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Illinois Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Immigration Law for Illinois on
Q: I am currently a full time employee at Amazon so is there is a way to get a green card through the employer?
Kevin L Dixler
Kevin L Dixler
answered on May 19, 2022

It depends. Often, not.

In general, you must be lawfully present in the U.S. in order to become a green card holder. If you have been sponsored and approved for an H1-b visa, then Amazon may only need you on a temporary basis, but this is unclear. If you were approved for a USCIS...
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2 Answers | Asked in Employment Law and Workers' Compensation for Illinois on
Q: If i worked for company A and was injured at company B, if company A covers my workmans comp claim can i still sue B

I was not working or being paid by company A(or B) while at company B. I was injured at company B while performing an action at the behest of an employee at company B. Company A and B are affiliated.

Tim Rose
Tim Rose
answered on May 11, 2022

Not likely. Company B's insurance would cover your injuries and time off from both companies. But you would most likely not be able to sue Company A.

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2 Answers | Asked in Employment Law and Workers' Compensation for Illinois on
Q: If i worked for company A and was injured at company B, if company A covers my workmans comp claim can i still sue B

I was not working or being paid by company A(or B) while at company B. I was injured at company B while performing an action at the behest of an employee at company B. Company A and B are affiliated.

Charles Candiano
Charles Candiano
answered on May 12, 2022

You posted this under Illinois Worker's Compensation law but you clearly state that you are not an employee of either company A nor company B. The Illinois Worker's Compensation act only applies to injuries that are sustained in the course and scope of one's employment. And injury... Read more »

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1 Answer | Asked in Employment Law for Illinois on
Q: Six of our IT group calling in sick one day protected by law or can we be fired for this?

I work in the IT department of a large law firm, I'd like to know if 6 of us call out sick to send our company a message is protected by law or could we be fired for this? We are critical employees and are required to be on-site everyday while most of the company gets a new hybrid work benefit... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 9, 2022

Because you have assembled a group of IT employees that work together in the same department, a department that you say is critically needed, it is highly unlikely that the law firm management will terminate all of you at the same time. It is much more likely that they will identify the leader(s)... Read more »

2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Illinois on
Q: How can I sue my job for mental distress? I asked 3 law firms and they all denied me. They never asked for proof for

anything. They were both Personal injury and employment law firms. What can I do to get what I deserve.

James G. Ahlberg
James G. Ahlberg
answered on Apr 29, 2022

You need to talk to a workers' compensation lawyer.

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1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Illinois on
Q: I was hurt at work ended up with carpal tunnel, then fell and hit my head. Also feel intimidated by my Boss as well

After hurting my hand and having carpal tunnel surgery I was in the enterance of the store were I dont really know what happen next I was on the floor with my head bleeding all I was doing was helping a customer get out the door, the door did not open and is still broken to this day. Was taken to... Read more »

Charles Candiano
Charles Candiano
answered on Apr 27, 2022

I am not addressing the friction with your supervisor. If you wish to address that, you should speak with someone who concentrates on employment law.

I am addressing your work injuries. You do not tell us how you injured your hand. From your description, I will assume that it was a single...
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1 Answer | Asked in Employment Law for Illinois on
Q: Can my employer switch me from salary to hourly without notification, change in job description, or documentation?

I signed a contract in July 2021 stating my employment and salary and my position of Office Manager. The company went through some financial hardship and the owner stopped paying us regularly. When asked about pay, the owners would never directly answer the situation. Eventually, without... Read more »

James G. Ahlberg
James G. Ahlberg
answered on Apr 8, 2022

The non-payment of wages when due is not legal. Go to the website for the Illinois Department of Labor and file a complaint for unpaid wages. It is a very user-friendly website. As for the reduction in pay, your best option is to bring your contract to a lawyer practicing in the field of... Read more »

2 Answers | Asked in Personal Injury, Employment Law and Civil Litigation for Illinois on
Q: Illinois removal from federal court

I am a plaintiff in a case in which the defendant removed the case from state to federal court. It has now been remanded back to state court. Defendants filed a motion to dismiss in fed court which wasnt resolved. Defendants are now seeking to dismiss case in state court based upon the motion to... Read more »

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Feb 26, 2022

I believe that once the federal court is divested of jurisdiction and thus any authority over the pending case, that the motion to dismiss filed in federal court would have to be filed in the state proceeding to heard. That seems to be the case where although the motion to dismiss was filed in the... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Q: I'm being told that because I no longer work there they don't have to pay me my vacation or personal time off ?

I worked there for 3 years an give 2 weeks notice of taken a new job

James G. Ahlberg
James G. Ahlberg
answered on Jan 25, 2022

If your employer is located within the State of Illinois, he is required to pay you the proportion of your vacation which you've earned when you leave the job. For example, if your employer provided two weeks of vacation per year and you worked half the year before leaving, he must pay you for... Read more »

1 Answer | Asked in Domestic Violence and Employment Law for Illinois on
Q: I work at a domestic violence shelter. I have a coworker who has been giving me the silent treatment for months which

Is a form of abuse yet my employer does nothing

Carrie Dyer
Carrie Dyer
answered on Jan 5, 2022

More information is needed to answer your question. Is your coworker singling you out and giving you the silent treatment due to your status in a protected class (race, religion, age, etc)? If not, and the reason for giving you the silent treatment is merely a personality conflict, your employer is... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Does a company have to pay a bonus you have earned if you leave the company?

My husband has earned a large bonus this year. He has received 3 small payments, and the bulk is to be distributed in February 2022. The contract says that the employee must be employed by the company at the end of the year to receive the last payment. My husband has already secured a new job that... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 7, 2021

If the bonus contract requires your husband to be employed through 2021 to earn the bonus, then it can be denied if he doesn't work through the end of the year. If his new employer is flexible on his start date, you may want to see if his start date can be pushed back to still allow him to... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Is it mandatory by Illinois law to take an unpaid meal break?

I deliver packages and I get paid hourly 12pm to around 8pm. Usually I don’t take a break so I can finish earlier as it takes longer delivering in the dark. My employer says that I must take a mandatory unpaid meal break and he states that if I continue to not take one I will be terminated... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 22, 2021

Your employer has a valid point: you have to take a break pursuant to the state labor and employment laws because if you do not (for any reason) that the employer may be accused (even by you) of violations of the state employment law, not to mention civil liability stemming from that violation.

1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Employment Discrimination for Illinois on
Q: Hello. I believe that I have solid discrimination case against my employer. I would like to get a legal perspective.

I believe that I am being wrongfully discharged and I need legal advice. My doctor’s recommendation against my taking vaccinations due to previous medical reactions were rejected by my employer. I also have religious beliefs that do not support my taking the vaccines. My employer fraudulently... Read more »

Charles Candiano
Charles Candiano
answered on Nov 15, 2021

Sorry, but it is a slam-dunk loser. Every court that has addressed compulsory vaccination has found that it was merited. If your children are not vaccinated (against childhood diseases), they CANNOT attend public school. Why should you have an additional opportunity to become infected and to... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Need some help-As an employee is it mandatory by Illinois employment law that I must take a 30 minute unpaid meal break?

I work for a big name delivery company as a driver and I do not take a 30 minute meal break. My employer initially noticed this and is claiming that it is mandatory for me to take a 30 minute break by Illinois law. A week passed and he just messaged me today saying that if I do not take a 30 minute... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 12, 2021

The employer is correct. No providing that break will subject that employe to a de facto state employment law violation. Additionally, permitting you not to take that necessary break will directly subject that employer to a civil suit for damages in several ways.

1 Answer | Asked in Civil Rights, Contracts, Employment Discrimination and Employment Law for Illinois on
Q: What is the statute of limitation on indefinite employment contracts overseas with US based corporation?

I was hired as country manager by a US 500 company in 2013 on indefinite employment terms contract. 12 months later problems started mainly because I refused company illegal way of doing business. As a result, I was fired and sued for criminal charges in the foreign country. In 2019, I won an... Read more »

Jane Kim
Jane Kim
answered on Oct 14, 2021

IL statute of limitations on a breach of contract action is ten years. But first, you have to ascertain which country's laws apply. Did you have a written employment agreement and where was was it signed, in the US or in that foreign country? That's the law that will apply to a breach of... Read more »

1 Answer | Asked in Business Law, Contracts, Employment Law and Workers' Compensation for Illinois on
Q: Can you negotiate a new union contract before the old one has expired if it is in the best interest of the workers ?

I am part of a labor union in Illinois. Since COVID, we have lost many co-workers and applicants to higher-paying non-union jobs in our field. Our contract is not up until January, but if it keeps going this way, we will have no labor force left by then because we cannot stay competitive pay-wise.... Read more »

Charles Candiano
Charles Candiano
answered on Oct 12, 2021

This is a contract law question. Workers' Compensation is an area of law that deals with work-related injuries. Whenever BOTH parties to a contract WANT to make a changes (irrespective of reason), they certainly may.

The Union's response should be "Your hands are NOT tied...
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1 Answer | Asked in Employment Law for Illinois on
Q: I work in at at will state. Can I sue my former employer?

So, I used to work for a big name company and they fired me for calling off due to a icy weather (not sure if I have the vm proofing it) but I do have emails, phone calls are recorded on their end and a letter from unemployment stating that my former employer said they fired me for misconduct and... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 21, 2021

The best legal approach would be scheduling a personal or remote meeting with an Illinois licensed employment (labor) law attorney and discussing possible merits on that legal action in a two way format. Without that it is rather impossible to suggest whether your case has merits.

2 Answers | Asked in Employment Law, Estate Planning and Business Law for Illinois on
Q: Can I list a specific chapter of a fraternity as a beneficiary on a 401K?

I'm opening a 401k with my new employer and want to know if I can list my former fraternity's chapter specifically as my beneficiary or not. Assume that there will be no spouse in the picture and that the beneficiary will be updated if there is.

Charles E. Hutchinson
Charles E. Hutchinson
answered on Sep 13, 2021

I would NOT list your fraternity as a beneficiary to your 401K, but rather make other arrangements in your estate plan. As to if you can name a specific chapter in your fraternity - that could depend on the fraternity, so I cannot give you a good answer on that, you would need to speak to them.... Read more »

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2 Answers | Asked in Employment Law, Workers' Compensation and Small Claims for Illinois on
Q: Is 820 ILCS 105/1-15 does not protect commercial drivers in the state of IL?
Charles Candiano
Charles Candiano
answered on Aug 26, 2021

It protects ALL employees who are Illinois residents.

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1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Can I file a law suit against my employer or find out if others already have - if they are forcing vaccines on employees

That have not been approved by the FDA?

James G. Ahlberg
James G. Ahlberg
answered on Aug 19, 2021

The vaccines have been approved by the FDA on an emergency basis. Your employer is not forcing the vaccine on you. They are simply saying you can't work for them if you aren't vaccinated. Your choice entirely.

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