Illinois Employment Legal Questions

It might be a good idea to first complain to HR before brining an attorney.  This depends on how sympathetic you feel HR might be, or if you feel comfortable enough to do this on your own.  If so, then:  First thing you should do is created a detailed summary of the things that have been done to you and the dates this occurred.  Once you have this prepared, you should inform HR or a higher manager about what is being said to you and what is being done to you by this supervisor. If you think that  the supevisor is doing this to you based on race, gender, national origin, etc. or retaliation for something you may have complained about, then there may be a legal action you can take.  You should also mention that to the HR person.   If things do not improve immediately, a lawyer can then take action ... Read More

Retaliation for taking FMLA leave is clearly a violation of the law.  The trick is proving that the action in question is in retaliation as opposed to another reason such as a performance issue which they will clearly argue was the motive for the PIP.  The fact that they did not give you the PIP until after you were on FMLA, and then required you to return to work when you were taking intermittent FMLA leave, however, does make their arguments suspect.  You should meet with an attorney to review the details of your case.  This should be done before they get around to actually placing you on a PIP... Read More

The answer depends on whether you have any potential legal action in the first place for your termination.  Not all terminations are illega, even if you feel the allegations relied on were not accurate. You should speak with an attorney who can evaluate your case and determine if you have any legal claim for the termination or ability to recover back pay.... Read More

My best recommendation would be to contact the local State's attorney office to confirm if this is OK.  I do not see why you cannot run for this office, though you may be required to take a leave of absence.  Even if this is proper, you need to be very careful that any campaign work you engage in is 100% separate from your job.  That means everything you do must be done after normal work hours and you cannot use any resources from your county office: do not use the copy machine, the fax, your county email address, no pens and pencils purchased by the county, etc... Read More

I am not sure if you wanted to have a witness attend the meeting of your review, or if you are asking about whether your manager can have someone attend your review. There is no rule that allows you to have someone attend your performance review.  If there are concerns you have, or you do not trust the manager, you can ask if the meeting could be recorded, but they would not have to agree to that. If you are worried that your manager had some clerk attend your review, that would not be proper.  It is not uncommon to have another supervisor or manager attend, or an HR person attend.  But, not a mere clerk who would be your co-worker... Read More

If you qualified for FMLA and your absence was covered by FMLA, and you got a full release from your doctor, then the employer would need a very strong reason for not letting you return to work. It is possible that your duties are such that the employer may have a reasonable concern, depending on your medical condition and your job duties.  But this would have to be a real and valid concern with objective medical evidence. I suggest seeing an attorney... Read More

This depends on whether you qualified under the Family Medical Leave Act.  If you were a full time employee and worked for 12 months prior to being hospitalized, you would be protected under the FMLA and may have a cause of action for being replaced.  You should speak to any attorney to determine if you qualified for the FMLA or if there is another possible legal action you could take  ... Read More

My short answer is that yes you can use your medical/disability condition (alcoholic) as a reason to avoid the holiday party where there will be drinking.  This would be deemed a reasonable accommodation.  The question is whether your boss or HR department is aware of your condition.  As the party is a requirement, you will need to inform someone, be it HR, or whoever would be designated at the company to review a medical or disability request for an accommodation. If you have questions or run into a problem with the employer over this, you should immediately speak to an attorney.  ... Read More

You should immediately contact an attorney as it appears there was a violation of the FMLA.  The FMLA forbids retaliation for seeking FMLA.  The termination also interfered with your ability to take FMLA.  The company could terminate you only if they can prove that the termination had nothing to do with your FMLA request.  For example, if the company planned a lay off for several employees and would have been laid you off regardless of whether you requested FMLA or not, you may not be protected.  You should meet with an attorney who can review your case in more detail  ... Read More

Typically, employees are asked to sign off on a termination letter to acknowledge receipt of the letter, and not necessarily that you agreed to the allegations.  So if that is the case, there is no need to "void" the letter.  If she signed as agreeing to the allegations, then that does create some potential issues.  She cannot "void" what she signed, but she can send a follow up letter (certified and regular mail) or email making it clear that she did not sign to indicate that she agreed with the allegations.  Rather, she only signed to acknowledge that she received a copy of the letter.  The letter can also state why she disagrees with the claims. In either situation, you should immediately meet with an attorney to review this matter  ... Read More

It is lawful for an employer to choose those employees whom the employer judges to be best suited for a job (this is discrimination which is not illegal and which simply means to make a choice based on a judgment about some criterion for the choice).  If the employer's judgment is determined by or based on the employee's gender, however, the choice becomes unlawfully discriminatory. The fact that he has not promoted a woman to a position for 22 years certainly does raise a suspicion that gender may be the basis of his choices. It is not, however, conclusive. If women are performing the same job as men, and if the women are paid less for the job (even if they have different job titles but so long as they are performing the same duties, under the same job conditions, with the same level of performance and the same job tenure) the employer may also be violating the Equal Pay Act.    Michael Caldwell 404-979-3150... Read More

The law (FMLA) does require proper supporting documentation for a medical absence.  There is some room, however, for being able to supplement a medical note from the doctor if the employer feels it is not sufficient.  It may be possible to argue that this may apply to when the doctor fails to provide any documentation but you were not aware until the employer told you.  You should first obtain a statement from the doctor (if he will do so) noting his omission about the note, and explaining the matter.  If your employer has no problems with you, they should reconsider and take you back.  This should be done quickly.  You should also speak to an attorney.  ... Read More

The employer can change the salary at any point going forward.  For example, the employer can tell you that starting tomorrow or next week, your salary will be $X.00/hour.   The employer cannot change the salary retroactively by telling you that the work you did last week is going to be paid at a lower rate. But, another factor may be important depending on WHY the employer is doing this.  If it is for economic reasons, there is no problem (if done going forward).  If the decision is based on some type of discrimination or retaliation, then this may possibly be a violation of law.  You should speak to an attorney if you have any concerns  ... Read More

Asking for names of family members is not specifically illegal per se, but is rather unusual.  The more important question is why they feel they need this information and what their real or hidden purpose might be.  There could be some reasons for asking about this that do violate the law.  You should speak to an attorney about this in more detail  ... Read More

There are a many things that will determine whether you are entitled to any benefits prior to 1996.  First, it depends on what occurred when the new owner took over and the terms of that agreement.  If the new owner is a entirely different corporation, then you may be out of luck.  On the other hand, the union labor agreement may have provided that any new owner must continue to give credit to the employees for their years before 1996.  The union should be able to inform you about your rights on this.  If they are not giving you answers that make sense, then you will need to meet with an attorney who has experience with ERISA and pension issues.  That attorney will need to see the union contract, the union and/or company pension agreement, and any information you have about the terms of the sale of the company in 1996  ... Read More

Your email raises numerous issues but does not provide enough facts to give you specific answers.  The employer cannot harass you for seeking medical treatment nor for requesting FMLA or short term disability.  On the other hand, they can make sure that you properly qualify for FMLA through a certified physician.  I recommend that you meet with an attorney to explore this in more detail to see if the employer has violated the law at this time or not.  You should also have a copy of your employee handbook and benefit plan that states when and how you qualify for short term disability.  An attorney will need to see this to determine your rights for this.  ... Read More

I would need more information to determine what might be done and who should be sued.  There are laws that protect against false allegations and interference with employment but it depends on what occurred and why it was done.  You should speak to an attorney to review this in more detail  ... Read More

If the claim that was made is blatantly false, you can at least file suit against the manager.  You may also have a claim against the employer.  The other important question to ask is why the manager made such a false claim against you.  Please speak to an attorney to discuss this in more detail  ... Read More

The more important questions are why your supervisor has ignored your previous performance goals and how this has affected you.  If the motive is based on some type of discrimination (race, age, etc) then you may have a claim.  In the absence of discrimination, then at a minimum, there must be some financial injury you suffered such as loss of a bonus or a raise.  You should discuss this in more detail with an attorney.  You should note that if the contract you refer to is just an employment policy handbook or something noted on the last evaluation, this may not constitute a contract that is enforceable.  ... Read More

The FMLA itself does not require paid leave and often, a person on FMLA is on unpaid leave.  But employers often have a pre-written policy as to whether your FMLA time off will be unpaid, or if you also take paid sick leave for part of that time.  Assuming that you would have taken the time off for your son even if they told you would get paid, it might be hard to take any legal action on this. Nevertheless, you should meet with an attorney to review the company's policies on paid leaves, FMLA, and use of sick time.  ... Read More