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Illinois Employment Law Questions & Answers
2 Answers | Asked in Constitutional Law, Employment Law and Employment Discrimination for Illinois on
Q: I was told in March of 2023 I needed to provide proof i did not have a disability or that I did however I never requeste

I never requested special accommodations and was let go for failing to provide proof iwas not a harm to myself or others

James L. Arrasmith
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answered on Nov 15, 2023

Under the Americans with Disabilities Act (ADA), employers are prohibited from discriminating against employees based on real or perceived disabilities. This includes making unfounded requests for proof of a disability or lack thereof, especially if no accommodation has been requested. If you were... View More

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1 Answer | Asked in Employment Law and Immigration Law for Illinois on
Q: Will I have to enter into the lottery again? What will the process be like for me next time?

I was picked and got an H1b visa stamp last year. However, I did not get into the company that hired me because the employer wanted me to work more hours than regular and have fewer holidays than it should be according to the work law in the U.S. of not abusing foreign employees. Now, I am... View More

James L. Arrasmith
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answered on Oct 9, 2024

Since you were previously selected in the H1B lottery and obtained a visa stamp, you may not need to enter the lottery again if you apply within six years of your initial selection. This allows you to transfer your H1B to a new employer without going through the lottery process again.

If...
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1 Answer | Asked in Criminal Law, Civil Rights, Libel & Slander and Employment Law for Illinois on
Q: Is it illegal for management at a workplace to have their own camera up and record Video & Audio without telling anyone

I have a lot more to add.

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answered on Sep 20, 2024

In most workplaces, recording video and audio without notifying employees can be a legal issue, but it depends on where you are. Laws regarding surveillance vary by country, state, and even local regulations. In many places, it's required to inform employees if they are being recorded,... View More

1 Answer | Asked in Employment Law and Civil Rights for Illinois on
Q: USDC-IL:What is the maximum $ you can put in a settlement demand for intentional emotional distress in a Title VII case?

I currently am ProSe in a Federal Title VII Discrimination case against my employer. I have also charged them with harassment and retaliation. They have over 500 employees. As we are starting discovery I am contemplating sending a settlement demand. Their discriminatory actions and the behavior... View More

James L. Arrasmith
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answered on Sep 16, 2024

In a Title VII case in the U.S. District Court for the Northern District of Illinois (USDC-IL), the amount you can demand for compensatory damages, including emotional distress, is subject to statutory caps under federal law. For an employer with over 500 employees, the maximum cap for combined... View More

Q: What are my legal rights regarding unpaid vacation, sick leave, overtime pay, and unsafe working conditions in my situat

Over the past two years at this job, I didn’t take any paid vacation, wasn’t given paid sick leave when I was ill or injured, and was only paid my regular hourly rate for overtime. Additionally, I had to make deliveries with the truck when others were unavailable, and I couldn’t use my... View More

James L. Arrasmith
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answered on Aug 31, 2024

You have legal rights regarding unpaid vacation, sick leave, overtime pay, and unsafe working conditions. Federal and state labor laws protect your right to receive overtime pay for any hours worked over 40 in a week. If you were not paid properly for those extra hours, you may be entitled to back... View More

1 Answer | Asked in Contracts, Employment Law and Patents (Intellectual Property) for Illinois on
Q: Under the Illinois "Employee Patent Act" Section 2(1)(a)(i), what is the threshold to considered businesses "related"?

IE. a retailer of electronics and an electronics manufacturer

consider*

James L. Arrasmith
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answered on Aug 10, 2024

When considering whether businesses are "related" under the Illinois Employee Patent Act, Section 2(1)(a)(i), the focus is on whether the employee’s invention relates to the employer’s current or anticipated business activities. The threshold involves analyzing the nature of the... View More

1 Answer | Asked in Employment Law and Immigration Law for Illinois on
Q: My question is regarding an early H1-B visa transfer to a new employer before it activates on Oct 1st, 2024.

I am on an F1-OPT "Cap-gap" visa period until Sept 30th. I got my H1-B visa registration picked in the lottery this year and it was approved in July as a change of Status. My H1-B will activate on Oct 1st, 2024. I have the original I-797 approval receipts and I-94 with me.

I got... View More

James L. Arrasmith
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answered on Aug 7, 2024

1) Yes, you can transfer your H1-B to a new employer before October 1st even though it has not activated yet. The new employer can file a petition for your H1-B transfer.

2) If the H1-B transfer gets an RFE (Request for Evidence) or denial, it does not affect your original approved H1-B...
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1 Answer | Asked in Employment Law, Election Law, Gov & Administrative Law and Military Law for Illinois on
Q: Is it prohibited for an active duty US soldier to also hold office as a town/city alderman in Illinois?

I am a federal litigation paralegal and I can't find any information on this. I will be seeking enlistment in either the navy, coast guard, air force, or space force after my FAFSA runs out to repay my student debt and to gain access to the GI bill to do my graduate studies. While in active... View More

James L. Arrasmith
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answered on Aug 5, 2024

You are correct to consider the regulations at both the state and federal levels. The federal law, specifically the Hatch Act, does restrict the political activities of certain federal employees, including members of the armed forces. The Hatch Act primarily prohibits active duty military personnel... View More

1 Answer | Asked in Employment Law for Illinois on
Q: I lease a tractor trailer in Illinois and worked for them. They have not paid me. Do I need a lawyer from Il.?

I never signed a lease. We communicated mostly through email and text. They have my maintenance, escrow and final 3 weeks of pay withheld. I was supposed to lease a truck, but it never was ready. I was told I would get everything back, but they quit communicating after I came back to Louisiana.... View More

Michael I. Leonard
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answered on May 2, 2024

You do not have to retain a lawyer, but from the sounds of it, you may not get very far without one. You might also reach out the Illinois Department of Labor, or go to its website. You can file a Charge on-line for unpaid wages under certain circumstances.

1 Answer | Asked in Employment Law for Illinois on
Q: How do I find a Ilinois attorney

I have an EEOC for discrimination against my employer in Chicago. I work from home in Georgia. The EEOC has determined that my case is eligible for immediate mediation (I have not yet agreed to mediation) My employer refused to promote me to higher positions in the company as well as stated that... View More

John Michael Frick
John Michael Frick
answered on Mar 12, 2024

Click on the "Find a Lawyer" tab. Fill in the box on the left "employment law" and fill in the box on the right with a city near you in Illinois.

Then scroll through the profiles of the Illinois attorneys.

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Illinois on
Q: wrongful termination based on race and religion

I was hired than a company for a period of time and the end of the 90 days period I got fired based on this wrongfully termination I got severed damaged financially mentally and emotionally through a lot of abused and harassment at the workplace my case right now at the federal court.

T. Augustus Claus
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answered on Nov 2, 2023

The law protects employees from being fired for their race, religion, age, gender, disability, or other protected characteristics.

To win a wrongful termination lawsuit, you must prove that your employer fired you for an illegal reason. You can do this by providing evidence of...
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1 Answer | Asked in Employment Law for Illinois on
Q: Can i get unemployment if i cannot mentally handle my job?

I had a spine straightening surgery in July, my dr has me working from home but my boss doesn’t want me to so he is being EXTREMELY difficult to the point that i’m now on anxiety meds and have to see a therapist. Ive been sick with anxiety for over a month. Can i get unemployment for mental... View More

James L. Arrasmith
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answered on Oct 28, 2023

In Illinois, you may qualify for unemployment benefits if you leave your job for "good cause." Medical conditions, including mental health issues, could be considered "good cause" if they prevent you from performing your job duties. If your doctor has advised you to work from... View More

2 Answers | Asked in Employment Law for Illinois on
Q: In IL, former employee was paid bonus but should not have been. Identified a month ago. Employee quit but owes money;

Can employer withhold final pay and accrued PTO to get some of the money back?

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answered on Oct 27, 2023

Refer to IDOL's Deductions From Pay FAQ

https://labor.illinois.gov/faqs/deductions-from-pay-faq.html

FAQ #6 states:

6. Can an employer make deductions from my pay for overpayments made to me?

When an employee agrees an overpayment has been made the entire sum...
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1 Answer | Asked in Employment Law, Tax Law, Banking and Securities Law for Illinois on
Q: I got stock as bonus, but the stock price dropped. Now I owe tax on original amount but the stock isn't worth to cover.

I received stock in the form of RSU, but at the time it was over $100 a share higher than it is now. Now I'm being taxed off of the original stock amount since it is looked at as a "cash bonus", but even selling the stock I can't raise the capital needed to cover that tax... View More

James L. Arrasmith
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answered on Sep 14, 2023

The taxation of RSUs can be complex, and it's unfortunate that the stock's value has dropped significantly. You're correct that capital losses can often be used to offset capital gains, but there may be limitations on the amount you can deduct in a given tax year. I recommend... View More

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Illinois on
Q: Can I sue my employer after developing chronic degenerative orthopedic diagnosis that was likely caused by my job?

I, 33 year old female, was recently diagnosed with lower lumbar facet arthrosis. I was told by my chiropractor that this typically isn't seen in patients my age, this is something that occurs in older patients. I have been working at a factory for over 12 years and believe this diagnosis was... View More

Charles Candiano
Charles Candiano
answered on Aug 16, 2023

First of all, when you are injured at work, you can never sue your employer. Your sole remedy is to file a claim with the Illinois Worker's Compensation Commission. To succeed in a Worker's Compensation claim, it is essential that you provide a sound causation opinion from a credible... View More

1 Answer | Asked in Employment Law for Illinois on
Q: Can an employer require me to attend meetings on my day off?

I am an exempt, salaried restaurant manager in Illinois. More and more we are being required to attend video meetings on our days off. I spent 3 hours of my last day off on video conferences. Is the employer allowed to mandate this on days off without compensatory time? Do they just own me... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

Federal and state laws require employers to compensate employees for time employed. "Employed" includes time you are permitted, allowed or required to work. "Suffered to work" is another phrase used. If these are "required" meetings, then the employer is obligated to... View More

2 Answers | Asked in Employment Law for Illinois on
Q: At my work the boss installed a camera with audio recording I live in Illinois

Not one of the workers in the office new about this. He went as far as to tape over the lights so you could not see them. When confronted about this he said he did not know where it came from. He said maybe the fire department snuck across while we were gone and installed it. He later admitted he... View More

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answered on Jul 28, 2023

My answer - NOT legal advice: This answer might surprise you, but this is okay to do in Illinois. In one of my Illinois jobs, I found out my boss was secretly listening to my telephone calls. Shady but not illegal. Telephone and video monitoring (and email monitoring) in Illinois workplaces is... View More

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1 Answer | Asked in Employment Law for Illinois on
Q: My employeer makes us stay 3 minutes after our scheduled time with no extra pay I am just wondering the legality

I work in a call center for a Credit Union and they require the closers to stay 3 extra minutes after our shift is over with no extra pay as it doesn't round up the time clock. Previous to this I worked for a casino and I heard of a casino out in vegas getting sued for making their employees... View More

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answered on Jul 21, 2023

According to the Fair Labor Standards Act (FLSA), employers must compensate employees for all hours worked, including any time spent working beyond their scheduled shift.

If your employer is requiring you to stay an extra three minutes after your scheduled shift without paying you for that...
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1 Answer | Asked in Bankruptcy, Employment Law, Products Liability and Real Estate Law for Illinois on
Q: i owe to CarleBromenn hospital 28000, i had not insurance on those days, is there something that i can do? thanks

i owe to CarleBromenn hospital 28000, i had not insurance on those days (i get into emergency room due to a kidney stone), my insurance were activated like a week after that and i have no way to pay 28000, thanks

Timothy Denison
Timothy Denison
answered on Jul 17, 2023

You might look into filing a bankruptcy, depending on your financial situation.

1 Answer | Asked in Employment Law for Illinois on
Q: I am a minor working with a sex offender, are they required to inform me? is my employer required to inform me?

I have been working at a gas station for a few months, not knowing one of my coworkers is a registered sex offender. My employer knows he is a sex offender yet has not taken action to inform me.

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answered on Jul 11, 2023

There is no specific law that requires an employer to inform employees if one of their coworkers is a registered sex offender. On the other hand, registered sex offenders are typically subject to certain restrictions and requirements, which may include limitations on their proximity to certain... View More

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