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Illinois Employment Law Questions & Answers
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

Cynthia Pietrucha
Cynthia Pietrucha
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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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

Cynthia Pietrucha
Cynthia Pietrucha
answered on Jul 28, 2023

At your Illinois workplace, your employer can install video cameras and secretly videotape you as long as it's vital to the company’s operations. If confronted, the *employer can say the reason for the video surveillance was more important and vital to business operations than the... 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

T. Augustus Claus
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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 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.

T. Augustus Claus
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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

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Is it hard to win a wrongful termination case?

Quick run down, I have been working for the company for over 20 years I am 65 years old . I received a letter that I was terminated with no explantion as of why I was terminated. I have an idea its based off my age and my seniority with the company. I feel like they terminating me because of my age... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Jun 2, 2023

I'm sorry to hear you lost your job after such long tenure. The honest answer is Yes it's hard to win a wrongful termination case, and if you sue, it could take years for a resolution. The burden of proof is on you to show direct and indirect evidence that your age was the factor that... View More

2 Answers | Asked in Employment Law for Illinois on
Q: Can I sue for wrongful termination and/or pain and suffering?

I was discharged March 1, 2023. I applied for and was denied unemployment because I was fired for my conduct. I appealed and went (via webex) in front of an Administrative Law Judge. She sided with me. And in her opinion I was mailed it seems to me she doesn’t believe I should’ve been... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on May 31, 2023

Sorry to hear you lost your job and had to fight the employer over unemployment benefits. You should consult with an Illinois attorney to better understand your options, and make sure you lean on your union to help you. In Illinois, unemployment decisions are not admissible as evidence in court.... View More

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2 Answers | Asked in Employment Law for Illinois on
Q: Can I sue for wrongful termination and/or pain and suffering?

I was discharged March 1, 2023. I applied for and was denied unemployment because I was fired for my conduct. I appealed and went (via webex) in front of an Administrative Law Judge. She sided with me. And in her opinion I was mailed it seems to me she doesn’t believe I should’ve been... View More

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Many layers of different Federal and State law here. First, the decision of the ALJ cannot be used to establish liability in a civil action over termination, but because you are Union, you don't have that anyway. Nor is it useful in your grievance, some of the reasoning could help you but the... View More

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2 Answers | Asked in Employment Law for Illinois on
Q: If my worplace doesnt have an attendance policy or point system would it be wrongful termination if they fire me?

This is in illinois

Cynthia Pietrucha
Cynthia Pietrucha
answered on May 23, 2023

In Illinois, employment relationships are generally considered to be "at-will", which means that an employer can terminate an employee for any reason, as long as it is not unlawful. There are certain exceptions to the at-will employment doctrine, but you must have the facts to support... View More

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2 Answers | Asked in Employment Law for Illinois on
Q: If my worplace doesnt have an attendance policy or point system would it be wrongful termination if they fire me?

This is in illinois

Rhiannon Herbert
Rhiannon Herbert
answered on May 23, 2023

Employers are not required to have any policies or procedures in place for attendance, so generally, the answer to your question is no. However, if you believe your employer has a discriminatory motive for terminating your employment due to an attendance issue (i.e. termination based on race, age,... View More

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1 Answer | Asked in Employment Law for Illinois on
Q: Can an employer terminate for not being able to work if you are under a doctor's care for a medical issue that you are b

I have recently been diagnosed and under continued medical by my doctor for a cyst on the base of my brain and bone infection behind my ears that has caused Vertigo, severe headaches and dizziness.

Due to these conditions my doctor has taken me of work .And I am also not allowed to drive... View More

Nicholas James Crawford
Nicholas James Crawford
answered on May 15, 2023

In order to answer this question fully, additional information is needed. However, in general, individuals who can not work due to a medical condition have some protection under various state and federal laws. Those laws, however, do not provide protection forever and unlimited about of time.... View More

1 Answer | Asked in Employment Law for Illinois on
Q: Hello I have a problem with my employer and the state of Illinois unemployment office trying to draw my benefits

But I live in Tennessee but my employer is in Gurnee Illinois

Cynthia Pietrucha
Cynthia Pietrucha
answered on May 1, 2023

If you're looking for free legal help with your Illinois unemployment benefits, the IDES does offer free attorneys on a case-by-case basis.

As of 5/1/2023, here is what IDES says to do to inquire about free unemployment representation:

As a claimant, which of the two...
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1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Q: Did Amazon violate EEOC law?

I applied to Amazon Web Services and my application was somehow linked to another person with my exact name (except the middle name). This person was able to review my job application and resume, and I was able to view theirs. They also reached out to me on LinkedIn. I'm under the impression... View More

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

It does not sound to me like you suffered unlawful employment discrimination on the basis of race, color, ethnicity, sex, religion, age, disability, or pregnancy.

While it is certainly a good practice to keep job applications confidential, there is no federal law that requires employers to...
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2 Answers | Asked in Business Law, Contracts and Employment Law for Illinois on
Q: Employee Non-Competition and Confidential Information Agreement" enforcement.

Back in 2002, I signed a "Employee Non-Competition and Confidential Information Agreement" with my employer, which is a tire dealer. In 2004 I resigned from this company and worked for a another company about 25 miles away from my previous employer that I resigned from. It was also a tire... View More

T. J. Jesky
T. J. Jesky
answered on Apr 16, 2023

Short answer: No. An employer cannot unreasonably stop you from making a living. Generally, if you sign a Employee Non-Competition and Confidential Information Agreement, it is valid for no more than two years. I have yet to hear of any Court enforcing such a document if it states in the... View More

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2 Answers | Asked in Business Law, Contracts and Employment Law for Illinois on
Q: Employee Non-Competition and Confidential Information Agreement" enforcement.

Back in 2002, I signed a "Employee Non-Competition and Confidential Information Agreement" with my employer, which is a tire dealer. In 2004 I resigned from this company and worked for a another company about 25 miles away from my previous employer that I resigned from. It was also a tire... View More

Eva Zelson
Eva Zelson
answered on Apr 19, 2023

To answer with 100% certainty, an employment lawyer would need to review the terms of the original agreement. However, most non-competitive agreements are valid for a two year period. Given that the document is now more than twenty years old, it is likely unenforceable. Again, for absolute... View More

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1 Answer | Asked in Employment Law for Illinois on
Q: My company has overpaid me and others. This over payment went on for at least six months. Do we have to pay that back?

The overpayments ranged from 3,000 to 18,000 dollars, the error was on the fault of the HR department and the company not having an updated budget report.

Cynthia Pietrucha
Cynthia Pietrucha
answered on Mar 30, 2023

This situation should be governed by the Illinois Wage Payment and Collection Act.

"When an employee agrees an overpayment has been made the entire sum may be deducted on the employee's first regular payday subsequent to the payday on which the overpayment occurred. If an...
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2 Answers | Asked in Employment Law, Immigration Law and Tax Law for Illinois on
Q: Who do I talk to to determine my state residency if I split time between two locations?
James L. Arrasmith
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answered on Mar 29, 2023

If you are unsure about your state residency status because you split time between two locations, you may want to consult with an experienced tax professional or attorney who can help you determine your residency status.

Factors that may be considered when determining residency status...
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1 Answer | Asked in Contracts, Criminal Law, Employment Law and Tax Law for Illinois on
Q: Hi. My previous employer used my SSN for another guy with almost the same Name as mine and I came to know about it when

I received tax document in my mail box. Can I file a law suit & if yes who.

James L. Arrasmith
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answered on Mar 4, 2023

Yes, you may be able to file a lawsuit for identity theft or fraud against your previous employer for using your Social Security number for another person. You should consult with an attorney who specializes in identity theft and employment law to evaluate your options and help you pursue any legal... View More

1 Answer | Asked in Employment Law and Contracts for Illinois on
Q: My former employer signed a written agreement not to continue giving me a bad reference. Is this agreement legal?

I had a lawyer for a reference checking company handle the situation. The lawyer sent the employer a Cease and Desist letter. The company agreed to only provide date of hire, departure, and title of position. The employer sent the lawyer a signed agreement - to avoid getting sued for giving... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Mar 2, 2023

Based on the information provided, it appears you have a breach of contract case. If the relevant deadlines for acting on such a claim have not passed, you can sue the employer for breach of contract.

However, it does not appear you'd have a separate action for the cease and...
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