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Illinois Employment Law Questions & Answers
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 »

1 Answer | Asked in Employment Law for Illinois on
Q: Can I get another job while on administrative paid leave?

I'm currently on administrative paid leave due to my pre-existing health condition that prevents me from wearing a mask

(mask wearing policy is new due to covid pandemic) and I can not work from home to do my job as a warehouse receiver. Can I get another job while on admin leave? Can... Read more »

Kyle Anderson
Kyle Anderson answered on Jul 22, 2020

Hi, do you have any employment contract or agreement that you signed? Sometimes employers have non-compete provisions in those agreements that would subject you to litigation if you accepted another job and were in violation of it. Otherwise, generally speaking there is no law precluding you from... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: I work for a company in OH. My home office is in IL. I've worked there for 1 year. Am I covered under the 2 year rule

Regarding a non compete.

Kyle Anderson
Kyle Anderson answered on Jul 8, 2020

Hi. In Ohio, there isn't necessarily a "rule" regarding how long a non-compete can be enforced. It is a matter of how the non-compete provision you signed is written. More facts are needed to analyze your situation. I would recommend reaching out to an employment law attorney in your... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: How can I stop my employer from tip pooling?

We were all brought back to the restaurant for outside sitting. They have recieved the PPP and are paying everyone $10 plus tips are being pooled now. Prior to covid, the busses and runners were tipped a percentage. Now they are getting equal shares based on hours. Basically, the kids got a pay... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Jun 17, 2020

Under the Fair Labor Standards Act, tip pools are permissible as long as tips are only being pooled between people who would ordinarily receive tips or contribute to the customer's tip. This includes servers and bartenders as well as bussers and runners. As long as you do NOT have to pool tips... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Civil Rights for Illinois on
Q: I work in the restaurant industry. My boss has been extremely rude and vulgar to myself and my coworkers.

He has had some of my coworkers clean black mold, deep clean carpets for hours on end, worked construction within the restaurant in front of us. He drinks to the point where he is drunk and yells and screams at us consistently. Tonight he yelled at me for refusing to do another’s job when I was... Read more »

Raul Jauregui
Raul Jauregui answered on Jun 12, 2020

I'm very sorry to learn of your allegations and wish you good health. This is a matter that probably not just affects you but also your fellow employees. If this was happening in Pennsylvania, where I practice, I would immediately suggest that the employees band together with their... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: For the past two months or so I’ve not been payed my proper commission from Pepsi Mid America. I don’t know what to do.

They have told me they needed time to get to the bottom of this issue, but as I stated before it’s been roughly two months. I have a wedding soon and frankly I don’t have two months to be missing close to 500 on every paycheck. My base pay is 550 before taxes a week and my area sales manager... Read more »

Carrie Dyer
Carrie Dyer answered on Jun 11, 2020

More information is necessary to analyze your situation. Do you have an employment agreement that includes your base pay and commission structure? You should contact an employment attorney in your area to discuss this issue. An attorney can assist with communicating with your employer to ensure... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: A friend of mine has been scheduled for 42 hours of work over six consecutive days. Is he qualified for overtime pay?

These hours are specifically not spread over the same scheduled "work-week" -- his bosses have been careful to schedule each work-week so that he never accrues more than 40 hours per pay period.

James G. Ahlberg
James G. Ahlberg answered on Jun 9, 2020

No. Overtime is due after 40 hours of work in the same work week.

1 Answer | Asked in Employment Law for Illinois on
Q: Can my employer force mandatory overtime for over a month straight?

i work in illionis and i am aware of the One and seven days Act. i have been working everyday since may 4th.

with the exception of May 24 and May 25 (memorial day and we got the sunday before because the Union got those days off and there was no production for maintenance to cover) at... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jun 8, 2020

This is a tough question without more information than you provide. The One Day Rest in Seven Act does not apply to certain employees, including, "Employees needed in case of breakdown of machinery or equipment or other

emergency requiring the immediate services of experienced and...
Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: is it legal for my former employer to deny a copy of a contract if I request one?

I'm located in Illinois. I'd like to review the non-compete agreement in a consultation I but I do not have my own copy. The employer is unhappy with how I left the company and threatened to enforce the agreement. I want to know if they can deny me a copy which I suspect they might if I request it.

Cynthia Rote
Cynthia Rote answered on Jun 5, 2020

If your employment with the company was within the last year the employer must permit you to inspect your personnel documents upon your written request. The inspection right includes contractual agreements you had with your employer. Pursuant to the Illinois Personnel Record Review Act that... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Can a salaried employee in Chicago be asked/required to work more than 40 hours a week and not be compensated?

Me and my coworker were just made salary. Ever since, we've been asked to work 6 days a week which is more than 40 hours a week with no additional pay beyond the 40 hours. Other than this to stay within 40 hours we are also being asked to work five and a half days a week which will leave us... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on May 27, 2020

Under the Fair Labor Standards Act, employees who are paid a salary may be required to work more than 40 hours per week without additional pay, but there are rules regarding whether an employee can be classified as a salary employee in the first place. Whether your position meets these rules will... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Can a Company make you where a work uniform and then make you work 8 hours clock out in your uniform and then change.

Work at a bakery

Maurice Mandel II
Maurice Mandel II answered on May 21, 2020

This question concerns the "donning and doffing" rule. When the uniform or other special equipment is worn for the convenience of the employer, the time to put it on and take it off is ON THE CLOCK. This could be under either your state's law or under the FLSA.

Keep track...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: I work as a dental hygienist in Illinois. I get paid on commission. (what I produce Minus any deductions)

That Dr will subtract any discounts he gives to patients also. I am required to attend office meetings and training, but was told I will not get paid. He said, "I can not make you come, but if you don't you should look for another job." I am also required to make phone calls and... Read more »

Kyle Anderson
Kyle Anderson answered on May 20, 2020

Are you working more than 40 hours per week when you combine the patients you see, the meetings/trainings, and the phone calls to confirm appointments? If you are, there may be an overtime violation here. Employers can only apply an overtime exemption to an employee it pays exclusively by... Read more »

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