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Illinois Employment Discrimination Questions & Answers
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 »

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: I work as a dental hygienist in Illinois. I get paid on commission. (what I produce Minus any deductions)

That Dr will subtract any discounts he gives to patients also. I am required to attend office meetings and training, but was told I will not get paid. He said, "I can not make you come, but if you don't you should look for another job." I am also required to make phone calls and... Read more »

Kyle Anderson
Kyle Anderson
answered on May 20, 2020

Are you working more than 40 hours per week when you combine the patients you see, the meetings/trainings, and the phone calls to confirm appointments? If you are, there may be an overtime violation here. Employers can only apply an overtime exemption to an employee it pays exclusively by... Read more »

1 Answer | Asked in Employment Discrimination for Illinois on
Q: Is it really legal to not allow an employee to work if they medically can not wear a face mask.

The order states that those who are medically able to wear them must. But what about those who can't. Can they really tell us we can't work? Are stores really able to deny us access because we can not wear the mask because of a disability?

Cynthia Pietrucha
Cynthia Pietrucha
answered on May 4, 2020

This is a difficult topic that does not have a clear "yes" or "no" answer. Overall, you should be allowed to make decisions for your own well being but in an employment setting, the employee doesn't have full control.

The logic behind the mask requirement is that...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: My job is planning to deny my pay from the FFCRA. They have more than 50 employees. Am I entitled to 2/3rds wages?
Cynthia Rote
PREMIUM
Cynthia Rote
answered on Apr 10, 2020

This depends on why you are unable to work.

The FFCRA provides that employers must provide all employees:

~ Two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay where the employee is unable to work because the employee is quarantined, and/or...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: How do I prove I was discriminated against in IL?

I am a white male and took a bartending position at a Chinese restaurant. I was told I'd be making "3 grand easy", upon being hired. Turned out that I was making under minimum wage and was only receiving customers when all the other - Chinese born - employees were overwhelmed.... Read more »

Cynthia Pietrucha
Cynthia Pietrucha
answered on Mar 16, 2020

Under normal circumstances, you would have to complain to the Chinese restaurant management/HR about the perceived discrimination, giving them the opportunity to investigate or otherwise resolve the situation. However, considering Illinois restaurants/bars are going to be closed for dine-in... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Real Estate Law for Illinois on
Q: I feel that I was wrongfully terminated from my job as an independently contracted leasing agent. What are my rights?

I feel that I was misclassified as an independent contractor in the first place but I know things get blurry in the realm of real estate: does this change anything? I also believe that I was terminated on grounds that were discriminatory and retaliatory but I am unfamiliar with my rights since I... Read more »

James G. Ahlberg
James G. Ahlberg
answered on Jan 22, 2020

You're asking the right questions. The problem is that you need to schedule an appointment with a lawyer well-versed in employment law who can develop the information necessary to answer them by speaking with you. No one can provide you useful advice on the scant information provided.... Read more »

1 Answer | Asked in Employment Discrimination and Personal Injury for Illinois on
Q: Is this a strong case against my employer?

I got severely depressed when my asthma and allergies started getting triggered at work, because the employer never cleans. I got a tick bite from right outside of work and got Lyme Disease, there are documents. I didn't tell my manager in fear she'd talk. I went to work while suffering... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 16, 2019

You really need to speak with an Illinois employment attorney, and since your post remains open for two weeks, it might be best for your to start efforts to contact them on your own, either through this site or through your own independent searches. You included Personal Injury as a category, but... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: can I sue for severance pay been delayed?

I submitted paper work for my severance pay and waited the 10 days to receive the paycheck. It’s been 13 days and I’ve been told by my Employee Service Center that paperwork was never submitted. I have bills to pay and need that check.

James G. Ahlberg
James G. Ahlberg
answered on Oct 16, 2019

Your best bet is to re-submit the paperwork. A lawsuit will take months (and possibly years) to settle the issue.

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: In the state of Illinois, if your employer pays employees based on position, can they hire someone for a position

And pay them more than the guy already doing the job without raising the other guys pay?

James G. Ahlberg
James G. Ahlberg
answered on Aug 22, 2019

As a general rule, yes, they can unless there's a contract (such as a union contract) providing otherwise.

1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Q: What are the qualifications for pro bono case?

Employee law help.

James G. Ahlberg
James G. Ahlberg
answered on Aug 5, 2019

The willingness of a lawyer to handle a case for nothing. That's it.

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Illinois on
Q: I asked for a reasonable accommodation for a disability at work, was denied and later reprimanded is that discrimination

A new requirement was added to my responsibilities, I asked for an accommodation for my disability, was told no, and if I couldn’t complete it without an accommodation it would effect my employment... asked again 6 months later, was told no again and that “I just didn’t want to do it” and... Read more »

James G. Ahlberg
James G. Ahlberg
answered on May 10, 2019

There is no way to answer your question effectively without an appointment (typically several hours long) reviewing the facts and any documents you can supply, investigating the medical condition that causes you to seek reasonable accommodation, etc.

2 Answers | Asked in Employment Law and Employment Discrimination for Illinois on
Q: Last Wednesday I was told my job was eliminated. Is there any protection for older citizens?

I was told in November that we would have new phrases of development that I could help with. Now my boss said I do not have the knowledge. He asked me two weeks ago when I was planning on retiring. I have been with a company for 32 years and will be turning 64 in June.

James G. Ahlberg
James G. Ahlberg
answered on Apr 30, 2019

Yes. If you are 40 years of age or older there's the possibility you are being discriminated on the basis of age. Make an appointment with an attorney who handles discrimination in employment cases as soon as possible. Bring as many pay stubs as you can gather for the past year, a copy of the... Read more »

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1 Answer | Asked in Employment Discrimination for Illinois on
Q: Is there any Illinois law that states that support personnel (admins or exec. asst) must be hourly or non-exempt status?

Recently had a work from home policy go into effect but is only allowed for exempt employees. The claim by management is that admins and support personnel, must by law, be non-exempt and are therefore ineligible for the work at home program.

Cynthia Pietrucha
Cynthia Pietrucha
answered on Jan 31, 2019

From a legal perspective, "Work from home" policies are typically looked upon as completely discretionary by your employer. The only exceptions might be if you benefit from such arrangement because you have a disability and are in need of a reasonable accommodation.

Working...
Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Q: Is there anything else I can do if I was unlawfully terminated in was able to disprove the reasons they claim?

I worked at this place for almost a year and loved it. When the site director changed she didn't like me very much and bullied and harassed me trying to get me to quit and when I didn't she fired me. The initial reason she fired me was false and I was able to prove that, so she came up... Read more »

Cynthia Pietrucha
Cynthia Pietrucha
answered on Jan 7, 2019

I'm sorry to hear about your termination. As many answers to legal questions, the answer here is: It depends.

Illinois is an "at will" employment state, which means an employer can get rid of you as long as they are not violating a policy, contract or law.Employment...
Read more »

1 Answer | Asked in Employment Discrimination for Illinois on
Q: Do you handle teacher rights cases when they are being subjected to harassment and unfair treatment?

A tenured teacher under pressure of health issues and a bi-polar daughter who has attempted suicide is unduly pressured to provided detailed differentiated Physical Education lesson plans for K-5 graders that are never acceptable. She is accused of having problems with parents/teachers and staff... Read more »

Cynthia Pietrucha
Cynthia Pietrucha
answered on Dec 14, 2018

In Illinois, terminating a public tenured teacher is a complicated process and usually requires due process via a hearing. This can involve hundreds of pages of paperwork, strict deadlines and appeal rights.

If she is in danger of being terminated, she should notify her union (where...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: An employee on FMLA is charged with AWOL with doctor documentation for days charged. Is this a violation of FMLA?

I was written up and suspended for AWOL charges because my manager claims I didn’t call and leave a message on the dates I was written up for even though I presented my call logs that showed I did call.

Cynthia Pietrucha
Cynthia Pietrucha
answered on Dec 5, 2018

This behavior could be perceived as FMLA interference, an attempt to discourage you from using FMLA in the future.

The FMLA’s “interference” provision states it is “unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise” any...
Read more »

1 Answer | Asked in Employment Discrimination for Illinois on
Q: I worked in Kansas and I currently live in Illinois I filed a complaint with the EEOC in Kansas and received a right to

sue letter I'm looking for pro bono lawyer. Do I look in Illinois or Kansas?

Ethan White
Ethan White
answered on Nov 19, 2018

You could likely file in the Federal district court of either state, but there is a strong possibility it would get transferred from Illinois to Kansas since that is where the events occurred and where many witnesses will reside. Good luck.

1 Answer | Asked in Employment Discrimination for Illinois on
Q: My boss only hires young women for my company even though men interview, too.

How do I know if it's just coincidence or if it's gender discrimination?

Ethan White
Ethan White
answered on Oct 30, 2018

Unfortunately, the simple answer is you probably don't know without more evidence. In a lawsuit, your lawyer would take discovery from the employer through written questions and depositions. If you could prove a repeated pattern where two candidates are exactly the same, except for their... Read more »

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