Lawyers, Answer Questions  & Get Points Log In
Illinois Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: Can I still collect unemployment if I start unpaid TOP job training in Illinois?

It is two nights a week, 6:30-9:30pm, and Saturdays. That still leaves me available for regular job hours.

Charles Candiano
Charles Candiano answered on Feb 4, 2020

Not legally. To collect unemployment, you must be actively seeking employment AND Both Willing and Able to accept a job. If you are in formal training, you are NEITHER willing nor Able to accept a job, if offered, nor are you actively seeking employment.

1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: I requested FMLA. My employer filed a Workers' Comp claim? I didn't ask for Workers' Comp. Is that how it works?

I have 11 weeks of sick leave and some personal and vacation days that I could use on Family Medical Leave. I intend to go back to work once I'm better. I've been off for 2 weeks and expect to go back in 2-3 weeks; long before I run out of sick days. I'm concerned that my employer has filed a... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 31, 2020

That's a great question, but I doubt anyone can give you solid advice without sitting down and talking to you to get more information. Schedule an appointment with a competent workers' compensation lawyer. There's typically no charge for an initial appointment on workers' compensation matters. Try... Read more »

1 Answer | Asked in Employment Law and Medical Malpractice for Illinois on
Q: Paying MDs as 1099s - Is this Corporate Practice of Medicine?

Hi There,

We are a Not For Profit Corporation, and we pay for patient medical expenses when they require financial assistance. We do not advise them on treatment, provide facilities to MDs, direct / employ MDs, or share profits with MDs. We simply pay patient Invoices when they are unable... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 29, 2020

I'm not sure which 1099 form you're looking at, but it's probably the wrong one. This shouldn't be a contractor expense for you since the medical professionals do not contract with you -- rather, they contract with your patients.

With no more information than you provided, my hunch is you...
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.

One...
Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Can my employer ask me to take a pay cut in addition to paying a premium in order to access a company health plan?
James G. Ahlberg
James G. Ahlberg answered on Jan 16, 2020

Yes, as long as the pay cut isn't retroactive.

1 Answer | Asked in Employment Law for Illinois on
Q: Hey I was harassedat work also my store manager call someone to the store to confront me, in I awash the one Discipline

Tookin off work for two months also pick with when I return then fired in the end... what action should I take

Carrie Dyer
Carrie Dyer answered on Dec 31, 2019

More information is needed to evaluate whether you have a legal claim. If you were subject to harassment on the basis of your membership in a protected class (e.g,. race, gender, age (40+), religion, disability), you reported the harassment, and your employer terminated you after making the... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: I was a lifeguard and I payed the company for my certifi. ($200+) which was more than the textbook fee. Is this allowed?

I was a lifeguard over the summer and I payed the company to get my certification (over $200) which included more than the cost of the textbook. Is this allowed? I heard that it is a scam.

Rhiannon Herbert
Rhiannon Herbert answered on Dec 31, 2019

There is no violation here. If your job requires a special certification, your employer can require you to obtain the certification before you begin work, and it is not required to reimburse you for the costs associated with obtaining the certification.

1 Answer | Asked in Car Accidents and Employment Law for Illinois on
Q: If I hit a deer while on call for work are they liable for damage to my vehicle?
Charles Candiano
Charles Candiano answered on Dec 27, 2019

If you were driving at the request of your employer and you were injured, the injuries and any wage loss would be covered under Workers' Compensation. It is NOT sufficient that you were "on-call" but driving for entirely personal reasons. Under NO circumstances would your car be covered under... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: In an unemployment appeal hearing can I submit evidence that doesn't pertain to my termination to show character?

After I was fired my employer refused send to give me my last two checks for nearly two weeks. When he finally did pay me he changed the dates and pay periods on the pay stubs so it would look like there was no waiting week when I started. Primarily because he kept that weeks worth of pay. I... Read more »

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

No. The question before the hearing officer is not whether your employer is a bad person, but whether you are entitled to unemployment benefits. Contact the state Department of Labor to file a claim for your unpaid wages. This can be done on their website if you worked in Illinois.

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 Employment Law, Criminal Law and Animal / Dog Law for Illinois on
Q: My employer (a DVM) has done some illegal things. If I quit because I’m uncomfortable, could I get unemployment?

Illegal things include allowing unlicensed people to do surgery and taking clinic medications for his personal use (schedule II drugs, i.e. Codeine)

S. Janaan Hashim
S. Janaan Hashim answered on Aug 3, 2019

Unemployment comes when you are fired, not when you leave. Good luck.

1 Answer | Asked in Employment Law for Illinois on
Q: Can an employers work comp insurance deny a surgery due to a previous work comp injury from another job 6 years ago?

6 years ago, i tore my ACL and required surgery. this was due to a work injury. fast forward to today, i was injured again at a new job and tore the same ACL and am now required to have another surgery. can my current employer try to deny my claim and surgery? this injury has always been disclosed... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jun 19, 2019

They can try to deny the surgery, they are not likely to succeed. If you don't have a lawyer, get one ASAP to fight this for you.

2 Answers | Asked in Employment Law, Family Law and Immigration Law for Illinois on
Q: Could my parents sponsor me a green card when I am maintaining OPT status?

I am currently on OPT and will start my H1B this October 2019. My parents have recently gotten a green card and I am curious If they can sponsor my green card so I can stay in the US to get the procedure completed.

Any help would be highly appreciated and I would like to start the... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 11, 2019

More information is needed, but it may help provided you are eligible to file for adjustment 'before' your H-1b expires or is terminated due to resignation or termination. I strongly recommend an appointment with a competent and experienced immigration attorney, who can review all of the concerns... Read more »

View More Answers

1 Answer | Asked in Employment Law for Illinois on
Q: What must I do to reestablish Cobra payment to an employer that ran out? I've Cobra by design until October 31, 2019.

I've been told about Cobra from the insurance card customer service number that the plan is until May 31, 2019, yet it was also said by the health insurance company that the plan is paid through March 2019. This affects my Special Enrollment Period, and I cannot get the owner to communicate back... Read more »

James G. Ahlberg
James G. Ahlberg answered on May 31, 2019

Contact the insurance company with your questions if you can't reach the employer.

1 Answer | Asked in Contracts and Employment Law for Illinois on
Q: Can I cancel the job offer of type "At will" after accepting the offer for another better offer?

I am an international student on F1 visa. I have accepted a job offer from a company(in Illinois) for which I have signed documents such as employment contract and NDA contract. All these documents has clearly mentioned the nature of employment as "At Will" with no mention of notice period... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 20, 2019

Since you did not mention a non-complete clause in the employment contract, I will assume that issue is no concern. Accordingly, unless you have received some valuable benefit(s) from the first company (such as a signing bonus, special training, valuable company equipment, laptop, etc.), there... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: My employer pays below minimum wage to be on call and does not pay for travel time.These are beyond scheduled work hours
James G. Ahlberg
James G. Ahlberg answered on May 13, 2019

Pay for travel time depends on whether you are commuting (which is not compensable) or traveling between job-sites or between your office or other base of operations and a job-site (which is typically compensable).

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 »

View More Answers

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.