Get free answers to your Employment Law legal questions from lawyers in your area.
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?
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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
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
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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answered on Jan 12, 2024
In Illinois, as in many states, unemployment benefits are typically available to individuals who are out of work through no fault of their own and who are ready, willing, and able to work. To collect unemployment benefits, claimants must also be actively seeking employment.
Maternity leave,... View More
Harasses me constantly. He calls me anti gay slurs, I am hetero he insults my intelligence, every time I same anything he interrupts me and makes noises and stutters and such. I loved my job at one time .... Is there anything I can do??
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answered on Jan 11, 2024
If you're facing harassment and discrimination at your workplace in Illinois, there are steps you can take to address the issue. You may want to document instances of harassment, including dates, times, and details of what occurred. Check if your employer has a specific policy on reporting... View More
I have health issues and was not informed that I would be teaching in a building with poor HVAC. Most days of the week I experience headaches and spend most of my free time recuperating. My contract requires a 3 month notice. I am looking for a position outside of teaching with a better work... View More
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answered on Jan 3, 2024
I'm sorry to hear about your situation. If you have a diagnosis from a doctor indicating a disability that contributes to your headaches, it's advisable to explore reasonable accommodation options with your employer. Under the Americans with Disabilities Act (ADA), employers are required... View More
My wife got a strange email few months ago from a guy. It was very strange so I responded by saying hi, who are you? He said he was someone who was very interested in my wife and went on to say a bunch of sexually explicit things in the conversation. He stated he was a "neighbor" and... View More
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answered on Nov 28, 2023
This situation, where your wife received explicit emails from a colleague, is concerning and should be addressed seriously. First, ensure that you have preserved all the emails, including those from the Gmail and company accounts. This evidence is crucial for any future actions.
Given the... View More
Severence contains legalese so hard to see if they mention collecting unemployment as well. Can they legally say that I won't file if I sign this document? If they don't respond to IDES phone calls, will I not be able to get it? I know from past experience with other terminated employees... View More
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answered on Nov 21, 2023
Severance Pay and Illinois Unemployment Benefits
In most states, an employee can collect unemployment benefits only if it’s the employer’s fault you lost your job. For example, if your company can’t afford to pay you anymore or doesn’t like how you perform your job, the... View More
Planning to hire H4Ead candidate
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answered on Nov 18, 2023
When hiring an individual on an H-4 EAD (Employment Authorization Document), your company generally does not need to submit any forms to the Department of Labor or USCIS specifically for their employment. The H-4 EAD allows the holder to work for any employer in the United States without the need... View More
I never requested special accommodations and was let go for failing to provide proof iwas not a harm to myself or others
answered on Nov 23, 2023
If no accommodation was requested and there is no safety issue implicated, your employer has no basis for requesting proof that a disability does or does not exist, which in itself is disability discrimination. Contact a disability discrimination lawyer to discuss the evidence in your case and to... View More
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