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Illinois Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Illinois on
Q: When to give resignation notice to avoid signing bonus clawback.

I received a $15K signing bonus for a new job last year. I signed an contract agreeing to pay back the bonus if I voluntarily leave within 12 months from date of hire.

I started Oct 11 2021. I accepted a new job offer and would like join on Oct 17th. If I give my two week notice stating my... Read more »

James G. Ahlberg
James G. Ahlberg
answered on Sep 22, 2022

It would be best to wait until October 12 to give notice to eliminate the potential claim that you must pay back the bonus. Think of it as being paid $15,000 to work those extra few days.

2 Answers | Asked in Business Formation, Employment Law and Social Security for Illinois on
Q: Can i form an llc for my future box truck business while receiving benefits?

am currently 33yrs old.

Three years ago I was driving semi trucks . Stopped due to multiple surgeries (non-work-related).

Currently on Government Benefits.

Temporary Social security disability

Now present time.

Im close to being fully recuperated so its... Read more »

T. J. Jesky
T. J. Jesky
answered on Sep 11, 2022

The short answer is: Yes. Go ahead and form the LLC. Let it sit until you are ready to make use of it. Unless there is something you have not disclosed, I don't see how forming a LLC will affect your benefits. However, once income starts flowing through your LLC, it may or may not affect... Read more »

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1 Answer | Asked in Employment Law for Illinois on
Q: Company in IA, live in IL, IL EIN used for taxes, am I covered by IL statutes or IA statutes for non-compete laws?

I work remotely from home and have for 2.5 years, I'm listed as a remote employee so all work is completed from IL. My noncompete would be invalid due to 2022 statute changes in IL and I need to know if I am covered by this. I've reported abuse from management for years, and have hit the... Read more »

Nicholas James Crawford
Nicholas James Crawford
answered on Sep 9, 2022

Most likely you would be subject to Illinois law because the employer would have to bring suit against you in Illinois as you live here in Illinois. If the court is interpreting the contract under Illinois law then you would be included in whatever 2022 laws are applicable to your contract.... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Q: Can a company fire me within my 2 week notice while I'm on ADA?

I've been with the company almost 10 years but management has been getting worse and I feel like they are pushing me out. I also feel like the fact I'm on ADA for a medical disorder I have isn't helping with how they treat me.

Nicholas James Crawford
Nicholas James Crawford
answered on Sep 6, 2022

The American's with Disabilities Act requires that your company make reasonable accommodations for your disability and that the company can not discriminate against you because of your disability. If you already have an ADA accommodation request with your employer, it would be very suspicious... Read more »

1 Answer | Asked in Contracts and Employment Law for Illinois on
Q: I am a remote worker in IL. I have been offered a buyout with offering have of my PTO being paid out. 3 wks vs 6 wks.

I have to make a decision and if I take the buyout; with my tenor, they will only payout 120 hours instead of the 238 hours that I have accrued. Looking at IL Sec. 300.520, I think I should be paid the full amount but the legal language is tripping me up. Which trumps what? The severance agreement... Read more »

Nicholas James Crawford
Nicholas James Crawford
answered on Sep 1, 2022

Your employer is required to payout all earned (accrued and unused) vacation time. Depending on your companies PTO policy, your balance may include both a vacation and some sort of sick time. However, the amount they pay out can not be some sort of arbitrary amount. A company can not maintain... Read more »

1 Answer | Asked in Employment Law and Health Care Law for Illinois on
Q: Is there a place where I can file for monetary support while, I am unable to work while I am sick with covid .
Tim Akpinar
Tim Akpinar
answered on Jul 30, 2022

An Illinois attorney could advise best, but your question remains open for two weeks. It could depend on your work situation, disability situation, financial eligibility for programs, and other possible factors. Employment law and disability law attorneys might have better insight into this - you... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Is there a law holding a company Liable for poaching or stealing another companies employees by spreading lies
James G. Ahlberg
James G. Ahlberg
answered on Jul 6, 2022

The answer depends on the exact circumstances. Several possibilities suggest themselves. One is that the offender may be engaging in the tort (a civil wrong creating liability) of slandering the business reputation of the victim company. Another is that the offender may be engaging in the tort of... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: I don’t know if it’s worth it my finger ring finger got smashed at work broken tip I had surgery and pins put in thank

Pins are currently out hand swollen

Charles Candiano
Charles Candiano
answered on Jun 15, 2022

I don't know what question you're asking. If you are asking whether it is "worth" hiring an attorney, the answer is always yes in Illinois Worker's Compensation claims. You hire the attorney on a contingent fee basis which means that you pay nothing until the claim is... Read more »

1 Answer | Asked in Employment Law and Immigration Law for Illinois on
Q: I am currently a full time employee at Amazon so is there is a way to get a green card through the employer?
Kevin L Dixler
Kevin L Dixler
answered on May 19, 2022

It depends. Often, not.

In general, you must be lawfully present in the U.S. in order to become a green card holder. If you have been sponsored and approved for an H1-b visa, then Amazon may only need you on a temporary basis, but this is unclear. If you were approved for a USCIS...
Read more »

2 Answers | Asked in Employment Law and Workers' Compensation for Illinois on
Q: If i worked for company A and was injured at company B, if company A covers my workmans comp claim can i still sue B

I was not working or being paid by company A(or B) while at company B. I was injured at company B while performing an action at the behest of an employee at company B. Company A and B are affiliated.

Charles Candiano
Charles Candiano
answered on May 12, 2022

You posted this under Illinois Worker's Compensation law but you clearly state that you are not an employee of either company A nor company B. The Illinois Worker's Compensation act only applies to injuries that are sustained in the course and scope of one's employment. And injury... Read more »

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1 Answer | Asked in Employment Law for Illinois on
Q: Six of our IT group calling in sick one day protected by law or can we be fired for this?

I work in the IT department of a large law firm, I'd like to know if 6 of us call out sick to send our company a message is protected by law or could we be fired for this? We are critical employees and are required to be on-site everyday while most of the company gets a new hybrid work benefit... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 9, 2022

Because you have assembled a group of IT employees that work together in the same department, a department that you say is critically needed, it is highly unlikely that the law firm management will terminate all of you at the same time. It is much more likely that they will identify the leader(s)... Read more »

2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Illinois on
Q: How can I sue my job for mental distress? I asked 3 law firms and they all denied me. They never asked for proof for

anything. They were both Personal injury and employment law firms. What can I do to get what I deserve.

James G. Ahlberg
James G. Ahlberg
answered on Apr 29, 2022

You need to talk to a workers' compensation lawyer.

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1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Illinois on
Q: I was hurt at work ended up with carpal tunnel, then fell and hit my head. Also feel intimidated by my Boss as well

After hurting my hand and having carpal tunnel surgery I was in the enterance of the store were I dont really know what happen next I was on the floor with my head bleeding all I was doing was helping a customer get out the door, the door did not open and is still broken to this day. Was taken to... Read more »

Charles Candiano
Charles Candiano
answered on Apr 27, 2022

I am not addressing the friction with your supervisor. If you wish to address that, you should speak with someone who concentrates on employment law.

I am addressing your work injuries. You do not tell us how you injured your hand. From your description, I will assume that it was a single...
Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Can my employer switch me from salary to hourly without notification, change in job description, or documentation?

I signed a contract in July 2021 stating my employment and salary and my position of Office Manager. The company went through some financial hardship and the owner stopped paying us regularly. When asked about pay, the owners would never directly answer the situation. Eventually, without... Read more »

James G. Ahlberg
James G. Ahlberg
answered on Apr 8, 2022

The non-payment of wages when due is not legal. Go to the website for the Illinois Department of Labor and file a complaint for unpaid wages. It is a very user-friendly website. As for the reduction in pay, your best option is to bring your contract to a lawyer practicing in the field of... Read more »

2 Answers | Asked in Personal Injury, Employment Law and Civil Litigation for Illinois on
Q: Illinois removal from federal court

I am a plaintiff in a case in which the defendant removed the case from state to federal court. It has now been remanded back to state court. Defendants filed a motion to dismiss in fed court which wasnt resolved. Defendants are now seeking to dismiss case in state court based upon the motion to... Read more »

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Feb 26, 2022

I believe that once the federal court is divested of jurisdiction and thus any authority over the pending case, that the motion to dismiss filed in federal court would have to be filed in the state proceeding to heard. That seems to be the case where although the motion to dismiss was filed in the... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Q: I'm being told that because I no longer work there they don't have to pay me my vacation or personal time off ?

I worked there for 3 years an give 2 weeks notice of taken a new job

James G. Ahlberg
James G. Ahlberg
answered on Jan 25, 2022

If your employer is located within the State of Illinois, he is required to pay you the proportion of your vacation which you've earned when you leave the job. For example, if your employer provided two weeks of vacation per year and you worked half the year before leaving, he must pay you for... Read more »

1 Answer | Asked in Domestic Violence and Employment Law for Illinois on
Q: I work at a domestic violence shelter. I have a coworker who has been giving me the silent treatment for months which

Is a form of abuse yet my employer does nothing

Carrie Dyer
Carrie Dyer
answered on Jan 5, 2022

More information is needed to answer your question. Is your coworker singling you out and giving you the silent treatment due to your status in a protected class (race, religion, age, etc)? If not, and the reason for giving you the silent treatment is merely a personality conflict, your employer is... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Does a company have to pay a bonus you have earned if you leave the company?

My husband has earned a large bonus this year. He has received 3 small payments, and the bulk is to be distributed in February 2022. The contract says that the employee must be employed by the company at the end of the year to receive the last payment. My husband has already secured a new job that... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 7, 2021

If the bonus contract requires your husband to be employed through 2021 to earn the bonus, then it can be denied if he doesn't work through the end of the year. If his new employer is flexible on his start date, you may want to see if his start date can be pushed back to still allow him to... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Is it mandatory by Illinois law to take an unpaid meal break?

I deliver packages and I get paid hourly 12pm to around 8pm. Usually I don’t take a break so I can finish earlier as it takes longer delivering in the dark. My employer says that I must take a mandatory unpaid meal break and he states that if I continue to not take one I will be terminated... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 22, 2021

Your employer has a valid point: you have to take a break pursuant to the state labor and employment laws because if you do not (for any reason) that the employer may be accused (even by you) of violations of the state employment law, not to mention civil liability stemming from that violation.

1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Employment Discrimination for Illinois on
Q: Hello. I believe that I have solid discrimination case against my employer. I would like to get a legal perspective.

I believe that I am being wrongfully discharged and I need legal advice. My doctor’s recommendation against my taking vaccinations due to previous medical reactions were rejected by my employer. I also have religious beliefs that do not support my taking the vaccines. My employer fraudulently... Read more »

Charles Candiano
Charles Candiano
answered on Nov 15, 2021

Sorry, but it is a slam-dunk loser. Every court that has addressed compulsory vaccination has found that it was merited. If your children are not vaccinated (against childhood diseases), they CANNOT attend public school. Why should you have an additional opportunity to become infected and to... Read more »

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