Illinois Employment Legal Questions

Assuming you can prove this, you would have a claim under a federal law known as ERISA, state laws for theft and conversion, and there may be federal criminal laws that were violated.  You should see an attorney to review your case in more detail.  Do you know if this also happened to other employees?  ... Read Answer

Signing a last chance agreement can be tricky.  On the one hand, it can be seen as an admission that you engaged in wrongful conduct and protect the employer if they terminate you later on, especially if you feel there was harassment involved.  On the other hand, the company may terminate you if you do not sign it.  The best thing to do is meet with an attorney to review the facts so you can make a better decision on what to do.... Read Answer

There are attorneys who can represent you during settlement conferences.  It would depend on what stage your case is at, however.  For example, if you are a federal employee and your case is pending before an Administrative Judge, the matter is a bit more complicated than just appearing at a phone settlement conference.  You should speak to an attorney to discuss this in more detail  ... Read Answer

Your ability to challenge this will depend on what reasons were given for the termination by the employer, and what you believe the real motivation might be for why they terminated you.  You should meet with an attorney to discuss this in more detail.  You should also request a copy of your personnel file in the meantime.... Read Answer

I cannot determine from the facts you give if there is a legal violation or not.  It is possible that your case falls between the cracks in the laws and may leave you without a legal remedy.  BUT, this does not mean you cannot have a conversation with the employer, indicate you are sorry that your concussion left him without coverage, and make sure he has no doubts that you clearly had a legitimate medical problem with a doctor note.  In other words, try to re-establish your good employee relationship.  You really have nothing to lose by trying this.  Should this fail, see an attorney... Read Answer

You should have your doctor provide a statement indicating that because of your medical condition, you are requesting an accommodation that will allow you to perform the essential duties of your job. Then specify the need to use the the other vacuum that is lighter.  If the employer refuses this, see an attorney right away... Read Answer

You have raised several issues that possibly could state a legal violation.  The employer can play favorites such as with his niece without violating the law.  But retaliation for sexual harassment complaints and comments about your physical appearance suggest some possible claims.  You should consult with an attorney to provide more details... Read Answer

Your situation is rather complex.  You can possibly sent a letter retracting your purported resignation to the president explaining about why you wrote the resignation letter under threats based on his affair with you and plan to remain at work.  You should also speak to an attorney quickly to review various other actions you can take... Read Answer

Typically, when a worker is injured at work, he is entitled to limited workers' compensation benefits only. A worker who suffers from an illness or disease from a toxic exposure in the workplace may be entitled to damages beyond those recoverable in the workers' compensation system. A worker's compensation attorney will be able to evaluate this for you in more detail.... Read Answer

It is essential, that you contact an attorney with experience and a thoroughly up to date understanding of this complicated and ever changing area of lawand you should do so as soon as possible, because time is literally money for a former employee attempting to collect overtime wages. The timing is crucial because each week you wait, you will likely be unable to collect the overtime and other damages that should have been paid to during the week you worked the hours. (You can only collect overtime for a period ranging back 3 years from the time the lawsuit is filedbefore the lawsuit is filed the clock on those years is ticking away week by week; and please understand that filing a claim with the Department of Labor does not stop that clock, only a complaint in court does) Yes, you should absolutely sue, presuming you have been working over 40 hours a week, have been paid time and one half, and do not meet any exemption to relevant statutes. If the above can all be proven you will be entitled to double the amount of wages you underpaid for at least the previous two years, and possible the previous 3 years. Your employer will also be responsible for all the costs of litigation, attorney's fees (even though you do not have pay the attorney's fees). Moreover, there are likely other employees and former employees who have also been underpaid, and if the word got out, or if you decided you wanted to include them in your lawsuit, your employer could face serious financial consequences.... Read Answer

The employer can decide to reduce your hours.  The key question is why the employer is doing this.  For example, if she is trying to save money or wants to help out a friend, there is no violation.  If it is based on some illegal discrimination, then that is illegal.  You should speak to an attorney to explore this more.... Read Answer

There are some things that you and your co-workers should be compensated for, while other items, such as reading books, may not require compensation.  Regardless of any contract you signed, you may still be entitled to some compensation.  You should speak to an attorney to explore this more... Read Answer

it is not necessarily illegal, but is unusual.  I would not provide the tax returns as this involves a lot of private information they have no business nor need to know about.  You can provide copies of the W-2 statements over that period.  you can block out your Social Security #.... Read Answer

you can sue either the actual company (employer) or the owner(s) of the company.  So if at least one of the owners is still in Illinois you can file a lawsuit in Illinois even though the employer company may have moved.  If no one is in Illinois, you can still file a lawsuit but it gets more complicated.  Either way, you should contact an attorney... Read Answer

They do have the right to change your rate of pay.  BUT, they cannot do this without informing you first about the lower rate.  There is in essence an oral agreement for your rate of pay.  They can change this agreement but only if they tell you that they are changing it BEFORE they actually change it.  You would not need to formally agree to it, but they do need to tell you before it goes into place. You should be able to get the original rate at least for the first pay period if they failed to give you notice... Read Answer