James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2023

Yes, you may be able to file a lawsuit for identity theft or fraud against your previous employer for using your Social Security number for another person. You should consult with an attorney who specializes in identity theft and employment law to evaluate your options and help you pursue any legal... View More

Cynthia Pietrucha Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

Based on the information provided, it appears you have a breach of contract case. If the relevant deadlines for acting on such a claim have not passed, you can sue the employer for breach of contract.

However, it does not appear you'd have a separate action for the cease and... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

Yes, you can declare bankruptcy during a judgement. Filing for bankruptcy can stop or delay the enforcement of a judgment against you, as well as discharge or reduce certain debts. However, it is important to note that there are different types of bankruptcy, and not all debts can be discharged or... View More

The answer will depend on the terms of the lease agreement that you had, which we do not know. However it is typical that a security deposit may be used to cover repairs to the property after you move out that are needed to restore the property to rent to another person. The lack of repairs... View More

Your question is missing some important information. Having said that, non-competes are not enforceable in Illinois unless they are reasonable under the circumstances. I do not believe that an Illinois court would find the requirement to disclose a new employer as being unreasonable. I suspect that... View More

I don't mean to sound rude, but you've made a statement rather than asking a question. Do you have a question? You'll want to use somewhat correct terminology. A "land patent" typically refers to the initial grant of a piece of land by the government to an individual or... View More

No, the LLCs are separate, if you have kept them separate with different bank accounts, addresses, etc.

If your new product can be protected because of its new process (it does something that no other product does) perhaps your protection is not from the type of structure but in... View More

An Illinois attorney could advise best, but your question remains open for two weeks. Until you are able to discuss the matter with a local attorney, I'd guess that it's probably an oversight or administrative glitch. Stealing requires intent, and a major carrier is not likely to put... View More

A properly drafted construction agreement should have termination provisions. Start by reading the contract and be aware of your notice and termination obligations. Any contract case requires that you show offer, acceptance, consideration, duty, breach and damages. Remember that in the case of... View More

The contract validity is not at issue, even if that contract is valid, the contract party is not within the legal jurisdiction and that the contract’s performance could not be enforced, unless the party has its agent, assets or property for a judgment.

I always counsel boyfriend/girlfriend client situations to ask themselves what documentation would they want if the other person were not your boyfriend/girlfriend. It is a mistake to think that the status of boyfriend/girlfriend has anything to do with the commercial arrangement of loaning money.... View More

Well, Illinois law deals specifically with Installment Contracts in the Installment Sales Contract Act, 765 ILCS 67/1 et seq.

Under that Act, a purchaser who is in default has a 90-day period to cure the default before a seller can bring any sort of action against you. Further, under the... View More

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... View More

It is not a good idea to work with this client. You don't indicate whether the client was someone that you worked with (taught) in the past for her. However, a non-compete means you cannot solicit or work with her clients while employed by or while you have an independent contractor agreement... View More

Make sure that you have a written agreement. Although I don't see this work as falling under the Home Repair and Remodeling Act, the act requires written contracts for work in excess of $1,000. That should be a tip that a written agreement may be useful here. Have the contractor agree to... View More

You will likely need a code inspection to make sure the work was code compliant.

I'm so sorry to hear about this; fortunately and unfortunately, it sounds like your son is high functioning to the point he wants to drive his own car but doesn't have the capacity to understand what a car loan entails. In adult guardianships in Illinois, this is somewhat common.... View More

It depends on the contract language and how your child was injured. ALL of the details and a copy of the contract need to be reviewed by an attorney before it is possible to provide a meaningful answer.

In order to be enforceable, Illinois, and all other states, require that agreements for the purchase and sale of real estate be in writing. However, this is not insurmountable. First, did you pay your father for the property and can the transfer of funds be documented? More importantly, were... View More

The statute you quoted is incomplete. It should read 735 ILCS 5/ ___ and a number after the slash in order to point to a relevant section of the statute that your landlord is reading. At any rate, you are not required to give thirty days notice unless it specifically states so in your lease.... View More