Lawyers, Answer Questions  & Get Points Log In
Illinois Employment Discrimination Questions & Answers
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 »

1 Answer | Asked in Civil Rights, Contracts, Employment Discrimination and Employment Law for Illinois on
Q: What is the statute of limitation on indefinite employment contracts overseas with US based corporation?

I was hired as country manager by a US 500 company in 2013 on indefinite employment terms contract. 12 months later problems started mainly because I refused company illegal way of doing business. As a result, I was fired and sued for criminal charges in the foreign country. In 2019, I won an... Read more »

Jane Kim
Jane Kim answered on Oct 14, 2021

IL statute of limitations on a breach of contract action is ten years. But first, you have to ascertain which country's laws apply. Did you have a written employment agreement and where was was it signed, in the US or in that foreign country? That's the law that will apply to a breach of... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Can I file a law suit against my employer or find out if others already have - if they are forcing vaccines on employees

That have not been approved by the FDA?

James G. Ahlberg
James G. Ahlberg answered on Aug 19, 2021

The vaccines have been approved by the FDA on an emergency basis. Your employer is not forcing the vaccine on you. They are simply saying you can't work for them if you aren't vaccinated. Your choice entirely.

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Illinois on
Q: im writing due to the fact that i have been harrased at work and it is now very hostile work place

the manager used spanish to describe the job details. i only speak english i asked a few times to explain the job in english, i was not properly trained and i have heard them used foul racial slurs

Charles Candiano
Charles Candiano answered on Aug 16, 2021

You need to ask a question. Entry level jobs are plentiful and many employers are offering incentives. If this is a new, entry-level position, move on. If racial hostility or hostility against non-Spanish-speaking people is obvious, you may wish to seek a Right to sue letter from the EEOC but... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Illinois on
Q: Does salary non exempt allow employers to pay unfair/uneven wages for same job title and description

I have worked here for 5 years in QA department, have had many meetings with PM, HR and my manager about pay. They state merits are the same across the board, take it or leave it. On production floor they are hourly, have a top out rate on pay after 2 years(literally ppl after 2 years make more... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Apr 21, 2021

While your situation seems unfair, the only federal laws governing the payment of wages are minimum wage and overtime laws (if you're paid by the hour and work over 40 hours per week). So, as long as your pay is at or above minimum wage, your employer's pay system is not unlawful.

2 Answers | Asked in Contracts, Employment Law and Employment Discrimination for Illinois on
Q: Can my job fire me for not telling them I have a mental illness?

They made us sign a paper saying that I must disclose all medical conditions including mental illness and if I withhold any information and they find out I could get fired. So if I were to show up to work and told someone I had depression they said that they could fire me for that. But is this even... Read more »

Charles Candiano
Charles Candiano answered on Apr 13, 2021

Your question isn't about employment law. Rather, it is about contract law. So long as the subject in terms of the contract do not involve contraband or other illegal activity, it has long been established that a person's right to contract is unlimited. Nobody "makes" you do... Read more »

View More Answers

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: My employer didn’t let my return back to work after maternity leave unless I agree to their terms .

I left for maternity leave on 12/16/2020 my return date was supposed to be March 9,2021 my employer didn’t let me return to work unless I agree to their terms. I lost a week of pay because they postpone my return date. My hours also change . Can I sue ?

Rhiannon Herbert
Rhiannon Herbert answered on Mar 17, 2021

The answer to this question will depend on how you took maternity leave. If you took leave under the Family and Medical Leave Act (FMLA), then upon returning to work, you are required to be returned to your same or a substantially similar position.

1 Answer | Asked in Consumer Law, Employment Law, Constitutional Law and Employment Discrimination for Illinois on
Q: Hello. I haven't received my rise due Dec 2020. Also construction going on was sent home without pay. Miriam

I was FT now PT due to coronavirus Manager cut my hours to 60. I tried unemployment. I was denied because Manager gave me 21 hours a week since pandemic should've have been 20 or less a week. Also I get no Holiday pay when I worked FT. I had to use my vacation time for Holidays to get paid.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 26, 2021

as to unemployment, some changes are being made so that federal benefits may be applied for.

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Illinois on
Q: Belleville, Il. 62221 of St. Clair County. Question: Will get paid comp from missing 4 days of work (Covid 19)

In regards to being paid by worker's comp.

Charles Candiano
Charles Candiano answered on Jan 24, 2021

If you contracted Covid-19 as a front-line worker, you enjoy a rebuttable presumption that it was work-related. Once that is proven, it is the same as any other Workers' Compensation claim. In Illinois, an injured worker is not compensated for the first three days that they must be off work... Read more »

1 Answer | Asked in Contracts, Employment Law and Employment Discrimination for Illinois on
Q: I don't feel satisfied with my report. I dont feel like I'm receiving help at all. Help?

After making countless reports of harassment due to my ethnicity, witnessing them harass other coworkers. Submitting and complaining with no answers, follow ups, and/or replies. I don't feel like my issues are being followed up. I witness in the past of the middle-man, of my contract, not... Read more »

Carrie Dyer
Carrie Dyer answered on Jan 13, 2021

To whom did you make the initial complaints? If you have not done so already, you should put your complaints of harassments due to your ethnicity in writing to the Human Resources department. If you have already done so, you should request, in writing, a follow-up on the investigation into your... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: I got terminated for an "unplanned" absence even though i email my agent that i was sick and couldnt go to work.

He informed me that it was okay and to get better. According to them an "unplanned" absence is an absent that wasnt excused. With that 7 hour time gap i never got contacted again via email nor a phone call stating otherwise. I dont know if that's just life being unfair. I have... Read more »

Carrie Dyer
Carrie Dyer answered on Dec 30, 2020

There is likely nothing you can do if your employer applied its attendance policy uniformly. However, you should contact an employment attorney in your area to discuss the circumstances surrounding your complaint of discrimination, including when the complaint was made, to whom, the content, and... Read more »

2 Answers | Asked in Bankruptcy, Civil Litigation and Employment Discrimination for Illinois on
Q: will bankruptcy get rid of this lawsuit?

I was injured at work, was on workers comp for several months and was cut off right before surgery by the whole insurance playing their games. my wc lawyer pawned me off to another "trial" lawyer who then pawned me off to another "new guy in the firm" lawyer who completely... Read more »

Cynthia Pietrucha
Cynthia Pietrucha answered on Dec 14, 2020

I'm sorry to hear about your experiences. You should immediately reach out to a competent attorney to address the pending lawsuit from the actual company. At the very least you will need to complete consultation to fully understand your options.

View More Answers

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Illinois on
Q: Retaliatory discharge and Discrimination

Wrong Termination

I was wrongfully terminated on Oct 12, 2020, from my previous employer, Mercy Housing. I was brought up on fraudulent charges, which were a surprise to me. I was never reprimanded for these charges that I have been accused of. I believe it's a case of retaliation and... Read more »

Kyle Anderson
Kyle Anderson answered on Nov 11, 2020

More information is needed here. Why do you believe you are being retaliated against? Why do you think you are being discriminated against? Title VII protects employees from being discriminated against on the basis of their race, religion, sex, etc. and for being retaliated against for engaging in... Read more »

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 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 Discrimination for Illinois on
Q: Can an employer resend a job offer after I let them know about a birth defect that may slightly slow me down?

Delivery company was having me fill out paper work for employment. Back ground checks and waivers and such, I let him know that I have a medical condition with my legs and I may not be as fast as his other employees. He said he'd have to talk to his boss. He comes back and said he'd have... Read more »

Cynthia Pietrucha
Cynthia Pietrucha answered on Jul 10, 2020

The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer ("undue hardship"). You should connect with an experienced employment discrimination attorney... 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 »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.