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Illinois Employment Law Questions & Answers
3 Answers | Asked in Traffic Tickets and Employment Law for Illinois on
Q: Can I get court supervision again for a speeding ticket in IL?

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

Theodore J. Harvatin
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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...
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Q: How can I deal with a drug-abusing and aggressive neighbor in my Illinois condo?

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

Charles Candiano
Charles Candiano
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

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3 Answers | Asked in DUI / DWI and Employment Law for Illinois on
Q: Can I keep my job as RN with aggravated DUI charge at Northwestern Medicine?

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

Robert H. Hanaford
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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

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2 Answers | Asked in Immigration Law, Contracts and Employment Law for Illinois on
Q: Should my wife disclose her EAD status to her H1B cap-exempt employer?

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

Nkem T. Uzoka-Anofienem
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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...
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2 Answers | Asked in Employment Law and Sexual Harassment for Illinois on
Q: Concern about safety and action after reporting a drug policy violation at work in IL.

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

Charles Candiano
Charles Candiano
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

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2 Answers | Asked in Employment Law, Sexual Harassment and Civil Rights for Illinois on
Q: Seeking guidance for workplace sexual assault incident with witnesses and footage from 2017-2018 in Illinois.

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

Charles Candiano
Charles Candiano
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

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2 Answers | Asked in Sexual Harassment and Employment Law for Illinois on
Q: Accused of harassment, investigating in-house, no legal action yet. Next steps?

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?

Charles Candiano
Charles Candiano
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....
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1 Answer | Asked in Bankruptcy and Employment Law for Illinois on
Q: when filing out a proof of claim form against my employer who filed for chapter 7 can I include severence to wages owed?

and if yes how do I caculate severence owed?

James L. Arrasmith
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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...
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2 Answers | Asked in Employment Law, Workers' Compensation, Business Law and Civil Rights for Illinois on
Q: I am being terminated from my job based on performance issues that have been affected by my mental health.

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?

Charles Candiano
Charles Candiano
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

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2 Answers | Asked in Employment Law, Workers' Compensation, Business Law and Civil Rights for Illinois on
Q: I am being terminated from my job based on performance issues that have been affected by my mental health.

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?

James L. Arrasmith
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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

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1 Answer | Asked in Employment Law for Illinois on
Q: Hello - I live and work from my home office in IL. I was terminated on 4/30/2024 by a company in Sumter SC.

The company does not want to pay my $17,500.00 commission. Do I retain a SC or IL attorney?

Cynthia Pietrucha
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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:...
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1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Q: After 7 years I was transferred to a shift I can't work because daycares are not open. If I quit, can I get unemployment

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)

Cynthia Pietrucha
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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...
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1 Answer | Asked in Employment Law for Illinois on
Q: Can I sue my employer for dismissal based on false information?

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.

Michael I. Leonard
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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

1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Q: I made a complaint with employer about race discrimination and they say I’m just making an excuse! Should I go to eeoc?

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

Michael I. Leonard
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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

1 Answer | Asked in Employment Law for Illinois on
Q: I was let go from my company end of November with severance pkg. They haven’t paid bonus, am I eligible? Others got it.

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?

Cynthia Pietrucha
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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...
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1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Is there a time limits to sue a company you use to work for?

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

Cynthia Pietrucha
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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

1 Answer | Asked in Civil Rights, Employment Law and Landlord - Tenant for Illinois on
Q: Even if it’s illegal to live at a commercial business can you be secretly recorded if you stay in a room turned bedroom?

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

James L. Arrasmith
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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

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Have my employment rights been violated?

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

Cynthia Pietrucha
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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

1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: Illinois Worker's Comp

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?

Charles Candiano
Charles Candiano
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

1 Answer | Asked in Employment Law for Illinois on
Q: I was hired fully remote that is on my signed agreement. The company now built a new building and wants me to come in.

Do I have a legal stand point? What should I do?

Cynthia Pietrucha
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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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