Illinois Lawyer Referrals and Legal Guidance

Age discrimination is only illegal if you're 40 or older

A 25-year-old employee can get fired because of their age and it's not going to be considered illegal age discrimination. Until you are 40, the law allows an employer to fire you based on your age. Workers under 40 simply aren't a protected category of employees.

If you are 40 or older, you can't be fired based on your age. In addition, it's illegal to fire someone based on race, religion, national origin, sex, sexual orientation, pregnancy, or because you took action against your employer such as filing a workers' comp claim, reporting illegal activity or complaining about unsafe work conditions.

Your employment law attorney should know their stuff

The area of employment law involves a many different laws, both state and federal. When looking for an attorney for an employment law issue, be sure they have extensive knowledge of all relevant laws and how those laws work together. If they don't fully understand your rights, they won't be able to properly help you. Attorneys may not advertise the exact extent of their experience, which is why a potential client should ask a lot of questions before agreeing to hire someone for their case. Look for an attorney who focuses on employment law rather than someone who handles the occasional case in this area.

You may be entitled to your vacation pay, even if you quit or get fired

The deciding factor is whether your employer provides paid vacation. If yes, then any amount of vacation that you have accumulated before leaving your job is considered yours. You should be compensated for all paid vacation time that you have earned. This is required by law, so don't let your employer give you a bogus reason as to why you can't get your vacation pay. Keep in mind that not all employers offer paid vacation, and that's fine. But if they offer it, and you earn it, they have to follow this rule. As for that final paycheck (which should include your vacation pay), your employer is supposed to hand it over on your last day of work, or, at the very latest, on the next regular pay day.

Salaried employees not necessarily exempt from overtime

Just because you technically earn a salary, doesn't mean you aren't entitled to earn overtime for working more than 40 hours in a week. It depends on the type of job you have. “Professionals” and “managers” and other categories are exempt, meaning they won't get overtime, but the law isn't crystal clear. The best thing to do is talk to an experienced employment attorney about whether you should be getting overtime. Employers may take advantage and try to avoid paying overtime in situations where it should be. Perhaps they honestly don't know that they should be paying you overtime. It's up to you to find out what you're entitled to.

Don't sit on a "right to sue" letter

If you have filed a complaint with the Department of Human Rights or the EEOC and you get a letter called a “right to sue” letter, you still have to do something. This does not mean that you have won. The letter is informing you that you have the green light to file a lawsuit. There is a deadline that comes with the letter – just 90 days to file a lawsuit. So don't sit on it. Talk to an employment law attorney about your next move. It shouldn't cost you anything to get this consultation and get your questions answered. If you miss the deadline, you will forever lose your right to sue your employer on that particular issue.

At-will employment

In Illinois, the general rule is that employment is "at will." This means that you can quit or be fired at any time. You do not have to give notice and neither does your employer. You might have a claim for wrongful termination if you were fired for an illegal reason, however. The law lists these reasons, and they include discrimination based on race, sex, religion, etc. If you were fired for a minor reason, such as showing up for work 10 minutes late one time, or because your manager didn't something that you said, it might be unfair but it's not necessarily illegal.

Illinois' Day of Rest law

Under Illinois law, employers cannot require employees to work seven days in a row. You are entitled to one full day of rest in every seven. There is an exception if your employer obtains a permit and you voluntarily agree to work the extra day or days. There are a few other exceptions for some employees, such as those who work part-time. Check with an employment law attorney if you believe your employer is breaking this law.

Meal breaks and Illinois employment law

According to the law, if you are working 7.5 hours or more at a time, you must get a 20-minute meal break no later than five hours into your shift. The meal break does not need to be a paid break, but you must be allowed to take the time. Illinois generally does not guarantee further breaks beyond the meal break.

Getting hurt on the job

If you are injured at work in Illinois you can file a claim for workers' compensation. You are entitled to benefits, including payment of your medical bills, payment for lost wages and compensation for a permanent injury. All of these things are meant to help you while you recover and get you back to work. Your employer cannot fire you or otherwise retaliate against you for filing a claim. Most Illinois employers are required to carry workers' compensation insurance to pay these claims. If you get hurt on the job, make sure you seek medical treatment, notify your employer and talk to an attorney if your injury is serious or if your claim is denied.

Your last paycheck

Your employer is required by law to pay you your final paycheck on your last day, if possible, but absolutely no later than the next scheduled pay day. They cannot withhold your pay because they disagree with the fact that you're leaving or because there is some dispute about the situation. You must be paid the money that you have earned. Also, if your employer provides paid vacation, your employer must pay you for any earned vacation that you haven't used.

Getting your job back after military service

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the employment of those who take a leave of absence from civilian jobs in order to serve our country. The law says you must be returned to the same position, including seniority, as if you had never left. There are provisions in the law that protect you from getting fired without cause, allow you to receive retraining if necessary and require that an employer continue your health benefits while you are gone. Make sure to notify your employer ahead of time and report back to work as soon as possible after you return so that you don't lose your rights under this law.

Don't sign a non-compete agreement without legal advice.

A non-compete agreement basically says that you can't compete with your employer down the road if you quit or you are fired. These agreements usually contain specifics about which activities are prohibited and how long you're prohibited from doing them. They also often describe a geographic area where the competing activities aren't allowed.

Non-compete agreements favor the employer. In addition, your employer is usually the one who drafts it. So there are two good reasons to hire an attorney to review the contract before you sign. Even if you do sign the agreement, that doesn't mean it's valid and enforceable. Courts often find that these agreements are too broad or too vague.

There are two main types of sexual harassment in the workplace.

First is the type where a boss or someone else in a position of authority forces you into a relationship or sexual acts by promising something, such as a promotion, or threatening something, such as termination. The other main type is when the general atmosphere is intimidating and inappropriate. This can be because of co-workers, not just bosses. Examples include showing sexually explicit pictures, or making crude jokes or inappropriate comments.

One of the most important things you can do in any situation involving sexual harassment at work is report it. Tell a manager, put it in writing. It can really hurt your case if you don't because an employer isn't going to be held liable for something they had absolutely no knowledge of.

As of January 1, 2011, it's illegal for most employers in Illinois to do a credit check before they hire you.

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