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Illinois Employment Law Questions & Answers
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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1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: I was terminated from my job and my employer discussed my termination with my coworkers, is this legal?
Cynthia Pietrucha
Cynthia Pietrucha
answered on Mar 1, 2023

I'm sorry about your job termination. It's not necessarily illegal for an employer to discuss your termination with coworkers. However, it depends on what was said and who discussed the termination. How do you know your termination was discussed with co-workers? Did the discussion... View More

3 Answers | Asked in Workers' Compensation and Employment Law for Illinois on
Q: If I was in a work incident and I happened to be the victim could I sue the company for not taking any action?

I had a coworker who threw several boxes product (card sleeves) at me . Three hit my head and the rest hit my body. Anyways my manager told me he had a zero tolerance to that type of stuff and the co worker constantly outrages in the work environment. Yet he still working here so I just want to... View More

Charles Candiano
Charles Candiano
answered on Feb 28, 2023

On your facts, this is neither a personal injury nor a Worker's Compensation claim as you sustained no injury. Your coworker's behavior should be unacceptable to anyone. It is obvious that your supervisor does not have a "zero-tolerance" for such behavior. By definition,... View More

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3 Answers | Asked in Workers' Compensation and Employment Law for Illinois on
Q: If I was in a work incident and I happened to be the victim could I sue the company for not taking any action?

I had a coworker who threw several boxes product (card sleeves) at me . Three hit my head and the rest hit my body. Anyways my manager told me he had a zero tolerance to that type of stuff and the co worker constantly outrages in the work environment. Yet he still working here so I just want to... View More

David Wolkowitz
David Wolkowitz
answered on Feb 28, 2023

If you are injured, you could make a worker's compensation claim against your employer. If your co-worker through something at you, that might be a crime, and you could call the police. However, practically speaking, this will cause problems for your employer, and they may fire you. Perhaps... View More

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3 Answers | Asked in Workers' Compensation and Employment Law for Illinois on
Q: If I was in a work incident and I happened to be the victim could I sue the company for not taking any action?

I had a coworker who threw several boxes product (card sleeves) at me . Three hit my head and the rest hit my body. Anyways my manager told me he had a zero tolerance to that type of stuff and the co worker constantly outrages in the work environment. Yet he still working here so I just want to... View More

Jeremy Wang
Jeremy Wang
answered on Feb 28, 2023

Projectile objects being thrown at your head create an unsafe work environment and also have the potential to cause serious blindness and bodily injury. Report the incident to your manager. If your manager fails to correct the conduct, then report the matter to Human Resources.

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1 Answer | Asked in Cannabis & Marijuana Law, Employment Discrimination and Employment Law for Illinois on
Q: I am being denied employment by a company in chicago because I had marijuana in my drug test. Is this legal? If not what

What are my options?

Cynthia Pietrucha
Cynthia Pietrucha
answered on Feb 24, 2023

Based on the information you've provided, it appears the company's refusal to hire you based on a failed drug test for marijuana does not appear to be illegal. It's really unfair as cannabis metabolites can be detected in urine even 30 days after someone ingests the drug, making it... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: I am unable to do my job due to the state of my mental health, caused by a hostile work environment. What can I do?

After communicating with a supervisor and HR regarding my mental health and concerns about a hostile work environment, including harassment via micro-aggressions and unfair scrutiny/biases, my employer retaliated with increased scrutiny, overt incivility, and a denial of benefits.

A... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 21, 2023

If you haven't already, you should make a written report to your company's HR department regarding the differences in treatment you have observed that may be based on race (based on your message above). While treating some employees more favorably than others is inherently unfair, this... View More

2 Answers | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Harassment at work has been reported and nothing done

I work for the state of illinois. A coworker has harassed me several times recently. I’ve reported it in writing to my supervisor. I’ve sent him the email of the harassment and nothing is done. I’ve also been written up for saying “I’m not a fan of him” when referring to the person... View More

Eva Zelson
Eva Zelson
answered on Feb 9, 2023

You absolutely have the right to work in an environment free from harassment, and your employer has an obligation to do something about it if you report harassment in the workplace to them. However, to qualify legally as a hostile work environment, the harassment must be so severe or pervasive that... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Harassment at work has been reported and nothing done

I work for the state of illinois. A coworker has harassed me several times recently. I’ve reported it in writing to my supervisor. I’ve sent him the email of the harassment and nothing is done. I’ve also been written up for saying “I’m not a fan of him” when referring to the person... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Feb 6, 2023

I'm sorry to hear about your difficult situation. Not all "harassment" is illegal - or in other words being a jerk/rude is not enough to create legal claim. Instead the harassment must be based on a protected class characteristic like race, age, gender, etc. or retaliation because... View More

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2 Answers | Asked in Employment Law and Contracts for Illinois on
Q: Signed non-compete in IL, that I must give 10-day notice & name of my next employer before quitting. Do I have to do so?

I signed a con-compete in Illinois that reads "If for any reason I decide to voluntarily resign from the Company, I acknowledge that the Company requests that I provide at least 10 business days written notice of my intent to leave, the date I want to leave, and (as soon as I know it) the name... View More

James G. Ahlberg
James G. Ahlberg
answered on Feb 2, 2023

I strongly encourage you to have the entire agreement reviewed by a lawyer experienced in employment law to determine how the quoted material stands in relation to the rest of the agreement. It is important that you understand I'm assuming everything within the quotation marks of your question... View More

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2 Answers | Asked in Employment Law and Contracts for Illinois on
Q: Signed non-compete in IL, that I must give 10-day notice & name of my next employer before quitting. Do I have to do so?

I signed a con-compete in Illinois that reads "If for any reason I decide to voluntarily resign from the Company, I acknowledge that the Company requests that I provide at least 10 business days written notice of my intent to leave, the date I want to leave, and (as soon as I know it) the name... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Feb 2, 2023

Your question is missing some important information. Having said that, non-competes are not enforceable in Illinois unless they are reasonable under the circumstances. I do not believe that an Illinois court would find the requirement to disclose a new employer as being unreasonable. I suspect that... View More

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1 Answer | Asked in Employment Law for Illinois on
Q: I had surgery on Friday 1/13/23. I told my boss I needed an extra day (Monday) off. I now have a point against me for it

I am now at work in pain because I fear I will get more points against me. They have a system where if you get 7 points, you’re fired. I’m not sure if this is legal or if there is anything I can do in this situation. I have doctor’s notes for my surgery and my missed day on Monday 1/16/23.

Cynthia Pietrucha
Cynthia Pietrucha
answered on Jan 17, 2023

Sorry to hear about your surgery. If you had a doctor's note for taking Monday off, and your employer would not accept it, you may have a case for denial of reasonable accommodations. Depending on if you qualify for job-protected leave, you may also have a case for violation of the FMLA.... View More

1 Answer | Asked in Employment Law, Business Law and Civil Litigation for Illinois on
Q: I've been asked to sign a release form, was not explicitly said what I needed to sign or that it had to be notarized.

Know All Men By These Presents, That I/we the undersigned, for the sole and only consideration of One Thousand Seven Hundred and Nine 50/100 (1,709.50) paid to me/us in hand by ABC Corp, the receipt whereof is hereby acknowledged, hereby release and discharge, and by these presents do hereby... View More

T. J. Jesky
T. J. Jesky
answered on Nov 26, 2022

It seem like ABC corporation wants to pay you $1,709.50 for a release and discharge for some damaged they caused you. This release is a legally binding agreement used to protect ABC Corporation from having you bring further legal action against them for a number of reasons. They want to close... View More

1 Answer | Asked in Employment Law for Illinois on
Q: Employer isn't tracking vacation time correctly in their payroll software

My former employer under recorded the amount of agreed upon vacation time in their Quickbooks payroll software, and as a result, I was not paid out all of my vacation time upon termination from the company. My paystubs each pay period show available vacation time, and are proof of the fact. My... View More

Nicholas James Crawford
Nicholas James Crawford
answered on Nov 1, 2022

Whether you have recourse depends on what law may apply to your case. Under Illinois law, employers must pay out all earned vacation on the paycheck after termination. While the company is in Illinois, and Illinois law would give you recourse to collect unpaid earned vacation, you reside in... View More

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 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: Do I bother signing a Non solicitation agreement if I quit in 2 weeks? Illinois

Word for word, except for [company]

"I agree not to contact, call upon, or otherwise solicit, whether directly or indirectly, any customers and/or employees of [company], for two (2) years following termination. I agree I am subject to and bound by all policies of [company] and all... View More

John Michael Frick
John Michael Frick
answered on Feb 10, 2023

Why agree to a two year non solicitation agreement if you are leaving your employment in two weeks?

How much is your current employer willing to pay you for such an agreement?

1 Answer | Asked in Employment Law for Illinois on
Q: When to give resignation notice to avoid signing bonus clawback.

I received a $15K signing bonus for a new job last year. I signed an contract agreeing to pay back the bonus if I voluntarily leave within 12 months from date of hire.

I started Oct 11 2021. I accepted a new job offer and would like join on Oct 17th. If I give my two week notice stating my... View More

James G. Ahlberg
James G. Ahlberg
answered on Sep 22, 2022

It would be best to wait until October 12 to give notice to eliminate the potential claim that you must pay back the bonus. Think of it as being paid $15,000 to work those extra few days.

2 Answers | Asked in Business Formation, Employment Law and Social Security for Illinois on
Q: Can i form an llc for my future box truck business while receiving benefits?

am currently 33yrs old.

Three years ago I was driving semi trucks . Stopped due to multiple surgeries (non-work-related).

Currently on Government Benefits.

Temporary Social security disability

Now present time.

Im close to being fully recuperated so its... View More

T. J. Jesky
T. J. Jesky
answered on Sep 11, 2022

The short answer is: Yes. Go ahead and form the LLC. Let it sit until you are ready to make use of it. Unless there is something you have not disclosed, I don't see how forming a LLC will affect your benefits. However, once income starts flowing through your LLC, it may or may not affect... View More

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