you should put your complaints of harassments due to your ethnicity in writing to the Human Resources department. If you have already done so, you should request, in writing, a follow-up on the investigation into your... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: I got terminated for an "unplanned" absence even though i email my agent that i was sick and couldnt go to work.

He informed me that it was okay and to get better. According to them an "unplanned" absence is an absent that wasnt excused. With that 7 hour time gap i never got contacted again via email nor a phone call stating otherwise. I dont know if that's just life being unfair. I have... Read more »

Carrie Dyer
Carrie Dyer answered on Dec 30, 2020

There is likely nothing you can do if your employer applied its attendance policy uniformly. However, you should contact an employment attorney in your area to discuss the circumstances surrounding your complaint of discrimination, including when the complaint was made, to whom, the content, and... Read more »

1 Answer | Asked in Employment Law and Appeals / Appellate Law for Illinois on
Q: Illinois supreme appellate court decision: mandate - appeal dismissed what does this mean in a civil case?

Case of unemployment in chicago

Tim Akpinar
Tim Akpinar answered on Dec 14, 2020

An Illinois attorney could advise best on this, but you await a response for four weeks. As a GENERAL matter, dismissed means thrown out by a court. Also as a GENERAL matter, dismissals can be with prejudice, without prejudice, subject to being vacated, etc. But you need more than just GENERAL... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: What all can an employer legally disclose to a 3rd party in my personnel file?

Employers are not supposed to disclose disciplinary issues or letters upon request of personnel files, none of which I was ever officially given in the first place. However my termination letter includes multiple reasons for my termination that had been compiled after they decided to terminate my... Read more »

Cynthia Pietrucha
Cynthia Pietrucha answered on Dec 11, 2020

In Illinois, the governing law for personnel records is:

820 ILCS 40. This Act may be cited as the Personnel Record Review Act.

(Source: P.A. 86-1324.)

See the law and how you can file a complaint about violations here:...
Read more »

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.

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