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1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Q: After 7 years I was transferred to a shift I can't work because daycares are not open. If I quit, can I get unemployment

I and my labor union have put in transfer request but they have not been honored. I have been out of work for 5 months now because they won't accommodate me. (I am in Chicago)

Cynthia Pietrucha
Cynthia Pietrucha
answered on May 14, 2024

Great question. The 1985 case I copied/pasted below should help you understand your rights to unemployment benefits when you have to quit because your employer changes your shift:

ISSUE/DIGEST CODE Voluntary Leaving/ VL 50.05

DOCKET/DATE ABR-83-12308/8-9-85

AUTHORITY...
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1 Answer | Asked in Consumer Law for Illinois on
Q: A landscaper is requesting payment for work they screwed up. What should I do?

From 2020- 2022 we had a landscaping company do a variety of work on our house. They regraded our yard, repaired our tennis court and performed standard maintenance. The problem is that everything they did was wrong. The tennis court still has cracks throughout and the yard floods every time it... View More

Charles Candiano
Charles Candiano
answered on May 10, 2024

This never happened. That is what a judge will tell you. To have an enforceable contract, you secure a bid/quote on SPECIFIC WORK, how it is to be done, when it is to be done, who is responsible for the work permits, what it will cost, and how long it is guaranteed.

You need to provide...
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2 Answers | Asked in Tax Law and Juvenile Law for Illinois on
Q: I was I n Danville IL I stoped to make a call a friend left his keys in my truck I left to take him his keys I noticed

I noticed a city cop behind me dropped off keys cop got behind me again folled me north 12miles to Bismarck IL I turned west went 3 miles torount 1 turned north he got behind me again no lights on the hole time 4 miles from Roseville he turned on lights I stoped he said I had a hitch pin in... View More

James L. Arrasmith
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answered on May 9, 2024

Based on the information provided, it seems the police officer pulled you over for an obstructed license plate due to a hitch pin. The legality of the stop depends on the specific laws in Illinois regarding license plate visibility.

In Illinois, the law (625 ILCS 5/3-413) states that...
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1 Answer | Asked in Employment Law for Illinois on
Q: Can I sue my employer for dismissal based on false information?

My employer is planning to restructure our group, which will involve reallocating my team to other areas and eliminating my position. I have a copy of a draft letter from my manager to Human Resources that uses inaccurate information to justify these changes.

Michael I. Leonard
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answered on May 8, 2024

The mere fact that the information underlying the restructuring or RIF is inaccurate does not, by itself, create a legal claim for you. You would need to demonstrate that the restructuring was done in a discriminatory manner. So, the false information might still be relevant to a potential... View More

2 Answers | Asked in Business Law and International Law for Illinois on
Q: Can a US citizen get into trouble for selling pesticides to Canadian customers online if pesticide imports are illegal?

If Canadian laws ban importation and the sell of certain pesticides can a US citizen get in trouble for selling them to Canadian customers?

Michael I. Leonard
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answered on May 4, 2024

Obviously, Canadian authorities could attempt to criminally charge someone for engaging in that type of conduct - assuming of course that it is illegal under its laws. In addition, depending on the facts and circumstances, that same conduct could possibly subject someone to prosecution in the... View More

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2 Answers | Asked in Business Law and International Law for Illinois on
Q: Can a US citizen get into trouble for selling pesticides to Canadian customers online if pesticide imports are illegal?

If Canadian laws ban importation and the sell of certain pesticides can a US citizen get in trouble for selling them to Canadian customers?

James L. Arrasmith
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answered on May 8, 2024

Yes, a U.S. citizen could potentially face legal consequences for knowingly selling and shipping pesticides to Canada that are banned or restricted there, even if the sale originated in the U.S.

A few key points:

- Canada has its own regulations on allowable pesticides that may...
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1 Answer | Asked in Criminal Law for Illinois on
Q: Do I have to be read my miranda rights if I was questioned raided and arrested in illinois?
Michael I. Leonard
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answered on May 4, 2024

Merely being questioned does not trigger the obligation of law enforcement to read you your Miranda rights. However, based upon what you have generally described, at some point during those various events, your Miranda rights should have been provided to you. I would of course need to know much... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Q: I made a complaint with employer about race discrimination and they say I’m just making an excuse! Should I go to eeoc?

I’ve went to my employer about being racially discriminated and harassed. After that they pull the only other person of my race in the office. They ask him if he feels discriminated against he tells them no. At the end of the conversation my branch manager tells the other guy that he feels like... View More

Michael I. Leonard
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answered on May 2, 2024

You can always file a Charge of Discrimination with either or both the Illinois Department of Human Rights or the Federal Equal Employment Opportunity Commission. However, keep in mind that, in general, you need to be able to show that you have suffered an "adverse employment" action.... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: I was watching the police video of Dexter Reed incident? Why were their plain clothed officers for a seatbelt violation?

Just like every other normal citizen I don’t have access to all the footage to make a determination of what exactly went down. But in the clip I saw a plain clothed officer point a gun and say get out of the car not announcing he was police at that point. Does that pose a threat to Dexter to... View More

Michael I. Leonard
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answered on May 2, 2024

Really good questions and insight. Clearly, members of law enforcement can be either in uniform or plain clothes, and of course may make, or participate in traffic stops. They need to announce their office, otherwise it is true that the individual may not even know or realize the individual or... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: Hi, recently arrested for trespassing into empty storage units. Nothing stolen, have no criminal record.

Officers charged me with Attempted burglary, possession of burglary tools, and criminal damage to property; because of broken lock. These serious felonies? What "typical" outcome? Thank you

Michael I. Leonard
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answered on May 2, 2024

There is no "typical" outcome. There are many possibilities based upon the individual facts of your case; the laws under which you have been charged; your own criminal history (or lack of it); and the prosecutor and jurisdiction you are in. Quite often, pleas of guilty are negotiated... View More

1 Answer | Asked in Civil Litigation for Illinois on
Q: Can judges create their own laws out of thin air?

What statute, precedent, or lawful means allows a judge in a Conversion of Property lawsuit to limit Plaintiff’s claim to only one day, with six additional restrictions?

The Judge has ordered that only the following items are allowed in the litigation:

(1) Items that were... View More

John Michael Frick
John Michael Frick
answered on May 2, 2024

Typically, in a lawsuit, there is a process called discovery in which the parties are required to disclose information, answer written questions, produce documents, and give depositions concerning the facts and contentions in a case. A party who does not comply with her discovery obligations... View More

1 Answer | Asked in Appeals / Appellate Law and Constitutional Law for Illinois on
Q: Are conditions of conditional release exempt from the illinois and united states constitution,even if the order is civil
James L. Arrasmith
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answered on May 1, 2024

Conditions of conditional release, even if they are part of a civil order, are not exempt from the requirements and protections offered by the Illinois and United States Constitutions. Every individual is entitled to certain constitutional rights that cannot be overridden simply by the nature of... View More

2 Answers | Asked in Bankruptcy for Illinois on
Q: I need a bankruptcy lawyer credit card company going after me for5.93835 I don't have a job
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 28, 2024

It's a good thing that you don't get sucked in by the recurring "debt consolidation" ads that pop up in everyone's feed, on phones, pcs, etc;, but your question doesn't say much.

While a bankruptcy discharge is unique (no "debt consolidator can offer...
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2 Answers | Asked in Bankruptcy for Illinois on
Q: I need a bankruptcy lawyer credit card company going after me for5.93835 I don't have a job
James L. Arrasmith
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answered on May 1, 2024

If you're facing financial challenges and a credit card company is pursuing you for debt, seeking the assistance of a bankruptcy attorney can be a wise step. Bankruptcy lawyers are trained to help individuals navigate the complexities of financial distress and can provide guidance on whether... View More

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1 Answer | Asked in Estate Planning and Tax Law for Illinois on
Q: If a property is willed between 4 people and only one person is paying property taxes can that person take ownership
James L. Arrasmith
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answered on Apr 26, 2024

No, the person paying the property taxes alone cannot automatically take ownership of the property simply because they are the only one paying taxes. Here's why:

1. Legal ownership: The ownership of the property is determined by the will, not by who pays the property taxes. If the...
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1 Answer | Asked in Copyright and Intellectual Property for Illinois on
Q: If information is obtained from ChatGPT then put into a toolkit that is published to the public, is that plagiarism?

A toolkit was created using ChatGPT and the toolkit will be released to the public. I'm wondering if that is considered plagiarism.

James L. Arrasmith
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answered on Apr 25, 2024

The situation you've described is a complex one without a clear-cut answer, as the intellectual property considerations around AI-generated content are still being debated and the legal landscape is evolving. Here are a few key points to consider:

1. Plagiarism typically involves...
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2 Answers | Asked in Car Accidents for Illinois on
Q: The lady nxt door scratch bumper of my brand new car I want her to pay for the damage
Charles Candiano
Charles Candiano
answered on May 10, 2024

Unless your neighbor has an ASSIGNED parking spot adjacent to the scratch; you have surveillance video of your neighbor scratching the car; an eyewitness saw your neighbor scratch the bumper; or your neighbor admitted scratching the car (in a text, email, in front of a witness, or on video); AND... View More

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1 Answer | Asked in Banking for Illinois on
Q: It’s it wrongful repossession if I call the 4 days ahead and told them I lost my job I would like to voluntary repo

After the conversation the non voluntary 4 days after I had to find someone to follow me to take the car back as they requested

James L. Arrasmith
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answered on Apr 21, 2024

Based on the information provided, it does not appear to be a case of wrongful repossession. Here are a few key points:

1. You proactively reached out to the lender 4 days prior to the repossession, informing them of your job loss and your desire to voluntarily surrender the vehicle. This...
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1 Answer | Asked in Tax Law for Illinois on
Q: Hi! I just wanted to know how does the tax department figure out that a person hasn’t paid his taxes in the state?

What measures do the department take to find out a non resident in the state. For example, if a person is staying in the state but hasn’t paid any taxes.

James L. Arrasmith
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answered on Apr 20, 2024

When a person hasn't paid their taxes in a state, the tax department employs several strategies to detect this non-compliance. They use data from various sources, such as employers, banks, and other financial institutions, which report income and financial transactions to the authorities. This... View More

1 Answer | Asked in Criminal Law, Tax Law and International Law for Illinois on
Q: What's the statute of limitations for smuggling a rug into the US from Iran, through the UK?

My parents declared an Iranian rug they bought in the UK sometime between 1990 to 1998. They declared it as Pakistani. I was there when it occurred during a European vacation to Paris and England. I think they still have the rug, and there is probably some documentation still out there about the... View More

James L. Arrasmith
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answered on Apr 20, 2024

In the United States, smuggling items into the country by falsifying their country of origin is considered a violation of customs laws. However, the exact statute of limitations on this can vary depending on specific details such as the nature of the goods and the perceived intent behind the... View More

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