Illinois Employment Law Questions & Answers
Q: Can I sue for lost wages for providing primary care for a child that is not mine, biologically or legally?
Ray Choudhry's answer
To get wages, you have to be employed by someone with an agreed wage and conditions of employment.
To get wages, you have to be employed by someone with an agreed wage and conditions of employment.
Q: I had a verbal breach of contract when I signed an offer letter as an independent contractor, can I sue for this matter?
1 Answer
| Asked
in
Business Law, Civil Litigation, Contracts and Employment Law
for
Illinois
on
Answered on Feb 18, 2019
Answered on Feb 18, 2019
Steve McCann's answer
You may be entitled to a remedy based on the facts provided, but the viability of recovering on such an action is dependent on specific facts that are not provided here, such as the details around the statements made, as well as the terms of the offer letter you reference. That being the case, I recommend you organize everything in your possession related to this matter, including the offer letter, and consult with an attorney individually. Many of us offer free consultations, and will gladly...
You may be entitled to a remedy based on the facts provided, but the viability of recovering on such an action is dependent on specific facts that are not provided here, such as the details around the statements made, as well as the terms of the offer letter you reference. That being the case, I recommend you organize everything in your possession related to this matter, including the offer letter, and consult with an attorney individually. Many of us offer free consultations, and will gladly...
Q: hired for position and then the current employee decides not to leave. What recourse does new employee have?
Cynthia Pietrucha's answer
Depending on additional details not provided, the incoming new employee general manager may have a breach of contract claim and/or a right to collect unemployment benefits, but otherwise, just because this is unfair does not mean it is illegal. Employers may change their plans for any reason as long as they are not committing an illegal act or breaching a contract.
Depending on additional details not provided, the incoming new employee general manager may have a breach of contract claim and/or a right to collect unemployment benefits, but otherwise, just because this is unfair does not mean it is illegal. Employers may change their plans for any reason as long as they are not committing an illegal act or breaching a contract.
Q: Can a person be terminated for consensually dating a co-worker that is not a supervisor?
Ethan White's answer
Simple answer is probably yes. Illinois is an "at will" employment jurisdiction, meaning your employer can fire you for any reason or no reason at all, so long as it is not discriminatory. But firing a person because the employer does not like the dating between employees is unlikely to be discriminatory. Based on what you've described above, the firing is likely legal. I hope that helps.
Simple answer is probably yes. Illinois is an "at will" employment jurisdiction, meaning your employer can fire you for any reason or no reason at all, so long as it is not discriminatory. But firing a person because the employer does not like the dating between employees is unlikely to be discriminatory. Based on what you've described above, the firing is likely legal. I hope that helps.
Q: When does the 33 percent fee change to 40 percent in a contingency agreement?
3 Answers
| Asked
in
Contracts, Employment Law, Personal Injury and Workers' Compensation
for
Illinois
on
Answered on Jan 26, 2019
Answered on Jan 26, 2019
Timur Akpinar's answer
Your attorney would be in the best position to clarify this issue based upon the exact terms of your retainer agreement. The specific time or trigger you ask about is a valid concern and you should pose it to your attorney, so that both of you are clear as to the threshold at which the attorney fee transitions from 33 1/3 percent to 40 percent. As a general matter, some attorneys could see the filing of an index no. as a milestone toward trial, or the completion of discovery, or the filing of a...
Your attorney would be in the best position to clarify this issue based upon the exact terms of your retainer agreement. The specific time or trigger you ask about is a valid concern and you should pose it to your attorney, so that both of you are clear as to the threshold at which the attorney fee transitions from 33 1/3 percent to 40 percent. As a general matter, some attorneys could see the filing of an index no. as a milestone toward trial, or the completion of discovery, or the filing of a...
Q: Good morning. My job was closed December 31st 2018 at Rush University Medical Center where I was employed for 10 years.
James G. Ahlberg's answer
It's hard to give you a solid answer without reviewing the documents you have. I encourage you to have your documents reviewed by a lawyer practicing in the field of employment law (not labor law, which deals with union-management issues, unless you were a union member) to assist you. Employment law covers pretty much everything employee related other than union-management situations.
It's hard to give you a solid answer without reviewing the documents you have. I encourage you to have your documents reviewed by a lawyer practicing in the field of employment law (not labor law, which deals with union-management issues, unless you were a union member) to assist you. Employment law covers pretty much everything employee related other than union-management situations.
Q: I worked for a nursing home some time ago and have been trying to get earned time paid. Nobody will call me back.
James G. Ahlberg's answer
Go to the Illinois Department of Labor website and download their complaint form for unpaid wages. Complete the form and return it to them. Your tax dollars (and mine) have already paid for their services, so it costs you nothing beyond that. If they don't succeed in getting your wages you'll have to hire a lawyer. Do this ASAP, since you indicate these wages are from "some time ago." There is a limit on how many years back you can pursue a back wages claim. Fill out the form today and file it...
Go to the Illinois Department of Labor website and download their complaint form for unpaid wages. Complete the form and return it to them. Your tax dollars (and mine) have already paid for their services, so it costs you nothing beyond that. If they don't succeed in getting your wages you'll have to hire a lawyer. Do this ASAP, since you indicate these wages are from "some time ago." There is a limit on how many years back you can pursue a back wages claim. Fill out the form today and file it...
Q: Is there anything else I can do if I was unlawfully terminated in was able to disprove the reasons they claim?
1 Answer
| Asked
in
Employment Law and Employment Discrimination
for
Illinois
on
Answered on Jan 7, 2019
Answered on Jan 7, 2019
Cynthia Pietrucha's answer
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 terminations can be complicated, especially when disability accommodations are involved.
For starters, to address those alleged write-ups, you have a right to access your personnel records by contact the company...
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 terminations can be complicated, especially when disability accommodations are involved.
For starters, to address those alleged write-ups, you have a right to access your personnel records by contact the company...
Q: Can my temp agency that i work for deny me direct deposit saying they dont do that.
Ethan White's answer
In short, yes. So long as your employer is paying you all the compensation you've earned, there is not a legal requirement that it be paid in a particular way.
In short, yes. So long as your employer is paying you all the compensation you've earned, there is not a legal requirement that it be paid in a particular way.
Q: how can i find out if my name and social security number is blacklisted?
James G. Ahlberg's answer
It's not easy to find out. None of the potential employers you've talked to are likely to tell you. I believe there are companies you can find online who will contact your old employer and act as if you've applied to work for them in the same industry to find out what response your old employer makes. I don't have the name of one to give you, I don't know what they charge for doing this, and I don't know how successful they are, but it's about all I can offer. Bear in mind that if the response...
It's not easy to find out. None of the potential employers you've talked to are likely to tell you. I believe there are companies you can find online who will contact your old employer and act as if you've applied to work for them in the same industry to find out what response your old employer makes. I don't have the name of one to give you, I don't know what they charge for doing this, and I don't know how successful they are, but it's about all I can offer. Bear in mind that if the response...
Q: An employee on FMLA is charged with AWOL with doctor documentation for days charged. Is this a violation of FMLA?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Illinois
on
Answered on Dec 5, 2018
Answered on Dec 5, 2018
Cynthia Pietrucha's answer
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 right provided by the FMLA.
If you believe your rights have been denied, you should reach out to a local employee rights attorney for assistance.
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 right provided by the FMLA.
If you believe your rights have been denied, you should reach out to a local employee rights attorney for assistance.
Q: I think my boss is trying to get free work out of me and I'm not sure if it is legal.
James G. Ahlberg's answer
You may have misunderstood, but it's worth asking him or her to be sure. Here's what I think the boss was trying to tell you:
School A (present employer) is "loaning" you to Unit B. School A will pay you for all the work you do at Unit B, HOWEVER if you do work at Unit B which isn't for the benefit of School A, Unit B has to provide services to School A equivalent in value to what School A pays you for doing that work. In other words, you'll be paid for all your time, but School A and...
You may have misunderstood, but it's worth asking him or her to be sure. Here's what I think the boss was trying to tell you:
School A (present employer) is "loaning" you to Unit B. School A will pay you for all the work you do at Unit B, HOWEVER if you do work at Unit B which isn't for the benefit of School A, Unit B has to provide services to School A equivalent in value to what School A pays you for doing that work. In other words, you'll be paid for all your time, but School A and...
Q: Am I obligated to train someone to do my job because that person doesn't have enough work to do as a full time employee?
James G. Ahlberg's answer
You can refuse to train the person, but the employer can fire you for refusing to do it.
You can refuse to train the person, but the employer can fire you for refusing to do it.
Q: Does my employer in Illinois need to pay out my PTO....WARN act?
James G. Ahlberg's answer
If you're not reporting back, I'm not sure how your "last day is 1/7/19." It sounds like you've already been separated from your employment. I am answering this question on the premise that you PTO is equivalent to vacation and could be used as such. Section 5 of the Illinois Wage Payment and collection Act provides as follows:
"Sec. 5. Every employer shall pay the final compensation of separated employees in full, at the time of separation, if possible, but in no case later than the...
If you're not reporting back, I'm not sure how your "last day is 1/7/19." It sounds like you've already been separated from your employment. I am answering this question on the premise that you PTO is equivalent to vacation and could be used as such. Section 5 of the Illinois Wage Payment and collection Act provides as follows:
"Sec. 5. Every employer shall pay the final compensation of separated employees in full, at the time of separation, if possible, but in no case later than the...
Q: I have an upcoming IRS appeal and I need to subpoena some documents /information from my employer. How do I best do it?
Michelle D. Wynn's answer
Unfortunately, you cannot subpoena documents from an employer unless it is in connection with a court case that is already filed. Since I assume you are speaking of an administrative appeal with the IRS Office of Appeals, you would not be able to issue a subpoena. You can request the documents from your employer to see if they will provide them voluntarily. If not, then your best bet may be to try to prove the points you are raising using documentation already in your possession.
The...
Unfortunately, you cannot subpoena documents from an employer unless it is in connection with a court case that is already filed. Since I assume you are speaking of an administrative appeal with the IRS Office of Appeals, you would not be able to issue a subpoena. You can request the documents from your employer to see if they will provide them voluntarily. If not, then your best bet may be to try to prove the points you are raising using documentation already in your possession.
The...
Q: Can an employer suggest to an employee to waive their protected class rights?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Illinois
on
Answered on Oct 30, 2018
Answered on Oct 30, 2018
Ethan White's answer
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 way, you usually cannot waive your right to bring the claim, but if you win you may not receive any benefit from the victory, because of your waiver. I hope that helps and good luck!
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 way, you usually cannot waive your right to bring the claim, but if you win you may not receive any benefit from the victory, because of your waiver. I hope that helps and good luck!
Q: I need to know if I'm being sued! I got this in an email.
Ethan White's answer
It is impossible to know without more information, but it sounds like whoever sent you the email is seeking to avoid a lawsuit (thus the "pre-lawsuit steps") through some sort of settlement. But again, without knowing the context and facts that attracted the email in the first place, it is difficult to know anything more.
It is impossible to know without more information, but it sounds like whoever sent you the email is seeking to avoid a lawsuit (thus the "pre-lawsuit steps") through some sort of settlement. But again, without knowing the context and facts that attracted the email in the first place, it is difficult to know anything more.
Q: Should a 10% shareholder of an established LLC have access to an independent contractors personal information?
T. J. Jesky's answer
This is a good question. If the 10% shareholder is involved in the day-to-day business operations of the LLC, I can see where they might have access to this information.
If the shareholder is a passive investor, the managing member of the LLC may have passed the line in sharing this information with the 10% shareholder.
This is a good question. If the 10% shareholder is involved in the day-to-day business operations of the LLC, I can see where they might have access to this information.
If the shareholder is a passive investor, the managing member of the LLC may have passed the line in sharing this information with the 10% shareholder.
Q: when providing the complaint what would else need to be filed and can emails be including in the complaint for evidenc
Ethan White's answer
It is not clear what kind of complaint you are trying to file - in court, with an agency (IDHR, EEOC)? Regardless of where you are filing, if there are documents or emails that support your claims, you should reference those in your complaint and attach them if possible. Good luck.
It is not clear what kind of complaint you are trying to file - in court, with an agency (IDHR, EEOC)? Regardless of where you are filing, if there are documents or emails that support your claims, you should reference those in your complaint and attach them if possible. Good luck.
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.
