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Illinois Employment Law Questions & Answers
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
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...
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1 Answer | Asked in Employment Law for Illinois on
Q: As a legal adult in Illinois, can my boss tell my parents I’m in trouble at work?

She doesn’t know them and barely knows me. They are not my emergency contact. She said she was going to talk to me about it but hadn’t muttered a word to me about it the 2 days I worked the same day as her.

Charles Candiano
Charles Candiano answered on Mar 29, 2020

She cannot divulge your medical history. Without commenting on the propriety, it is not illegal for her to tell ANYONE that you are in trouble at work, provided that she states only facts.

1 Answer | Asked in Banking, Business Law and Employment Law for Illinois on
Q: The company pay date Is today for my time owed me. They say there will be a “delay”. What can I do to get my money?

This company has been using payroll checks that can’t be cashed because of insufficient funds for over 3 months now

Robert Shipley
Robert Shipley answered on Mar 27, 2020

Based upon your description I would recommend that you contact the Illinois Department of Labor and make a claim for the salary/wages you are apparently owed which have not been paid for three months. Here is a link to the website: https://www2.illinois.gov/idol/Pages/Complaints.aspx... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Is unpaid leave equivalent to a separation in employment which would trigger pay out of earned vacation
James G. Ahlberg
James G. Ahlberg answered on Mar 26, 2020

No. The Illinois Wage Payment and Collection Act refers to an employee who "resigns or is terminated" as being entitled to receive his or her earned vacation pay. It wouldn't hurt to ask your employer if they'll pay out your vacation pay however. An employer can do it if you're on unpaid leave, he... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: With the new law passed for coronavirus sick pay, would I be eligible if I elect to stay home or do I need a doctors not

My employer was stating I need to be confirmed that I have the virus before I can get payed leave

Robert Shipley
Robert Shipley answered on Mar 23, 2020

Generally, an employer is permitted to have a policy which requires an employee to provide written confirmation from their medical provider when treatment has been received for a condition or illness which has caused the employee to miss time from work. Whether the time off is compensable depends... Read more »

1 Answer | Asked in Employment Law and Immigration Law for Illinois on
Q: Can I get a new job if my Green Card is expired? I'm not sure that I can get an i-551 stamp before my job starts.

Can I provide other proof instead? Such as a social security number and an id?

Adan Vega
Adan Vega answered on Mar 20, 2020

You can apply for a job position with a prospective employer by submitting a valid driver’s license and an unrestricted social security card at the time the prospective employer presents you with the FORM I-9. You will need to indicate that you are a permanent resident on the FORM I-9.... Read more »

2 Answers | Asked in Employment Law for Illinois on
Q: I am a 63 year old woman, working for the same company 14 years. Company changed my position and didn't give me options.

This is an entirely different position. I was told in December that they were looking for a place to "put" me. I had no choice in the matter or given any option, company focus was changing to some extent. Went from outside sales management, to working with inside global education department, but... Read more »

Kyle Anderson
Kyle Anderson answered on Mar 18, 2020

I would reach out to an employment lawyer in your state to go over options. I'm not sure about Illinois, but in Ohio you would typically not be eligible to receive unemployment if you quit.

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1 Answer | Asked in Employment Law for Illinois on
Q: Will I have to pay an employee I let go due to downturn in business due to coronavirus?
Robert Shipley
Robert Shipley answered on Mar 16, 2020

On a general basis, if an employee is ‘at will’ meaning they do not have an employment contract or subject to a union contract which might impact the terms of the employment, then such an employee can be terminated for any or no reason. The employee must be paid for the hours worked and any... 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. Manager went as far... 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 Law and Business Law for Illinois on
Q: Can an employer demand reimbursement for hiring expenses if the employee quits?

Employee has been employed for 3 months and this was never disclosed as a condition of employment. No contract/agreement is in place agreeing to reimburse employer for hiring expenses.

James G. Ahlberg
James G. Ahlberg answered on Mar 11, 2020

No.

1 Answer | Asked in Employment Law for Illinois on
Q: Can an employer place a job post online for my position when I have not given a notice to leave my job?

I reported to HR abusive treatment from my supervisor and asked to be transferred to another dept. There was only one other position in the practice available. I spoke to the manager of that position and realized I had no qualifications for it. I reported back to HR that I was not qualified for... Read more »

Greg Mansell
Greg Mansell answered on Mar 4, 2020

An employer can make a post for any position, including your position or a similar position, without providing any notice to you. If you reported abusive behavior based on a protected class (For example, abusive behavior toward you because of your race, medical leave, religion, etc.) then it is... Read more »

2 Answers | Asked in Employment Law, Gov & Administrative Law and Small Claims for Illinois on
Q: Should I contact a lawyer first about reporting wage & labor disputes with my employer?

I worked for a restaurant chain since 2013. I was hired for 1 hourly position at a specific rate, then cross-trained & given promotions w/raises over the years. I've had issues for years with my time clocks being manually edited by different mgers, i was paid incorrect rates than what i was... Read more »

Carrie Dyer
Carrie Dyer answered on Mar 4, 2020

You should immediately reach out to an employment lawyer to discuss potential claims under the Fair Labor Standards Act and Illinois law. If you were not paid at least minimum wage (hourly rate & tips combined) for all hours worked, and you were not paid overtime for all hours you worked in excess... Read more »

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3 Answers | Asked in Employment Law, Workers' Compensation, Public Benefits and Small Claims for Illinois on
Q: Can I file for TTD benefits while I work w/ a laywer to file workmans comp if my employer wouldn't report my injuries?

After an incident at work over the holidays I saw my DR & found out I have bilateral carpal tunnel w/severe damage in my right wrist. She advised me not to return to work until after seeing an orthopedic specialist for possible surgery. I told her that I couldn't afford to & she agreed to write a... Read more »

Steven Sigmond
Steven Sigmond answered on Mar 4, 2020

Yes, you can.

As long as you've reported the work-injury to your boss right away (and you have), you have up to three years to file a workers compensation case. Your employer can't file the case for you. All they can do is turn the matter over to their insurance company or not....
Read more »

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1 Answer | Asked in Car Accidents, Employment Law and Traffic Tickets for Illinois on
Q: If I was working for a company and got into an accident do I pay the ticket?

I was working for my cousin and I was driving one of his work trucks and rear ended someone on the toll way near Addison I got a citation for driving to fast in unsafe road conditions my cousin told me he would handle my fine and took money off of my paycheck to do so because I was moving back home... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 22, 2020

At this point, pay the fine so you can get rolling then hassle with your relative. If they took money out of your paycheck, they must use it for that purpose.

1 Answer | Asked in Employment Law for Illinois on
Q: Looking for clarity on Illinois paid accrued vacation law

Hi, I left my job on December 6, 2019, I was paid the 8 hours of vacation I had left. However my colleague told me to ask for my accrued vacation time also as he said Illinois is 1 of the 2 states that have a law saying you are owed accrued vacation time. I contacted my previous employer he... Read more »

Cynthia Pietrucha
Cynthia Pietrucha answered on Feb 19, 2020

In Ilinois, the Illinois Wage Payment and Collection Act protects the rights of employees to receive their due compensation. If 8 vacation hours was all you had left in 2019, you didn't accrue any vacation time in 2020 and there is no violation of an employment contract or policy, you likely are... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Can I require an employee to provide a Doctors excuse when they call off work for a sickness/injury?

I have an employee that doesn't communicate very well (just doesn't show up) and calls in sick very frequently. Can I start requesting a doctor's excuse for these sick days? He's a bit difficult to deal with and we want to make sure we are correct before confronting him with it. I have... Read more »

Cynthia Rote
Cynthia Rote answered on Feb 19, 2020

You can do this, however, you should ensure that you are not singling this employee out. If you have an employee handbook you should consider updating the handbook to ensure that this policy is applied to all of your employees and not a single employee. If you do not have an employee handbook you... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: How should you handle a problem with your employer not paying you what is owed to you

My daughter’s employer does not pay her on time and does not pay her the full amount that she is owed. This has been going on for months.

James G. Ahlberg
James G. Ahlberg answered on Feb 18, 2020

Your daughter should file a complaint with the Illinois Department of Labor. This can be done on their website.

1 Answer | Asked in Employment Law for Illinois on
Q: I was interviewing internally for a position but it was given to an external candidate chosen by a client not my compan

I currently work for a major health insurance company in their preventative onsite solutions group. We are contracted by companies and work onsite with their employees. I have been with the company for nearly 9 years and a high performer. My current site is downsizing and I need to move to another... Read more »

James G. Ahlberg
James G. Ahlberg answered on Feb 18, 2020

I don't mean this to sound flippant, but you need to look for another job. It is not illegal for your employer to hire someone from outside the company on the recommendation of a client. Your fellow employee who told you it creates a co-employment situation is wrong. Even if they were right, what... Read more »

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.

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