Get free answers to your Employment Discrimination legal questions from lawyers in your area.
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More 
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... View More
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.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
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... View More
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.... View More
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... View More
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... View More
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.
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.
And pay them more than the guy already doing the job without raising the other guys pay?
answered on Aug 22, 2019
As a general rule, yes, they can unless there's a contract (such as a union contract) providing otherwise.
Employee law help.
answered on Aug 5, 2019
The willingness of a lawyer to handle a case for nothing. That's it.
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... View More
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.
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.
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... View More
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
sue letter I'm looking for pro bono lawyer. Do I look in Illinois or Kansas?
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.
How do I know if it's just coincidence or if it's gender discrimination?
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... View More
employer has offered better benefits(pay, promotion, hours,etc) if i waive my primary reasonable accommodations that allow me to work productively and safely. not sure if they could prove undue hardship considering they allow poor performers to obtain better benefits.
answered on Oct 30, 2018
Under certain circumstances, you could possibly waive your right to recover damages (typically money) from a disability related discrimination/retaliation claim. Generally, however, you cannot waive your right to at least bring that kind of claim with the EEOC or state agency. So to put it another... View More
Hello, I work for Great Wolf Lodge in Gurnee, IL. It just opened&I hate it. I am scheduled 9am-5pm, due to lower occupancies in the hotel they've been wanting us to clock out immediately. I am a housekeeper, we get about 2-5 rooms to clean, so I only get about 20 something hours a week.... View More
answered on Sep 17, 2018
Keep in mind that Illinois is an "at will" employment jurisdiction, meaning your employer can fire you for any reason or no reason at all, unless it is for an illegal reason, such as your age, race, religion, etc. But that means they likely could legally fire you for complaining about... View More
This company in my short tenure. I have seen people quit and get fired for no reason. Their Glassdoor page is filled with accurate accounts of what happened to me today. I was told I was fired because I wasn't happy. Not performance issues at all. They want me to sign a non disclosure in order... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 6, 2018
I'm sorry to hear about your situation. In Illinois, most employees are "at will" which means a company can fire you for any reason at any time - and you can also quit for any reason at any time.
Technically firing you for not being happy is perfectly legally, although very... View More
I was told by the department supervisor that he was giving the employee a bad review with the intention of her quitting or her becoming hostile and leading to her termination. That was a breach of confidentiality on his part. The employee then accused a coworker and I for influencing the supervisor... View More
answered on Aug 13, 2018
You need to contact an attorney in your area who practices in the field of employment law as soon as possible. Explain your situation to him or her. Bring every document you have to the first appointment, including particularly any paycheck stubs or payroll information you have for the past year or... View 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.
