Get free answers to your Employment Discrimination legal questions from lawyers in your area.
I had terminated an employee from my business and he refuses to leave. He still stays he’s the general manager.
It is for an ADA claim
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answered on Jul 6, 2018
This is not an easy "yes" or "no" answer. It depends on the nature of the medical problems and the tenure of the employee. The FMLA is a federal law that protects employees who have worked for a minimum of 12 months, whereas the ADA is a federal law that protects all employees... View More 
answered on Jun 27, 2018
There are too many variables to answer this question. For example: if you work with patients in a medical facility and your medical issue is a highly contagious disease, the employer would be justified in re-assigning you to a desk job with no patient contact; if your work in a manufacturing... View More
Workers comp claim was submitted the week after I was hurt.
answered on Mar 31, 2018
It depends. If your doctor had you off work (or had given you work restrictions the employer was unable to meet) and the employer was aware of this on the day you were fired, you may have a case for wrongful termination of employment in addition to your workers' compensation case. On the other... View More
I pointed out that black mold is hazardous to your health and had not been cleaned up completely.
answered on Mar 5, 2018
You may have a claim for retaliatory discharge or a claim under the whistleblower act. But full details and a consultation with an employment attorney is required. Also, it is hard to tell from your description if you have been fired or fear being fired. The analysis changes with these types of... View More
Are there any laws against this discrimination
answered on Feb 8, 2018
You should consult with an attorney who practices in the field of human rights (civil rights) as quickly as possible. If it is unlawful discrimination you almost certainly have only 180 days (not six months) from the date you were fired to get a claim on file with the Illinois Human Rights... View More
We are now required to clean our workspace without pay, but instead they offer "points" to recieving gifts. Example: if I clean the bathroom it's worth 200 points, if I clean the computer room it's worth 100 points. Every 500 points I'll receive a gift card to Olive Garden.
answered on Jan 24, 2018
Yes, as long as they are not using this system as a pretext for illegal discrimination -- for example, scheduling only white servers because they supposedly sell the specific items.
My employer is marking days I actually come in to work as 'no call, no shows' because I am more than 2 hours late, even though I am physically present and doing work. This rule also applies when you call in to work, if you call in more than 2 hours late, you are marked as 'no call,... View More
answered on Jan 8, 2018
Your question is a little confusing. To me, "no call, no show" implies they are not paying you for the time you are actually working that day. They have to pay you for time you work.
If your question is whether the employer can fire you for being late (even if you call in) and... View More
My employer is trying to force me to participate in their insurance plan. I will have to pay all of the premiums on their insurance plan. I am an at will employee. I also object to their insurance plan because things covered in it are against my religious faith.
answered on Jan 7, 2018
If you have a religious objection to some of the benefits the insurance plan provides you don't have to use those benefits. For example, if the policy covers birth control, abortions and blood transfusions, all of which you object to, the policy will not require you to use contraception, have... View More
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answered on Dec 7, 2017
I'm sorry to hear about your recent workplace experiences.
In order to prove you have a valid charge of discrimination, you should gather as much evidence as you can (documents, text messages, witnesses, etc.). It isn't enough to just say you were let go for being pregnant.... View More
I Work with food, and i do have long hair, and already asked for hairnets n was told use a ponytail. Jus received a warning that if o do t do somethi g woth my by the end of the month ill be terminated and was told "the laws, the law"
answered on Jul 20, 2017
To answer the question, definitively, you MUST review the statute or rule. If employees are required to wear hats or hairnets, failure to do that may result in your dismissal, for cause. The ponytail may or may not be relevant. Refer to the statute or rule so that you will know the law.
I've been on my job 5 years as comanager my supervisor has been with the company 2 years
a few months ago his car was hit while on transport for the company ( a bank run )the company paid for all repairs. because he was on duty Just recently my car was hit/run while parked on company... View More
answered on Apr 2, 2017
Absolutely. If and when your car is damaged while performing work for your employer, it is covered. Your employer is NOT responsible for cars that get hit in the parking lot. Pull the surveillance video to see if you can ID the car that hit you.
in 2010 I slipped off of truck that I was working on. I went to their Dr. for a year and he could not fix the problem in my lower back. Towards the end of the year I decided to find help.
The new Dr. sent me for a test (milagram) and threw that test he found a pinched nerve! I had an... View More
answered on Mar 16, 2017
The answer to your question depends on a variety of factors that are not provided here. That said, Illinois is an employment at will state, so an Illinois employer can terminate an employee for nearly any reason, or no reason at all, so long as the reason is not an illegal one, such as being a... View More
Hello I live in the state of Illinois. I hurt my back in March of 2016 due to a work related injury. Its now almost 9 months later and I'm still experiencing some pain. I have had epidural steroid injection, physical therapy and plus 4 weeks of work hardening therapy program. I have also been... View More
answered on Nov 19, 2016
All questions should be directed to your attorney. If you are not fully satisfied with your current representation, consider hiring new counsel, as it may be a very long road ahead.
Rude. Recently she approached one of the bosses to have a meeting to discuss me. She gathered many customers and my bosses basically sat and complained about me and asked that I be fired. Is this defamation? Was my employer at fault for discussing my employment with others?
answered on Jul 8, 2016
Your employer can discuss items of customer disatisfaction that involve you. That she gathered many customers says that maybe a claim might not be that strong? Here's the problem--some things "rude" are opinion. As to facts--short changing people, stealing--are clearly libelous. So... View More
I was told for the five months I was there I was doing very well and was given many responsibilities. Next thing I know, at the end of my shift I am let go. I asked many times the reason and was not given a reply.
answered on Aug 13, 2012
More information is needed. Employees in Illinois are considered "at-will" employees, meaning they can be hired and fired anytime, with no reason, or leave for no reason. The only exception is if you have a contract, you have been discrimiated against based on a "protected... View More
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