Illinois Employment Legal Questions

You do have certain privacy rights under state law.  The action you might be able to take depends on what information was provided or released to other employees.  Medical issues, financial information, your social security number, or personal contact info may violate the law and warrant legal action.  Informing others that some disciplinary action was taken against you may not violate a law.  But, you could complain to HR about that... Read More

You can file a complaint with the Ill Dept of Labor, Wage and Payment Division.  You should have received your last check for accrued vacation in the pay period that followed your termination.  You may want to first contact the employer to see why you have not yet been paid and when it will be paid.... Read More

The most important question (and answer) is why he feels he was terminated.  If it was based on illegal discrimination (race, disability, national origin, etc), or retaliation for engaging in certain types of acts that are protected under the law, then he may have a claim.  He should speak to an employment law attorney to review this in more detail. As to unemployment, the employer would have to give a reason that shows some type of misconduct or failure to follow a reasonable rule.  He may be able to appeal the unemployment decision... Read More

On the employment side, more would have to be known about the employer and the details of your hiring would have to be better reviewed together with the details of what is and is not being made available to you at this time. This really would be best covered in a consultation. You should also be certain to discuss your options with your workers' compensation counsel as the circumstances may play into presenting your claim for maximum recovery.... Read More

It depends on the nature of harassment, i.e. is it sexual, or as the result of legally protected activity, whistle blowing or race, etc. If yes, than the employee who was terminated would at least have a potential retaliation claim. Your first action should be to contact myself or another attorney who handles these matters... Read More

You may have the right to flie a defamation case against the manager, and possibly against the company.  This depends on what is being said about you and whether the company is fully aware of this, or even encouraging this. Speak to an employment law attorney to review your case in more detail... Read More

If the company employs more than 50 employees, you have rights to take leave to care for your mother under the Family Medical Leave Act.  I am also curious to know what your job functions are.  It is possible, depending on your role with the company, that you might be entitled to overtime.  Just because you may be salaried by the employer, does not mean that you are truly a salaried exempt employee You should speak to an employment law attorney about this matter... Read More

Probably not.  The company cannot terminate you because you suffer from asthma, or had to go to the hospital to treat your condition.  There are different statutes that may apply to your case depending on your specific employment situation, number of years you were with this company, and if you were full time or part time.  For example, either the FMLA or ADA may apply. Contact an employment law attorney to review this in more detail... Read More

This depends on whether you had a written policy that indicates when and how their vacation accrues.  If it merely says that they get 2 weeks after working 2 years, then they would be entitled to the full 2 weeks.  If your written policy said they would accrue 1 day each month after 2 years, or something like that, then they would only be entitled to those days.  You cannot now change the policy for that employee but can do so for employees going forward... Read More

You are entitled to be paid for the time you are at work performing or ready to perform duties.  This is true regardless of whether you have swiped in or the time clock system is working or not.  The problem then becomes, however, proving that you were at work on time when the system does not work properly.  You can perhaps notify a supervsor or send an email or text to prove this if the boss makes an issue of this.... Read More

Illinois law does not allow managers to share in the tips provided to hourly employees.  There are certain times when the owner could take a percent of the tips, but there are explicit rules that apply, clear notice to the employees that this is going to occur, possibly a requirement of written consent of the employees, and the employees must always receive at least minimum wage for each day they work.  It is likely that the owner has violated a rule as to the employees, but probably not as to you... Read More

It sounds like your company may be violating the Americans with Disabilities Act.  The company must provide reasonable accommodations for your disability if these allow you to perform your essential functions and may also have to provide you with another position in some cases if there is an open position available for which you are qualified.  The company cannot assume that you are unable to do your job just because you have a disability when you are in fact able to do the essential functions of your position I suggest you meet with an employment law attorney to review this in more detail.... Read More

In order to determine what if anything can be done for you, you must indicate when you were let go, what reason the company gave for terminating you, and why YOU think they let you go.  If it is based on illegal discrimination (race, gender, age, etc.) or retaliation for certain types of complaints that are protected under the law, then an attorney may be able to assist you.  It is important to understand that since you are probably an employee at will, the company can let you go for any reason they choose, even if it is false, unless the real reason for the termination is based on either discrimination or retaliation... Read More

While non compete agreements are fairly common, they are not always enforceable. It depends on many factors and on how the non compete agreement is written.  In general, courts will not enforce a non compete that completely precludes you from working in your occupation or area of expertise.  A court will also want to know to what extent the employer needs to enforce the non compete to protect important business interests, and to what extent the employer is simply over-reaching.  You will need to meet with an employment law attorney to review your particluar agreement... Read More

Your best advice will be in a consultation where the background can be better covered. At a minimum, a telephone conversation may work. Is the reason for the harassment clear? Have you kept a record? At minimum, keep a ledger showing dates, times and details (including names of people that were present). If there is anything concrete, such as e-mails or voice messages, certainly retain those.... Read More

Arrange a consultation promptly to discuss the retaliation you are facing for having filed a workers' compensation claim. In the interim, take careful notes each evening of the events, noting the names of everyone that was present. Go back and write down as many of the calls and incidents as you are able. If you receive voice mails, save them. If there is ever a witness to the harassment that is not an employee, take special note of that. Continue to follow all the medical advice you are receiving and seek to comply with proper requests. Ideally, you will be getting more direct advice without delay, rather than relying on the scope of a site like this.... Read More

An employer cannot take any deductions from a paycheck, nor hold a paycheck without the written prior consent of the employee.  This includes even a case where the employee failed to return property or stole.  Any action on that must be taken separate and apart from deducting pay.  This is the rule regardless of whether the employee is exempt or non-exempt.   This is the law in Illinois.  There might be a different provision in other states, but I would guess that most states are similar to Ilinois on this... Read More

The FMLA, if she is covered under that statute, would probably preclude you from doing this.  Even if the FMLA did not apply, the employee may see this as retaliation or discrimination for taking maternity leave.  If the employee agrees to this and has no problem with this, then all is fine.  But it must be very clear that she is in agreement with this and the extra money, as opposed to just feeling coerced into agreeing to this.... Read More

The employer can define the work week, but is limited in doing this just to avoid paying overtime.  The usual thing an employer does is change the start of the week from a Saturday to Sunday or vice versa.  I have never heard them change the work week to start in the middle of the day.  I suggest speaking to an employment law attorney who is experienced with FLSA laws that pertain to overtime issues... Read More

Regardless of whether the employer calls you salaried or a manager, the test is based on what duties you actually perform (management duties or hourly employee duties) and how you are treated.  There is a good chance that you are a non exempt employee and would therefore be entitled to overtime.  The employer can make you make up those hours for when you were sick, but this helps prove the fact that you should be paid hourly. I definitely recommend that you speak to an employer law attorney... Read More

The employer can have a use it or lose policy but that rquires that you have a realistic chance to take the vacation time.  If you could have used it by the end of the year, then you would lose it.  If by the time your vacation accrued you were not allowed to use it as this is your busy season, the employer either has to let you take it, pay you for it, or let you carry it over.  If you had a chance to take it before the busy season, but did not because it was not convenient, then this gets more complicated. If he still refused to let you take it or pay you for it, you can file a claim with the IL Dept of Labor... Read More

Depending on what your limitations are, this can be tricky.  You need to be able to perform the essential functions of your job even with accommodations.  So if you are able to perform most of your essential job duties, this should not be a problem.  But if the limitations you have will prevent you from doing your essential duties, the employer is not required to grant these accommodations. For example, if you work on the loading dock all day and your restrictions prevent any lifting at all, this poses a problem since your primary duties are lifting.  But if you are in the office all day and would only have occasional lifting, then this woudl be an easy accommodation to grant.  There may also be open light duty positions you can perform if the employer has open positions that you are qualified to perform. As to the limitations, ask only for what your doctor feels you need, and do not be overly restrictive in what you say cannot do if that is possible.  The request and limitations should be written by the doctor... Read More

Though unfair, the manager can prefer his daughter over you and then demote you without violating the law.  If, however, there is a corporate office or the higher up people are not aware of this, they might review the matter IF they are the type that would believe it as not appropriate for the daughter to be promoted.  Otherwise, there would be nothing else you could do... Read More