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COVID-19 Illinois Questions & Answers
1 Answer | Asked in Employment Law for Illinois on
Q: Can I get another job while on administrative paid leave?

I'm currently on administrative paid leave due to my pre-existing health condition that prevents me from wearing a mask

(mask wearing policy is new due to covid pandemic) and I can not work from home to do my job as a warehouse receiver. Can I get another job while on admin leave? Can... View More

Kyle Anderson
Kyle Anderson
answered on Jul 22, 2020

Hi, do you have any employment contract or agreement that you signed? Sometimes employers have non-compete provisions in those agreements that would subject you to litigation if you accepted another job and were in violation of it. Otherwise, generally speaking there is no law precluding you from... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Illinois on
Q: Can anyone help me with legal advice for child custody concern because of covid and school?

My ex husband and I divorced in 2018 in state of Missouri. Shortly after divorce I moved to Illinois with current fiancé. We share 50/50 physical and sole custody. Two children, boy(5) girl(3) both was enrolled in school in Illinois. Son attended pre-k last school year. Daughter attended 0-3 at... View More

Cheryl Powell
Cheryl Powell
answered on Jul 21, 2020

If you have joint decision making and he does not want them to attend school, your agreement should state that you go to mediation. At mediation, you decide whether or not you agree. If you do not reach an agreement at mediation, he has the right to ask you to go to court.

2 Answers | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: How hard is it to get full custody as a dad?

The mother of my kids doesn't let me get share custody. Now she has blocked me and my wife and can't get in contact with her or my kids. Im tired of this. I just want shared custody over my kids. My kids have mentioned to me that want to live with me? Does it help if I file for custody... View More

George W. Svoboda
George W. Svoboda
answered on Jul 21, 2020

Getting full custody may be difficult. The mother has rights too, unless she is abusive or neglectful. The children's wishes may be taken into account depending on their ages. Remember, they probably say different things to each parent. That is typical survival behavior. They want to please... View More

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1 Answer | Asked in Elder Law for Illinois on
Q: My mom has undiagnosed dementia, refuses to see a doctor, needs a guardian. How can I start the process w/o medical?

She ran over a motorcyclist, was cited, and currently FTA 30 day notice for court. She is paying her bills twice. Lost her cell phone 4 times in 3 months. Shift in behavior. since she is unable to manage some of her bills, she calls me, and I am unable to help since no POA. I was asked by her... View More

George W. Svoboda
George W. Svoboda
answered on Jul 20, 2020

In order to have someone declared incompetent, you will need to file for guardianship. Yes, you will need a lawyer, because this process is too complicated for you to be successful without one. Also, you listed this question under Washington DC. If you do not live in IL, you will have a hard time... View More

2 Answers | Asked in Traffic Tickets for Illinois on
Q: Can a speeding ticket be dismissed if court date has been changed for a long period of time?

I received a speeding ticket back in April when this pandemic situation was going on, officer said he clocked me at 49 on a 25, I tried explaining the officer I was on an emergency reason to me speeding and I wasn’t unaware how fast I was going, also officer did not pull me over until I already... View More

David J. Winer
David J. Winer
answered on Jun 28, 2020

If you cannot afford a lawyer then call the Clerk of the Court where the ticket is assigned and ask them how to set your case for a traal. With the COVID closures every courthouse has different rules. Once it is set for a trial you have to plead and explain your case to the judge.

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3 Answers | Asked in Traffic Tickets for Illinois on
Q: I live in Illinois and I got a speeding ticket. Do I have to go to court in person to request court supervision?

I want to request court supervision, but going into court is a problem right now because of the Covid-19 pandemic. I live with several at-risk family members. Can I request court supervision by mail?

Brandon K. Davis
PREMIUM
Brandon K. Davis
answered on Jun 21, 2020

That depends on the type of speeding ticket and the courthouse where it is assigned. If your ticket is not marked as “must appear” or required court appearance, you should have been given instructions along with your ticket. The instructions may be an envelope or on the back of your ticket. If... View More

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1 Answer | Asked in Employment Law for Illinois on
Q: How can I stop my employer from tip pooling?

We were all brought back to the restaurant for outside sitting. They have recieved the PPP and are paying everyone $10 plus tips are being pooled now. Prior to covid, the busses and runners were tipped a percentage. Now they are getting equal shares based on hours. Basically, the kids got a pay... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 17, 2020

Under the Fair Labor Standards Act, tip pools are permissible as long as tips are only being pooled between people who would ordinarily receive tips or contribute to the customer's tip. This includes servers and bartenders as well as bussers and runners. As long as you do NOT have to pool tips... View More

2 Answers | Asked in Immigration Law for Illinois on
Q: Can I go back to my country without completing my EOS process? I overstayed because of Covid-19.

I overstayed here in America due to Covid-19 but I filed and EOS before the expiration of I-94. I am just worried that I won't be able to comeback here in the U.S. without the EOS decision

Ify Princess Ikeakanam
Ify Princess Ikeakanam
answered on Jun 12, 2020

Hello. Yes, if you have an extension application pending, it is possible to travel without abandoning the application. This is different from Adjustment of status, where leaving the U.S. will result in abandoning the application, resulting in a denial. Moreover, COVID 19 is a worldwide pandemic and... View More

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1 Answer | Asked in Immigration Law for Illinois on
Q: Using medicaid or other health insurance benefits while on a tourist visa and pregnant.

My wife and I came to visit my parents in January, but due to the COVID-19 pandemic, we have been unable to return back to China. I am an American citizen and my wife is a Chinese citizen with a 10 year tourist visa, allowing her to stay six months at one time. She is also soon to be 8 months... View More

Kevin L Dixler
Kevin L Dixler
answered on Jun 11, 2020

Due to current changes in the definition of who is a public charge, such a decision may indefinitely bar her from ever getting an immigrant visa. This, even if she is married to you. The new rules have been challenged in the 7th Circuit which covers Illinois. Yet, the outcome of that case is... View More

1 Answer | Asked in Family Law and Immigration Law for Illinois on
Q: Canadian fiance wants to come to US to marry me, does not ever plan to live in the US. Does he need a K-1?

I'm a US citizen. He's a Canadian citizen. We had hoped for a small ceremony in March, then pandemic. We plan to apply for my PR in Canada and live there.

Kevin L Dixler
Kevin L Dixler
answered on Jun 11, 2020

In general no, but the purpose of his visa can create challenges, because there is a legal presumption that all applicants for admission have immigrant intent. He must overcome that presumption, if challenged. If he identifies the purpose of his visit, the CBP can reasonably presume that he has... View More

3 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Illinois on
Q: Hey so my friend and I agreed to have a friendly boxing spar we have no hate towards each other and can we box at park?

We wanted to box at a local park and can we get in trouble from this and also we are using this for content also but mainly for a friendly boxing spar at the park can we get in trouble?

Cheryl Powell
Cheryl Powell
answered on May 21, 2020

I have never seen anyone ask for legal advice for a friendly spar. No lawyer would advise you to engage this behavior since we all know how things could escalate. Not to mention that is clearly against all covid guidelines. If your question has to do with parks and covid, that is controlled... View More

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1 Answer | Asked in Personal Injury and Health Care Law for Illinois on
Q: My McDonald's burger was wrapped and had a glove wrapped with it. Can I sue them for covid health hazard?

We ate more than half the food in the bag. When I pulled out another burger to eat I noticed that there was a full blown glove wrapped with the burger.

Tyler Young
Tyler Young
answered on May 19, 2020

I understand how gross this must make you feel.

Can you sue? You can sue anyone for anything, but that doesn't mean you can win. I imagine you'll have a hard time finding a lawyer to bring a claim for this unless you can prove you were injured. Injury might be a long term...
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4 Answers | Asked in Traffic Tickets for Illinois on
Q: Hi everyone. I have a question of this. I had a ticket from Mclean County..

Hi everyone. I have a question of this. I had a ticket from McLean County in last November 27th. I paid the ticket already and done with the Traffic School already. My ticket are No Court Appearance Required also. So last 3 months ago I was checked my case on online that say I have Court... View More

Juan Ooink
Juan Ooink
answered on May 16, 2020

It seems they did not get notice that you completed your Traffic Safety School. Most Counties, are terminating Court Supervision satisfactorily, if all conditions of the sentence have been met and they have proof in the court file. If there is now proof, they are extending the termination dates due... View More

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4 Answers | Asked in DUI / DWI for Illinois on
Q: 37 yrs ago my husband had a dui in pensacola florida went to court $1000 fine he paid and 100 days community service

the community service started in 3 weeks and navy relocated him to california two weeks later. He told judge this and he said well dont ever come back to florida or you'll be arrested. California gave him a license and so did illinois where we live now. Now illinois wont reissue his driver... View More

David J. Winer
David J. Winer
answered on May 15, 2020

It is unclear from your questions whether the hold is in Illinois of Florida. I suggest that you call the Illinois DMV at 217-782-7065, give his Illinois drivers license number and ask what the hold is about and where it is from. Beware, they are closed now due to COVID and it may take awhile... View More

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2 Answers | Asked in Immigration Law for Illinois on
Q: Can a conditional green card holder apply for unemployment Insurance or if they’re self employed apply for PPP ?

During this pandemic I lost my earnings as a self employed uber driver and I am on a conditional green card

Drew Elesh
PREMIUM
Drew Elesh
answered on May 14, 2020

Yes you paid into the state unemployment fund and as an LPR you are entitled to those benefits you paid into. It will not negatively impact any application to become a U.S. citizen . Other benefits like Medicaid can be problematic for those without a greencard yet. So you should apply.

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1 Answer | Asked in Family Law for Illinois on
Q: Is there anything I can do about DCFS taking "protective custody" last week?

The assistant States attorney tried to trick us out of the hearing, then tried to threaten us then tried to have our children's attorney talk us out of the hearing, we weren't granted access to the paperwork they had we weren't assigned attorneys still aren't and no court... View More

Cheryl Powell
Cheryl Powell
answered on May 13, 2020

This is the covid world now. It is not operating very effectively but everyone is learning as we go along. As for visits, dcfs pre covid only had to give you a minimum of one hr. Per week, generally. Now they are doing it on facetime, zoom, whatever, because people cannot be seeing each other in... View More

1 Answer | Asked in Employment Discrimination for Illinois on
Q: Is it really legal to not allow an employee to work if they medically can not wear a face mask.

The order states that those who are medically able to wear them must. But what about those who can't. Can they really tell us we can't work? Are stores really able to deny us access because we can not wear the mask because of a disability?

Cynthia Pietrucha
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Cynthia Pietrucha pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 4, 2020

This is a difficult topic that does not have a clear "yes" or "no" answer. Overall, you should be allowed to make decisions for your own well being but in an employment setting, the employee doesn't have full control.

The logic behind the mask requirement is that...
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1 Answer | Asked in Contracts for Illinois on
Q: Wedding is July 31st in Toronto but due to COVID-19 we are considering canceling the reception but hall is threatening

Our guests have come back to us and said they do not want to travel and we don't feel comfortable putting others in harm. We have 200 guests that were ready to come from Chicago with us but circumstances have changed since the COVID-19 pandemic. I talked to the banquet hall about cancelling... View More

Robert Shipley
PREMIUM
Robert Shipley
answered on Apr 16, 2020

The Answer to your question is dependent upon a review of the contract, focusing on the cancellation provisions relating to Acts of God, diseases, epidemics or pandemic (although not likely to be described), emergencies, unforseen circumstances. The language of each contract is different, some... View 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...
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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... View 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... View More

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