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I never requested special accommodations and was let go for failing to provide proof iwas not a harm to myself or others
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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 
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
I believe my right to privacy and civil rights were violated by my employer. As a full-time UPS driver with 9 years of service, I was required to sit in an office with the door open for nearly 4 hours while waiting to take a drug test, which should have been conducted at a testing center. During... View More
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answered on Mar 27, 2025
Your situation at UPS raises legitimate privacy concerns. Being made to wait in an office with the door open for four hours while colleagues inquired about your presence could potentially violate your right to confidentiality during workplace drug testing. Employment drug testing typically includes... View More
My summary judgment was partially denied in favor of the defendant; their motion for summary judgment was granted regarding my discrimination and retaliation claims but denied for my harassment claim. I have evidence supporting my harassment claim, and the defendant's representation dropped... View More
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answered on Mar 26, 2025
Your partial victory at the summary judgment stage is promising. When a judge denies summary judgment on your harassment claim, it means they believe there are genuine factual disputes that deserve a full trial. This doesn't guarantee success, but it indicates your case has enough merit to... View More
I want to leave the father of my child, with whom I am unmarried, and move my son back to Illinois with the support of my family. There is currently no formal custody arrangement, but I plan to set one up once we relocate. The father will likely oppose the move, and he has been aggressive towards... View More
answered on Mar 10, 2025
Find out what relocation laws are in the state you are in and what you have to comply with there, if anything, prior to moving to Illinois.
I am currently on OPT and looking to do unpaid work from home in the actuarial science field with an independent consultant who owns an LLC. We have a mutual agreement to collaborate temporarily while I pursue a full-time actuarial analyst position. I will be working on a list of tasks, such as... View More
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answered on Feb 24, 2025
For OPT compliance, structuring your arrangement as an unpaid internship is typically more appropriate than volunteering, as OPT requires positions to be directly related to your field of study. The LLC should provide you with a formal offer letter detailing your role, responsibilities, hours,... View More
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
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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... View More
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
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
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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
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
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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
IE. a retailer of electronics and an electronics manufacturer
consider*
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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
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
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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... View More
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
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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
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
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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.
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
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.
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.
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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... View More
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
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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
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... View More
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
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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
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
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
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