Illinois Employment Legal Questions

I would need more information to give you a clear answer.  But, what you have described raises some serious questions as to the company and the apartment manager depending on what that person said and did as to the 2 bosses. You should meet with an attorney who then advise you and then send an appropriate letter to the company to determine what more can be done... Read More

If your dispute was for back wages, then you can file a complaint in court.  You may have to start the suit from scratch, but there are financial penalties that will be assessed against the employer if you win making it more likely they will pay up.  If your dispute is for some other area of labor law, you should contact an employment or labor attorney who can advise you what to do next.  Depending on the amount of wages for the back wage claim, it would also be a good idea to consult with an attorney for that as well... Read More

Patrick, while I cannot promise you a miracle it is always best to lawyer up with well respected members of the community who also know criminal law inside and out. I am not talking about just me. I am not talking about me, I am talking about myself and the toughest criminal defense lawyer in Chicago. ALSO, While I do not want to speak to soon before I double check, I may be able take care of your expungment.... Read More

As long as you have done all you are asked to do, then the employer will be held liable for any medical bills or lapses in coverage caused by their delay.  There are times when the employer is late but when they finally comply, the insurance will be retroactive to the date it should have begun.  If BCBS fails to cover bills because of the employer, then the employer will be forced to pay those bills and be hit with other penalties. You should consult with an attorney who is experienced in this area of the law ASAP.... Read More

He should immediately inform the company in writing that he never had prior notice from the disability carrier that his request was denied.  There would have to be a letter from that company to your husband noting the denial decision.  Without that letter, the employer cannot argue he should have returned to work sooner. The second thing that you should do immediately is to meet with an attorney to review this matter.  In the meantime, try to obtain copies from your doctor of any reports or responses he gave to the disability company to support your position.  The attorney will want to see these documents to determine if your doctor provided what is needed, or if the disability company is being overly strict.  He should also determine from his doctor whether the doctor still feels he is disabled or able to return to work... Read More

You can always re-apply or request reinstatement.  Whether or not you would be considered for reinstatement depends on many things.  Though you were not convicted, the police can refuse to reinstate you for what is generally described as bad conduct or things that reflect poorly on the police department.  Important facts to consider are if you had completed your probationary appointment when you were terminated, if you were suspended pending the outcome of the criminal case, whether you had a hearing before the police or City Human Resource  Board, and a few other things. You should meet with an attorney to review the facts of your case... Read More

Under Illinois law, the company cannot terminate you for having a work related injury.  This would be retaliatory discharge.  If you were back at work when they decided to then lay you off, you may have a strong claim.  If you were still off work when the company laid you off, your case may be a little more complicated but you may still have a legal claim. I highly recommend that you consult an attorney and discuss more details with that attorney.... Read More

you should explain to the employer why you answered the question the way you did. There is no guaranty, but they may understand.  As to the legal effect, completing probation is not the same as then being found not guilty.  There are certain plea agreements that could allow that to occur, but the agreement with the court would have to be clear that once you did what was required, the plea would be changed to the case being dismissed and a finding of not guilty.  This is not a typical deal with a DUI, however.  You should get a copy of the criminal docket sheet on your case which will show what the status is.  If it does show that the case was dismissed with a finding of not guilty, you should then move to expunge the record.  You should see an attorney who is experienced with expunging records to assist you... Read More

If you feel, and can prove, that you are being accused of the theft because of your race, then you would indeed have a claim against the employer.  But this would also depend on whether it is the 2 white or non-black students who are making this biased claim, or the school.  The school would have to investigate the student allegations to be safe.  So the question is if the school is jumping on the race bandwagon, or just being prudent in doing an investigation.  There might be security cameras at the location where the theft was alleged to have occurred that could help.  If other people had the same or more access as you to the students book bags at the clinical site, be it patients, staff at that location, etc. then you have a good reason to question why you are under suspicion and if this happens to be because of your race. You should consult with an attorney as quickly as you can because, depending on all the facts in this case, it might be a good idea to let the employer know that your concern is that you are being accused because of your race.  But this depends on several factors.  So speak to an attorney before you do that... Read More

The answer will depend partly on the type of complaint that was filed against the supervisor.  If that complaint was based on discrimination, then you can file a charge of retaliation with either the Illinois Department of Human Rights, or the Equal Employment Opportunity Commission. If the complaint that you testified about was not based on discrimination, then you may have a retaliatory discharge action that could be filed in state court. You could still be protected by the law though you did not personally file the complaint.  I strongly recommend that you speak with an employment law attorney to explore the facts in more detail.... Read More

Your question raises many possible issues.  If the conditions you complain about would possibly violate OSHA work safety rules, you can certainly complain.  If you speak with the other employees and they all or a few of them agree that you should speak to the GM about this, you can certainly complain.  Your complaint should be made in a polite professional way, meaning clearly stating the facts and concerns about the heavy work you all do, not raising your voice, and certainly no threats.  Under either of these scenarios, you would be protected under the law when you complain.  So if you were terminated, you could take legal action IF you can ultimately prove you were fired for retaliation for complaining.  There may be other legal remedies.  It would be best if you first consulted with an attorney who can help you to pick out the legally protected complaints before making your complaints to the GM... Read More

Generally, the employer can make a change in your compensation as long as they do it prospectively.  They cannot make such a change retroactively.  In other words, I could tell you that starting tomorrow you will be paid only a commission.  But, I cannot tell you that I have decided to change you to commission only as of yesterday or last week. So, if the employer did this change retroactively, I suggest either complaining to the Illinois Department of Labor or speaking to an attorney who may be able to address the matter with a letter. The other question that you should consider is WHY this was done.  If, for example, the employer was hoping to make you quit for some discriminatory or retaliatory reason, you may have a cause of action against that employer.  you should consult with an attorney who could give you further advice after he/she gets more facts from you... Read More

Most of this will depend on what is stated in your written agreement with the attorney.  There has to be a written agreement stating that the attorney would receive 40% of any settlement you might agree to.  If there is no such agreement in writing, the attorney cannot collect that fee. As to dropping the case, it seems that you are about to end one part of the case (the EEOC portion) and are about to enter into a second stage in the case.  Under that circumstance, at least based on the facts you provided to me, it seems that the attorney could decide not to represent you in the next stage of filing in federal court.  Had a federal lawsuit been filed by this attorney, he/she would need the formal permission of the judge to withdraw. My best advice for you, however, is to meet with an another independent attorney to review the case.  That attorney could perhaps give you a second opinion as to whether the settlement being offered is reasonable based on all the facts, or if you should risk going to court.... Read More

This is a common issue and one which I see in my practice nearly every day.  While the ADA and other provisions (HIPAA for instance) prohibit the disclosure of medical information, and prohibit an employer from asking medical questions, it is critical for an employer to know whether the employee can safely perform the essential functions of his/her job, and whether an accommodation may be required.  In order to do this, the employer must have at least some information related to the employee's condition and what absences might be anticipated. We suggest that the employer request the employee's physician provide a fairly simple certification that the employee is able to perform the essential functions of his/her job, and if restrictions exist, what those restrictions are.  In that way the employer and employee can engage in a conversation regarding whether an accommodation is necessary, and if so, what it may be. In addition, if the treatment will require periodic absences, and the employee is eligible for FMLA leave, the physician will be required to provide medical information regarding the course of treatment (i.e. how long the treatment may last, what the schedule of appointments may be, whether the treatment will interfere with the employee's ability to do his/her job, etc.) and will be required to provide this information on a periodic basis.  If the employee fails to provide this information, the employer has no way of knowing whether the employee will be able to work and therefore cannot properly schedule work to be done and staff the projects.... Read More

The question is one of what state's laws govern your employment, and which state's courts have jurisdiction to decide the case. If you worked out of Illinois, but served clients of your employer within that state, then the company is doing business in Illinois. Under the laws of most states, that is enough to confer jurisdiction over the company and you can sue them in illinois and apply illinois laws.  The non-compete usually won't be an issue since the company breached the agreement by failing to pay you and then cannot avail itself of rights contained in the agreement.  You can also sue them in Tennessee or Massachusetts where they maintain offices. Or you can sue them in Delaware where they are organized. the only question is why you would want to.   Michael Caldwell 404-979-3150... Read More

Generally speaking when called for an employment reference for a job applicant the previous employer can tell the hiring employer the reason for the termination, so long as the previous employer is (1) not aware that the facts he is providing are untrue; (2) not providing information with "reckless disregard for the truth"; or (3) not motivated in providing the reference by any reason resulting from your race, color, creed, religion, gender, national origin, age, disability, or other factor the consideration of which is prohibited by federal, state or local law.  In many states the previous employer cannot  successfully be sued for providing such a reference because the communication is considered privileged.   Michael Caldwell 404-979-3150... Read More

Under the law, your employer must pay you for all time worked.  If you are required to work from the time you punch in (9:02 in your example), then you are entitled to be paid from that time until you cease working.  Essentially the same is true of your time records.  If you make a mistake in recording your time, then realize your time card is incorrect and correct it, you must be paid for the time you work.  In addition, since both the U.S. Dept. of Labor and state departments of labor conduct audits of employer records to confirm they are following the law, it is important for your employer to allow you to correct the time cards to assure they are accurate and complete.  After all, the time cards are your employer's records and the law requires them to be accurate.... Read More

Whistle blowing carries with it employment protections, including against a retaliation termination. There's more to the analysis than simply that, but if you were terminated for blowing the whistle your first call should be to a plaintiff's employment attorney in your area. Damage amounts can vary widely and are very fact-specific.... Read More

You probably do not have a legal right to force your employer to put you back on the schedule with reduced hours.  While your knee surgery may well mean you qualify for protection from discrimination as a person with a disability (the law also prohibits discrimination against you based on your employer's perception that you are disabled, or because you have a medical history of disability), you may not be able to perform the "essential functions" of  your job, which includes working a full shift.  Many employers provide "transitional work" for persons who are unable to resume their full duties for a short period of time, but your employer may not.  In addition, while an employer might be required to accommodate your condition, it may be unreasonable to require the employer to allow you to work a reduced schedule for a variety of reasons.... Read More

Your employer is not entitled to detailed medical information about your pregnancy.  In most cases, the employer needs to know how long you are expected to be away from work in order to be sure your work gets done, but the employer does not need detailed medical information for that purpose.... Read More