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Illinois Employment Law Questions & Answers
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

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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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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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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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

John Michael Frick
John Michael Frick
answered on Sep 3, 2023

I have a difficult time understanding why Uber would be responsible. I presume the shooter(s) weren’t Uber employees acting in the course and scope of their employment. I think the shooter(s) are most likely legally responsible for the damage to the motor vehicle and that such damage is most... View More

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1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Illinois on
Q: Can I sue my employer after developing chronic degenerative orthopedic diagnosis that was likely caused by my job?

I, 33 year old female, was recently diagnosed with lower lumbar facet arthrosis. I was told by my chiropractor that this typically isn't seen in patients my age, this is something that occurs in older patients. I have been working at a factory for over 12 years and believe this diagnosis was... View More

Charles Candiano
Charles Candiano
answered on Aug 16, 2023

First of all, when you are injured at work, you can never sue your employer. Your sole remedy is to file a claim with the Illinois Worker's Compensation Commission. To succeed in a Worker's Compensation claim, it is essential that you provide a sound causation opinion from a credible... View More

1 Answer | Asked in Employment Law for Illinois on
Q: Can an employer require me to attend meetings on my day off?

I am an exempt, salaried restaurant manager in Illinois. More and more we are being required to attend video meetings on our days off. I spent 3 hours of my last day off on video conferences. Is the employer allowed to mandate this on days off without compensatory time? Do they just own me... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

Federal and state laws require employers to compensate employees for time employed. "Employed" includes time you are permitted, allowed or required to work. "Suffered to work" is another phrase used. If these are "required" meetings, then the employer is obligated to... View More

2 Answers | Asked in Employment Law for Illinois on
Q: At my work the boss installed a camera with audio recording I live in Illinois

Not one of the workers in the office new about this. He went as far as to tape over the lights so you could not see them. When confronted about this he said he did not know where it came from. He said maybe the fire department snuck across while we were gone and installed it. He later admitted he... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Jul 28, 2023

At your Illinois workplace, your employer can install video cameras and secretly videotape you as long as it's vital to the company’s operations. If confronted, the *employer can say the reason for the video surveillance was more important and vital to business operations than the... View More

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2 Answers | Asked in Employment Law for Illinois on
Q: At my work the boss installed a camera with audio recording I live in Illinois

Not one of the workers in the office new about this. He went as far as to tape over the lights so you could not see them. When confronted about this he said he did not know where it came from. He said maybe the fire department snuck across while we were gone and installed it. He later admitted he... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Jul 28, 2023

My answer - NOT legal advice: This answer might surprise you, but this is okay to do in Illinois. In one of my Illinois jobs, I found out my boss was secretly listening to my telephone calls. Shady but not illegal. Telephone and video monitoring (and email monitoring) in Illinois workplaces is... View More

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1 Answer | Asked in Employment Law for Illinois on
Q: My employeer makes us stay 3 minutes after our scheduled time with no extra pay I am just wondering the legality

I work in a call center for a Credit Union and they require the closers to stay 3 extra minutes after our shift is over with no extra pay as it doesn't round up the time clock. Previous to this I worked for a casino and I heard of a casino out in vegas getting sued for making their employees... View More

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answered on Jul 21, 2023

According to the Fair Labor Standards Act (FLSA), employers must compensate employees for all hours worked, including any time spent working beyond their scheduled shift.

If your employer is requiring you to stay an extra three minutes after your scheduled shift without paying you for that...
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1 Answer | Asked in Employment Law for Illinois on
Q: I am a minor working with a sex offender, are they required to inform me? is my employer required to inform me?

I have been working at a gas station for a few months, not knowing one of my coworkers is a registered sex offender. My employer knows he is a sex offender yet has not taken action to inform me.

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answered on Jul 11, 2023

There is no specific law that requires an employer to inform employees if one of their coworkers is a registered sex offender. On the other hand, registered sex offenders are typically subject to certain restrictions and requirements, which may include limitations on their proximity to certain... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Is it hard to win a wrongful termination case?

Quick run down, I have been working for the company for over 20 years I am 65 years old . I received a letter that I was terminated with no explantion as of why I was terminated. I have an idea its based off my age and my seniority with the company. I feel like they terminating me because of my age... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Jun 2, 2023

I'm sorry to hear you lost your job after such long tenure. The honest answer is Yes it's hard to win a wrongful termination case, and if you sue, it could take years for a resolution. The burden of proof is on you to show direct and indirect evidence that your age was the factor that... View More

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