Lawyers, Answer Questions  & Get Points Log In
Illinois Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Illinois on
Q: Can a Company make you where a work uniform and then make you work 8 hours clock out in your uniform and then change.

Work at a bakery

Maurice Mandel II
Maurice Mandel II answered on May 21, 2020

This question concerns the "donning and doffing" rule. When the uniform or other special equipment is worn for the convenience of the employer, the time to put it on and take it off is ON THE CLOCK. This could be under either your state's law or under the FLSA.

Keep track...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: I work as a dental hygienist in Illinois. I get paid on commission. (what I produce Minus any deductions)

That Dr will subtract any discounts he gives to patients also. I am required to attend office meetings and training, but was told I will not get paid. He said, "I can not make you come, but if you don't you should look for another job." I am also required to make phone calls and... Read more »

Kyle Anderson
Kyle Anderson answered on May 20, 2020

Are you working more than 40 hours per week when you combine the patients you see, the meetings/trainings, and the phone calls to confirm appointments? If you are, there may be an overtime violation here. Employers can only apply an overtime exemption to an employee it pays exclusively by... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: My boss is making me work 7 days a week, 10 hours a day. When asked he said there isn’t a labor law for illinois
Cynthia Pietrucha
Cynthia Pietrucha answered on Apr 21, 2020

Illinois has a labor law called the One Day Rest in Seven Act (820 ILCS 140/1 et seq.). The One Day Rest in Seven Act requires at least 24 hours of rest for an employee in every calendar week. This means Illinois employees cannot be forced into working 7 days in a row unless the employee... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: I am a non-clinical healthcare worker & considered exempt from the new law. I no longer have childcare, what are options
Kyle Anderson
Kyle Anderson answered on Apr 15, 2020

Exempt from the Families First Coronavirus Response Act? The Act covers all employers with fewer than 500 employees. However, a small business with fewer than 50 employees may be exempt from the Act if the Act's leave requirements would jeopardize the viability of the business.

If...
Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: I called in with a stomach ache/headache can my employer force me to see MD and get note now or take 14 unpaid days.

These symptoms are not Coronavirus related nor did i have any. My choice was md now and get note or take the 14 days unpaid leave..this was on Thursday.

Cynthia Pietrucha
Cynthia Pietrucha answered on Apr 14, 2020

Sorry to hear you weren't feeling well! In summary, the employer can force you to get a doctors' note stating you are "fit for duty" after you've been out for a medical condition.

The federal government has discussed this via the EEOC, by addressing federal...
Read more »

Q: What type of legal document do I need to file to request that a court ORDER Unemployment Agency to take paper Applicatio

I am from Illinois and I recently tried to file for unemployment due to COVID-19 by mailing a paper copy of the official IDES unemployment form(which I downloaded and printed from a PDF file on their website).

I received a call days later that they would not accept paper applications and... Read more »

Charles Candiano
Charles Candiano answered on Apr 12, 2020

In general, an agency has the ability to promulgate administrative rules. If their refusal to accept a paper application effectively denied your benefits, it might be possible. Under the current circumstances where the majority of the population is under a stay-at-home order, nearly all government... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: My job is planning to deny my pay from the FFCRA. They have more than 50 employees. Am I entitled to 2/3rds wages?
Cynthia Rote
Cynthia Rote answered on Apr 10, 2020

This depends on why you are unable to work.

The FFCRA provides that employers must provide all employees:

~ Two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay where the employee is unable to work because the employee is quarantined, and/or...
Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: As a legal adult in Illinois, can my boss tell my parents I’m in trouble at work?

She doesn’t know them and barely knows me. They are not my emergency contact. She said she was going to talk to me about it but hadn’t muttered a word to me about it the 2 days I worked the same day as her.

Charles Candiano
Charles Candiano answered on Mar 29, 2020

She cannot divulge your medical history. Without commenting on the propriety, it is not illegal for her to tell ANYONE that you are in trouble at work, provided that she states only facts.

1 Answer | Asked in Banking, Business Law and Employment Law for Illinois on
Q: The company pay date Is today for my time owed me. They say there will be a “delay”. What can I do to get my money?

This company has been using payroll checks that can’t be cashed because of insufficient funds for over 3 months now

Robert Shipley
Robert Shipley answered on Mar 27, 2020

Based upon your description I would recommend that you contact the Illinois Department of Labor and make a claim for the salary/wages you are apparently owed which have not been paid for three months. Here is a link to the website: https://www2.illinois.gov/idol/Pages/Complaints.aspx... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Is unpaid leave equivalent to a separation in employment which would trigger pay out of earned vacation
James G. Ahlberg
James G. Ahlberg answered on Mar 26, 2020

No. The Illinois Wage Payment and Collection Act refers to an employee who "resigns or is terminated" as being entitled to receive his or her earned vacation pay. It wouldn't hurt to ask your employer if they'll pay out your vacation pay however. An employer can do it if... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: With the new law passed for coronavirus sick pay, would I be eligible if I elect to stay home or do I need a doctors not

My employer was stating I need to be confirmed that I have the virus before I can get payed leave

Robert Shipley
Robert Shipley answered on Mar 23, 2020

Generally, an employer is permitted to have a policy which requires an employee to provide written confirmation from their medical provider when treatment has been received for a condition or illness which has caused the employee to miss time from work. Whether the time off is compensable depends... Read more »

1 Answer | Asked in Employment Law and Immigration Law for Illinois on
Q: Can I get a new job if my Green Card is expired? I'm not sure that I can get an i-551 stamp before my job starts.

Can I provide other proof instead? Such as a social security number and an id?

Adan Vega
Adan Vega answered on Mar 20, 2020

You can apply for a job position with a prospective employer by submitting a valid driver’s license and an unrestricted social security card at the time the prospective employer presents you with the FORM I-9. You will need to indicate that you are a permanent resident on the FORM I-9.... Read more »

2 Answers | Asked in Employment Law for Illinois on
Q: I am a 63 year old woman, working for the same company 14 years. Company changed my position and didn't give me options.

This is an entirely different position. I was told in December that they were looking for a place to "put" me. I had no choice in the matter or given any option, company focus was changing to some extent. Went from outside sales management, to working with inside global education... Read more »

Kyle Anderson
Kyle Anderson answered on Mar 18, 2020

I would reach out to an employment lawyer in your state to go over options. I'm not sure about Illinois, but in Ohio you would typically not be eligible to receive unemployment if you quit.

View More Answers

1 Answer | Asked in Employment Law for Illinois on
Q: Will I have to pay an employee I let go due to downturn in business due to coronavirus?
Robert Shipley
Robert Shipley answered on Mar 16, 2020

On a general basis, if an employee is ‘at will’ meaning they do not have an employment contract or subject to a union contract which might impact the terms of the employment, then such an employee can be terminated for any or no reason. The employee must be paid for the hours worked and any... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: How do I prove I was discriminated against in IL?

I am a white male and took a bartending position at a Chinese restaurant. I was told I'd be making "3 grand easy", upon being hired. Turned out that I was making under minimum wage and was only receiving customers when all the other - Chinese born - employees were overwhelmed.... Read more »

Cynthia Pietrucha
Cynthia Pietrucha answered on Mar 16, 2020

Under normal circumstances, you would have to complain to the Chinese restaurant management/HR about the perceived discrimination, giving them the opportunity to investigate or otherwise resolve the situation. However, considering Illinois restaurants/bars are going to be closed for dine-in... Read more »

1 Answer | Asked in Employment Law and Business Law for Illinois on
Q: Can an employer demand reimbursement for hiring expenses if the employee quits?

Employee has been employed for 3 months and this was never disclosed as a condition of employment. No contract/agreement is in place agreeing to reimburse employer for hiring expenses.

James G. Ahlberg
James G. Ahlberg answered on Mar 11, 2020

No.

1 Answer | Asked in Employment Law for Illinois on
Q: Can an employer place a job post online for my position when I have not given a notice to leave my job?

I reported to HR abusive treatment from my supervisor and asked to be transferred to another dept. There was only one other position in the practice available. I spoke to the manager of that position and realized I had no qualifications for it. I reported back to HR that I was not qualified for... Read more »

Greg Mansell
Greg Mansell answered on Mar 4, 2020

An employer can make a post for any position, including your position or a similar position, without providing any notice to you. If you reported abusive behavior based on a protected class (For example, abusive behavior toward you because of your race, medical leave, religion, etc.) then it is... Read more »

2 Answers | Asked in Employment Law, Gov & Administrative Law and Small Claims for Illinois on
Q: Should I contact a lawyer first about reporting wage & labor disputes with my employer?

I worked for a restaurant chain since 2013. I was hired for 1 hourly position at a specific rate, then cross-trained & given promotions w/raises over the years. I've had issues for years with my time clocks being manually edited by different mgers, i was paid incorrect rates than what i... Read more »

Carrie Dyer
Carrie Dyer answered on Mar 4, 2020

You should immediately reach out to an employment lawyer to discuss potential claims under the Fair Labor Standards Act and Illinois law. If you were not paid at least minimum wage (hourly rate & tips combined) for all hours worked, and you were not paid overtime for all hours you worked in... Read more »

View More Answers

3 Answers | Asked in Employment Law, Workers' Compensation, Public Benefits and Small Claims for Illinois on
Q: Can I file for TTD benefits while I work w/ a laywer to file workmans comp if my employer wouldn't report my injuries?

After an incident at work over the holidays I saw my DR & found out I have bilateral carpal tunnel w/severe damage in my right wrist. She advised me not to return to work until after seeing an orthopedic specialist for possible surgery. I told her that I couldn't afford to & she agreed... Read more »

Steven Sigmond
Steven Sigmond answered on Mar 4, 2020

Yes, you can.

As long as you've reported the work-injury to your boss right away (and you have), you have up to three years to file a workers compensation case. Your employer can't file the case for you. All they can do is turn the matter over to their insurance company or not....
Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.