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Illinois Employment Law Questions & Answers
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.

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
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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

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

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
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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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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
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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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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
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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?
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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

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
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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

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?

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
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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

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
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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

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