Get free answers to your Employment Law legal questions from lawyers in your area.
I am 19 and live in Illinois, currently holding an under-21 driver's license. I was on court supervision for a ticket received in December 2024 for having my license plate covered in Lee County, IL, while doing donuts in a parking lot. I completed all the supervision requirements by March 19,... View More 
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answered on Jun 4, 2025
First off, nice job of laying out all the relevant facts. You completed the first supervision successfully. They can't undo that now.
As far as what your chances are on the second one, hard to say but there is no law that says you cannot receive another supervision based upon the... View More
I live in a condominium and have a neighbor who abuses marijuana, other drugs, and alcohol. He is aggressive and often hosts similar individuals on his patio, which is next to mine. This disturbance makes it difficult for me to open my windows or use my yard peacefully, and during winter, the smell... View More
answered on May 9, 2025
First of all, does the condominium Association impose any restriction on smoking by the residents? If it does, you need to address your concerns with the condominium Association. Many condominium associations have restrictions on nuisance smoke, particularly smoke resulting from the use of... View More
I'm an RN working in the Emergency Room for Northwestern Medicine. I recently received an aggravated DUI charge and am facing felony charges. My duties haven't been affected, and I've informed my employer about the situation. I'm currently enrolled in an Intensive Outpatient... View More
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answered on May 3, 2025
Probably. However, there is likely a self reporting requirement and you had best contact a lawyer that is familiar with representing nurses before the Illinois Department of professional Regulations. I have seen in past cases where the nurse is put on a period of probation with conditions. But... View More
My wife, who is on an H1B cap-exempt visa, is a dentist married to me, a U.S. citizen. She recently obtained her EAD through me, and she wants to resign from her H1B cap-exempt position. Her employment agreement does not mention any obligation to disclose her EAD status. She currently lives two... View More
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answered on Apr 28, 2025
Whether your wife should disclose her Employment Authorization Document (EAD) status to her H-1B cap-exempt employer depends on several factors, including company policies, immigration implications, and personal preferences.
Here is the key consideration:
Legal Requirement: There... View More
I reported an incident where an employee returned from a break smelling of marijuana, which violates our company's zero-tolerance drug policy. After reporting the incident to management, I faced intimidation and felt unsafe due to colleagues' threatening behavior, including making violent... View More
answered on Apr 27, 2025
Unless you are the employee's direct supervisor and you have the authority to discipline/fire employees, you wouldn't expect your employer to terminate the employee based solely on your report. It has nothing to do with your veracity but your employer cannot assume the liability for... View More
I was sexually assaulted at work around 2017 or 2018. Despite having witnesses and camera footage, my manager did not report the incident to the police or take any action. I had to continue serving the customer involved. I spoke to a psychiatrist about it, but he said it wasn't sexual assault.... View More
answered on Apr 3, 2025
You claim that you were sexually assaulted 8 or 9 years ago. You also tell us that your psychiatrist advised you the situation that you conveyed did NOTconstitute sexual assault. You tell us that your manager made NO police report but your manager was not assaulted. You claim that you were... View More
I have been accused of harassment, with claims that I said something inappropriate to the accuser. However, I did not say what they claim, and I do not know who the accuser is. The matter is currently being investigated in-house, with no legal proceedings in place yet. What should I do now?
answered on Mar 22, 2025
Do not agree to be interrogated without representation.
If you have been accused of saying something and you know that you did not say it, then you know exactly what you are accused of saying. Usually, there are a limited number of people to whom the comment could have been addressed.... View More
and if yes how do I caculate severence owed?
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answered on Jul 21, 2024
Yes, you can include severance in the wages owed when filing a proof of claim form against your employer who filed for Chapter 7 bankruptcy. Severance pay is typically considered part of wages and can be claimed as such.
To calculate the severance owed, refer to your employment contract or... View More
Do I have grounds to seek legal action regarding my termination based on mental health and substance abuse without being offered treatment or even severance?
answered on Jun 2, 2024
Worker's Compensation is a specialized area of law that only concerns job-related injuries. Your question is more related to employment law. Most people are at-will employees. You may have an employee handbook or union contract that provides additional rights. That said, any physical or... View More
Do I have grounds to seek legal action regarding my termination based on mental health and substance abuse without being offered treatment or even severance?
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answered on Jun 3, 2024
You may have grounds to seek legal action if your termination was influenced by your mental health or substance abuse issues. It's important to determine if your employer was aware of your condition and whether they failed to provide reasonable accommodations or treatment options as required... View More
The company does not want to pay my $17,500.00 commission. Do I retain a SC or IL attorney?
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answered on May 29, 2024
I'm sorry to hear you lost your job. Usually, I tell my remote employee clients that they are employees of the state they pay taxes to. However, it can get complicated. Here are some points to consider:
Here are a few steps you can take:
Review Your Employment Agreement:... View More
I and my labor union have put in transfer request but they have not been honored. I have been out of work for 5 months now because they won't accommodate me. (I am in Chicago)
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answered on May 14, 2024
Great question. The 1985 case I copied/pasted below should help you understand your rights to unemployment benefits when you have to quit because your employer changes your shift:
ISSUE/DIGEST CODE Voluntary Leaving/ VL 50.05
DOCKET/DATE ABR-83-12308/8-9-85
AUTHORITY... View More
My employer is planning to restructure our group, which will involve reallocating my team to other areas and eliminating my position. I have a copy of a draft letter from my manager to Human Resources that uses inaccurate information to justify these changes.
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answered on May 8, 2024
The mere fact that the information underlying the restructuring or RIF is inaccurate does not, by itself, create a legal claim for you. You would need to demonstrate that the restructuring was done in a discriminatory manner. So, the false information might still be relevant to a potential... View More
I’ve went to my employer about being racially discriminated and harassed. After that they pull the only other person of my race in the office. They ask him if he feels discriminated against he tells them no. At the end of the conversation my branch manager tells the other guy that he feels like... View More
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answered on May 2, 2024
You can always file a Charge of Discrimination with either or both the Illinois Department of Human Rights or the Federal Equal Employment Opportunity Commission. However, keep in mind that, in general, you need to be able to show that you have suffered an "adverse employment" action.... View More
Am aware I did the max sales, others got bonus but not me. None did achieve the exact sales target but only I was not paid. Please help me if am eligible & can claim?
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answered on Apr 10, 2024
Sorry to hear about your recent job loss. Whether you are entitled to your bonus depends on (1) the company's bonus policy and (2) the terms and conditions of your severance package.
Most separation packages address whether you are entitled to the bonus by either (1) explicitly... View More
The assistant manager named Cerica who worked the same position as me, one day got mad because I removed a sticky note she wrote so she tracked me down in the hotel, got in my face threatening to beat me up and throw me over the balcony on the 2nd floor, she proceeded to call me racial slurs,... View More
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answered on Apr 3, 2024
I'm sorry to hear about your situation. DO NOT DELAY. Your legal rights have strict deadlines. If you wish to sue the company for something like racial discrimination in Illinois, your deadlines can be as short as within 300 days of the alleged discrimination if your allegations require a... View More
An acquaintance has offered for me to stay at his business while I also work for him. There is a room that’s been my place of dwelling for the past couple of months. He gave me an opportunity to stay there instead of doing hotels everyday because it’s closer for me from the workplace and to... View More
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answered on Mar 18, 2024
Living in a commercial space can present unique challenges, especially when it comes to privacy. It's important to know that regardless of the legality of your living situation, your right to a reasonable expectation of privacy in areas considered private, such as a living space or bedroom,... View More
I was unofficially fired, now being forced to beg supervisor to keep my job. Fired for leaving during my shift. I left because I was suffering from injuries obtained that same morning from a DV attack at home. I was only recently informed of VESSA. I do not believe my employer has any posting for... View More
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answered on Feb 22, 2024
Based on the details provided, it appears that your employment rights may have been violated under the Illinois Victims' Economic Security and Safety Act (VESSA). VESSA provides certain rights to employees who are victims of domestic or sexual violence, or who have family or household members... View More
If I have a candidate working remotely in Illinois but their base is in Indiana, do I have to add Illinois to my worker's comp insurance or can I just keep Indiana's and be covered?
answered on Jan 31, 2024
You are using words that are amenable to multiple interpretations. If you mean to say that you have an employee who lives and works in Indiana for your business that is headquartered in Illinois, you need to have Worker's Compensation insurance in Illinois. If a worker sustained a... View More
Do I have a legal stand point? What should I do?
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answered on Jan 22, 2024
Your situation may indeed involve a potential breach of contract, depending on the specific terms outlined in your signed employment agreement. If your contract explicitly states that your position is fully remote, the company's request for you to work in-person at a new building could be a... View More
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