Employment Law - Illinois

identity theft, now unemployment wants to stop my benefits

EmmaD1976 — Fri, 20 Nov 2009 23:56:26 GMT

I recently searched the web to find an online loan site, my truck's 4 wheel drive went out and I need $2000 to fix it. I applied to one site but was denied because I am on unemployment and have no actual paycheck. About an hour later I was getting dozens of emails with offers for loans, which made no sense so I just ignored them, figured it was spam or scam. Then IDES calls me, accusing me of applying for a loan and entering in some restaurant as my employer. Duh, if I had an employer then I wouldn't be on unemployment. After that call it made sense that my PC info had been hacked, and sure enough it had, a huge mess, I had all my bank accounts and credit cards number stolen, still trying to get it straightened out. It appears someone was attempting to take out loans in my name then transfer the money out of my bank account. But IDES doesn't seem to believe me, so now I'm afraid of what they might do to me. I contacted the supposed restaurant I was working at and spoke to the owner. She called IDES on my behalf to inform them that I do not work there (obviously or I would be getting a paycheck). I don't know what they possibly are thinking, if I were getting a paycheck then obviously it would be registering on my SS# and they would have figured it out by now. I guess unless they think I'm getting paid off the books, but definetly not from that restaurant, the owner's husband is a cop and I doubt they do that sort of thing. So what is gonna happen now? They said they would send me a letter on their findings, what can they do to me without p... that I earned a paycheck from this place?

Salary Exempt vs. Hourly Non-Exempt

2010Camaro — Fri, 20 Nov 2009 01:22:12 GMT

I make a base salary. I do not clock in or out.

I do not get paid for overtime, but when we have "Down Days" I have to either use vactaion time or take the day un-paid.

I personally started keeping track of my time on an excel spreadsheet as of the first of the year. This is the second year that I have been on the salary.

I was always under the impression that when you are on "Salary" that is doesn't matter if you work 50 hrs or 30 hrs, you get paid your salary.If you are a hourly employee you get paid for over time but if there is a "Down Day" then you will be un-paid for that day.

If my employer isn't going to pay me for my overtime because I am on salary how do they have the right to short me on the "Down Days"???

Pardon my ignorance but I work from 5:00-5:30 to 4:30-5:00 Monday thru Friday. I get a hour for lunch.

Thoughts?

Time period for unpaid overtime

wmoroni20 — Wed, 18 Nov 2009 09:37:34 GMT

I am currently a Salary Employee a few years ago I worked overtime and got paid for 2 weeks immediately on my next check overtime pay was cut. The employer refuse to pay the overtime and he had his payroll department stop paying. The employer is wrong and so is his payroll deptment. In Illinois their is a time period to file a claim and it is over. Can we still file a claim anyways just for record purposes or is it a waste of time.

Possible Nationality Discrimination

Peter Gumbrill — Tue, 17 Nov 2009 13:04:22 GMT

As of 2 months ago, I was sub-contracted through another agency to work as an IT contractor for a major corporation in central Illinois. I sat beside a co-worker who would periodically make disparaging remarks about my citizenship (Canadian), ie, "You're Canadian, you handle it!", "I thought all you Canadians knew how to do that." or "Because you're Canadian, that's why!" These remarks were random, and there were witnesses, as we worked in a command center environment.

Co-incidentally, it is this same co-worker that took a lie to management about me and had me released from my contract. Fired in other words, only a month after being re-newed for another year. Even I can connect the dots.

Do I have a case for a possible nationality discrimination lawsuit, and if so, how does something like this proceed? Thank you.

Separation agreement

Bob_75 — Mon, 16 Nov 2009 23:20:13 GMT

i recently got a separation agreement (after working for eigth years in the company) and was adviced to consult with a lawer before signing. The separation agreement states that i will recive 8 weeks of continous pay and benefits, general release agreement. i currently do not have an employment contract with them.

Two questions, what are the chances of extending the severance pay? also, would they not offer the continous pas for 8 weeks if i do not sign the agreement?

ruthless managment

jk1985 — Mon, 16 Nov 2009 04:12:10 GMT

i work for a very large public corporation. I really like what i do for a living but about six month ago we got a new manager. He is all high and mighty about himself and believes he doesn't have to follow the rules. in all reality he is not a very good manager at all.

i already know he is in violation of the 20 min break law. pretty much every day a person works their whole shift 8-9 hours and then is told to take a 30 min break an hour before they go home

he also writes the schedule less than 12 hours before it becomes active. for example... sat night he will have someone close at 11 and then open sun at 5. in the last month i have been late for the first two times because of this scheduling (worked there over a year). just today he "had a talk" with me and demanded to know why i was late. he even insisted to know after i told him it was a personal reason. can he legally expect me to work that shift? can he pressure ... about why i was late out of me.

the other day i did not work until 1... i got a phone call at 7am that i ignored because i thought he was trying to call me in. turns out he had lost his key to the store... i got yelled at because i didn't wake up and drive to the store to let him in.... i get paid by the hour so i find it kind of insulting to think im expected to do that for free. What are my rights during hours i am not scheduled to work?

i have worked every single holiday&nb... i started this job... i do get holiday pay but still i enjoy being with my family but will get written up if i don't work.

what should i do?!?!

Pay reduction due to mistake on Survey

wmoroni20 — Tue, 10 Nov 2009 08:51:16 GMT

I work for a Marketing research firm and made a mistake on a survey. The mistake caused a loss to my employer. We were all told to sign a agreement that any loss to the company gives the right of the company cut your salary to cover the loss. Is it legal to force someone to sign the agreement and if you do not you will be fired. Is this legal? Also if you are sick and are told if you get sick again your pay will be cut is that also legal. Please need your help on both issues Thanks

Drug screen & termination?

dynodavid — Wed, 11 Nov 2009 04:06:28 GMT

I was interviewed by a co. for a position of commercial truck driver. I have 10 years experience as well as a spotless driving record. I was sent for a pre-employment drug screen. This screen came back positive for marijuana. I am not a drug user, nor ever have used. The employer then sent me for a second test to determine if it could have been a false positive. I took the second test and it was negative. The HR dept. notified me that the job was mine and "welcome aboard".I was assigned a semi truck and trailer and went to work. At the end of 1 week on Friday, my supervisor praised my performance and also apologized for the doubts caused by the first drug screen. Later the same day I was contacted by HR dept. and told that they had not followed the proper procedure. They should have done a split test of the original drug screen. I was told that I could not work until it was done. The split test came back a week later and was also positive. I was then abruptly terminated for failing a drug test. This was reported to unemployment and I was denied my reinstatement of benefits.
My question is first, how can I be terminated for failing a PRE- employment test? And second, I was put to work in a commercial vehicle with them knowing that I failed the pre-employment test which i beleive is against DOT regulations. And third, I did exactly as asked and took another test and passed and was susequently hired then fired for the previous test. Do I have a case against this company?

Employer Sponsored Health Insurance

Nicole C — Tue, 10 Nov 2009 21:33:37 GMT

Can an employer extend the start date for employer sponsored health insurance coverage? For example, I was told that I would have health insurance after two months of employment - just like every employee at the company. But not too long after I was told this, it was then explained to me that I would not receive coverage until three months of employment. And then I was let go from the company - right before I would have qualified for health insurance. Can they do this?

Job Posting Question.

jocrkennel — Wed, 04 Nov 2009 23:13:04 GMT

If a job is posted and advertised publicly with a specific deadline date and certification requirement. Is there any recourse for filling the job before the advertised posting deadline? In this case there where 3 applicants. The applicant the position was filled with did not meet the certification deadline in time however was still given the position because the start date is not for a week or so yet giving the individual time to get the certification. I would think with specific criteria stated on the posting/ad the individual should be ineligible. Thanks

Unpaid Leave concern

Fijispring — Thu, 05 Nov 2009 22:57:15 GMT

I have recently been placed on unpaid leave from work until a pending court issue is resolved. This court matter is one that is outside of work and does not conflict with my company's business in any way. I do not understand how a company can force you to be on leave without pay due to a legal matter that has nothing to do with the job. According to my area manager, I have been placed on leave to "be able to have the time to dedicate to the issue and resolve the legal matter." I really don't need that much time off. Last month, I only had 2 court appearances, where I could have scheduled my day off or used personal time that I have for those two days. As this is now the start of month 2 of my unpaid leave, I am becoming more and more concerned since my savings is depleting to pay for my regular bills and the new legal costs, plus I do not qualify for unemployment assistance since I am still technically still employed by this company. Is this right? Is this legal? Can a company place you on unpaid leave for something that is occurring in your personal life even if it has nothing to do with the company's business and doesnt effect your work in anyway?

Employment Contract Question about giving notice

workinaway — Wed, 04 Nov 2009 22:30:30 GMT

Hi, I've been searching the internet all day for the answer to this and I think I finally found the place that could help. I'm currently working for an employer in IL. I have a contract with them stating that I would give 30 days notice prior to me leaving the company. However, since that contract was signed they have cut my hours from 40 hours per week to 37.5 hours per week. They have also cut the ammount of PTO that I will get. I'm wondering if those two changes will allow me to leave with just a typical 2 weeks notice instead of the full 30 days. If it does not change that, what could the company do to me if I left after 2 weeks of notice and not the full 30. I'm sure I'll be able to work something out with them but I just want to know what my rights are before I make any decisions. Thanks.

False Accusations

jazzy fay — Tue, 03 Nov 2009 17:18:40 GMT

The company that I've worked for, for 8 years fired me, said i was rude to a customer(phone sales). Was not allow to listen to the tape, but was fired. Unemployment had to review my claim to the the fact that was fired. After 3 weeks of uncertain, Unemployment sent me a letter saying my company said I made a mistake and but a sale through that was not a sale. I'm confused was i rude or did I make a mistake if a mistake why did you fired me after 8 year of service. I need a advice.

concerning doctors' notes, etc.

sagegrey — Wed, 28 Oct 2009 17:19:31 GMT

My fiancee has been in and out of the ER for the past year. most recently, she was diagnosed with an ovarian cyst. the medication perscribed for her requires she does not operate heavy machinery, when per position is that of a forklift operator. she works for a company that takes the policy of "if you bring in a doctor's note, we walk you out". with her having left work 1/2 hour early to go to the ER (they drove an ambulance into the wharehouse to get her), they charged her with 1/2 an occurence (attendance tracking, in this case relating to taking 1/2 day off). with her not being able to operate the machinery, she really can't perform her duties, and is thinking of going on FMLA. if she doesn't, they will charge her an occurence a day (at 10 you are terminated), and then fire her for not being there in her condition, reguardless of the fact she cannot perform her duties.

what are her options? is it legal for them to do this?

Employer Misrepresented hours, reporting structure, work hom

Art687304 — Thu, 08 Oct 2009 21:07:51 GMT

I have was RIFd twice in the last yr. I have been on unemployment benefits for about 3 months. I recently took a job offer, went to work 2 days (may stay longer) and have been told things now that i am in the office that were different than what was told to me in interviews and for which i wouldnt have accepted the job. Now, i dont want to have to re-file for unemployment in the event they reject it for whatever reason. How would Unemployment agency know if i worked for those 2-3 days? IS it the honor system? Do they run querries on SS #s? With so many horror stories i am scared to death to have to refile. If they told me the truth during the vetting process, i never would have accepted this position. Please help. How do they know if i actually did work for 2 days (or one week?)

Notified of Layoff then signed Voluntary Severance Agreement

Joetheengineer — Sun, 27 Sep 2009 21:21:24 GMT

I have what I believe to be a somewhat unique situation.

I had been employed at a manufacturing company for over 35 years in engineering or management positions. My last position was part of a facility that was closed and moved overseas. As required, I was given a Worker Adjustment and Retraining Notification Act (WARN) letter notifying me that my job was being eliminated. As part of the layoff, there was a fairly generous severance package offered.

Literally one week before I was to be layed off and leave the company, they announced a new voluntary severance program to try and reduce additional headcount. They even stated in the announcement that they were offering this program to try and reduce or avoid involuntary layoffs. The voluntary severance program included a severance benefits package that was slightly better than the the one that I was to receive as part of my layoff. In addition, my manager agreed to let me work an additional two months to help with another project and then leave under this voluntary severance program along with the other people who accepted this new package.

In summary, I was notified that I was losing my job. I had no other job to transfer into. I was headed out the door. I signed the voluntary severance package because it was a better deal and I was going out the door anyway.

I filed for unemployment and have been looking for other work. I started receiving unemployment benefits several months ago. The local unemployment office scheduled a telephone interview to discuss the conditions of me leaving the company. After the interview, they ruled in my favor. The company has appealed this decision and now I have a telephone hearing scheduled in two weeks.

My short question after this long description of my situation is as follows: Even though I signed a voluntary severance agreement stating that I left the company voluntarily, can't I argue in my hearing that I was losing my job whether I signed it or not? As I stated, I have a copy of the WARN letter showing that I was notified of my impending layoff.

How to handle an appeal by employer about unemployment

ksantlitz — Sat, 19 Sep 2009 23:16:22 GMT

I just got a notice of reconsideration and appeal in the mail for my unemployment benefits in IL. It says that it is not a notice of a hearing. Does that mean that there will be a hearing or that they will make a decision about whether or not to have a hearing and then contact me again? I whistle blew while working at a place for people with disabilties. Another staff memeber was yelling at the ladies at the house I worked at and called them "nasty" as a name as a way to discourage them from making a bowel movement in their pants. My manager told me give her two weeks. After I said something the ladies in the house said something. The manager said to them that they know how they should be treated and to let her know if she does anything else. After she left, the ladies kept talking about it and I agreed with what the manager said. The staff memeber retaliated and harassed me. I discussed the issues with other staff members outside of the house. She made a phone call to me one night while I was working and said some not so nice things. The next day I went to talk to my manager about what happened. I spoke for about a minute and she interupted me and asked if it was about the call the staff member made the night before. She proceeded to tell me she knew about the call and that I was not innocent myself. She said that by creating the hostility in the house, I was emotionally abusing the ladies as well. She also said that I had talked to the ladies prior to telling her what happened about how it was wrong what this staff member did. I did not do that. The staff member brought up that I had spoken to another staff member about it in front of the ladies and tried to defend herself in front of them. I suggested that we go into the garage where no one could overhear in the middle of the discussion. I don't know what to do. I don't want this twisted around so that I get the blame. If someone could suggest how I might prepare for this. The only other staff members that have seen or heard anything are friends of this other staff member, and I know this sounds a lot like high school, but I don't know what to do.

Will i be eligible for unemployment?

MitchMeyers — Sat, 12 Sep 2009 01:43:52 GMT

I am currently working for a company as an assistant manager in an extremely stressfull environment. Recently i have been demoted with a cut in hours and in pay. Due to the situation in my current store i was willing to accept the demotion knowing the difficulty in finding a new job in illinois. I only asked that because the demotion would cause me to work under people i was formerly in charge of and because of the extreme stress my current store manager puts on me to the point of seriously effecting my personal life i wanted to be transfered to a different store for the new position. My request was denied and i put in my 2 week notice.

Will i be eligible for unemployment?

Calling in sick

stellabean — Wed, 09 Sep 2009 20:45:22 GMT

Is your employer allowed to call you multiple times after you have called in sick, and 1. demand that you go to an immedia care as opposed to your own doctor.

2. can they tell you not to call in sick, even though there was a corporate communication that went up that if you are sick the company asks that you stay home to avoid the potential spread of h1n1.

I never called in sick, I called 3hrs before my scheduled shift and I couldnt get through to my doctor. I was called and harrased by my general manager my district manager and another manager that was beneath me. All of them stating that I had to make a choice between being sick and work.

After I gave the note (requiring me to take 4days off as opposed to just the one I felt I needed.) my manager called me again and asked what I had and what medications they gave me so she could research them...

I am also a manager and I again specify I called in one other time and that was after a car accident over a year prior to this incident. I never missed work and oftentimes worked stretch shifts to cover our lack of staff. Which I believe inevitably led to a rundown of my immune system as I had been sick for about a week, before I finally couldnt go to work physically anymore...

I am sure this is legal but somehow it seems like an extreme violation of personal liberties to make someone fell if they are sick they will lose their job

Indiana office Illinois based company

stellabean — Wed, 09 Sep 2009 20:54:51 GMT

Hi me again.. I should also state that I live in Indiana and there was no Indiana labor law forum so here goes.

I live in Indiana but I work for a major corporation that is publically traded, and based in Illinois...I say that to say this

Indiana DOES NOT have meal/break laws however....

OUR company policy that is laid out not only in our handbooks but in our human resources guide as well that all hourly employees (including non-exempt managers as I am/was an hourly manager) are to be given a 15 minute break for every 31/2 hours worked and a half hour for every 6 1/2 hours worked.

This policy is corporate wide and I am under the impression that a corporation that operates in multiple states is to adopt the most stringent state department of labor rules and guidelines so as to avoid lawsuits.

In my 2yrs there I have maybe been given a handful of lunches...I always worked a minimum of 8hours a day and oftentimes 14 and 15hour shifts and the only manager in the store so i was not allowed lunches because I had to be on the sales floor at all times.

Just because our store is not in Illinois doesnt it have to follow the corporate policies set out by the company who is based in Illinois?

Lunch for Exempt employees in ILLINOIS

dankowal — Thu, 10 Sep 2009 17:56:20 GMT

I have been working for the same company for 9 years, we recently merged with a different bank and I became exempt. I was always working 35 hours without lunch for the last 9 years but my new manager told me I have to work 40 hours right now and I am required to take a lunch since I will be working 7.5-8 hours per day. Because of kids, I'm not able to stay that half hour longer to cover the time for lunch, am I really required to take a lunch as an exempt employee? Is there any laws that require that? Can he make me do that? He said if I can't stay that 30 minutes longer each day than I will have to work less than 7 hours 4 days a week and will be required to work every Sat and Sunday (6 days a week). If I say no, can I be terminated? I really don't want to lose my job but I have no other options. I would appreciate any advise.

can i be fired for drawing unemployment and working ?

burntup1971 — Mon, 07 Sep 2009 19:32:17 GMT

I worked for a company for 15 years and it is a union shop i took a voluntary lay off from january to the end of march then i returned back to work and i keep calling in to claim unemployment my work found out about it and fired me they said i falsified a company document but i didnt i falsified unemployment has nothing to do with the company. I went to unemployment and told them what i did and they said i have to repay it. I feel i should of not been fired. The union is weak and i was told by the business rep that they would not take it to arbatration. So thats why i am geting legal advice cuz one of my committee men told me to.

Paycheck Withheld

bbrookguy — Fri, 04 Sep 2009 12:07:42 GMT

On Aug. 28, 2009 my supervisor had my paycheck withheld from direct deposit. When I noticed that the check had not been deposited, I contacted him via email and asked if he knew why. His response follows

"Yes, that was me. I did that because It appeared that I couldn't get your attention any other way. I had sent numerous emails with no reply. We are OK now. I will make sure that it is there this Friday. Thank you Peter. Jim" He had only sent 1 email to which I had responded. I demo pet food for a company, so I am on my own in the field, and only work weekends. I have no contact with this supervisor unless I need something. My issue is since he withheld my check, an auto withdrawal came out of my bank account and I've now had to pay $235 in overdraft fees. My check is not there today, Sept. 4, 2009, as he stated it would be. I will now be incurring more overdraft fees. Is there anything I can do? Can he legally withhold my check?

Calling in sick

workinfodaman — Mon, 06 Jul 2009 16:06:57 GMT

I work for a large IL company with over 1000 employees.

There is debate in my department whether or not the director/supervisor can ask specifically what is wrong when one calls in sick. Some say HIPAA, others say in Illinois an employer cannot ask.

From what I've read in other posts here I'm thinking that both of my above examples are not true. However, is an employee 'required' to state the reason for illness or can said employee just say something generic like, "I don't feel well and I'm not coming in"?

Thanks.

Employment discrimination?

Azie — Wed, 02 Sep 2009 00:20:04 GMT

I'm working with a 6-people company in Chicago. I encounter a situation, which I considered my employer treats me unfairly due partly to my non-US citizenship status.

I received my master degree last year and worked full-time with the current employer since then. I am a non-US citizen and a H-1B holder.

The situations I encouter include:

1. During the annual review of 2008, I was told that my salary won't be
easily raised during the period when I'm with the firm because I'm
foreigner and they already sponsored me to applied for H-1B. According to a recent conversation with my colleague, I learned that the two partners told my colleague during the mid-year review at the end of June 2009 that he won't have raise for the rest of the year. To make my colleague feel better, they also told my colleague that they already told me they will cut me off from any raise because I'm a foreigner. I was not informed of any mid-year review at all.

2. In the same conversation, my colleague told me that he is entitled to 15 days of vacation when he started working with the firm in July 2007. However, I am entitled to 10 days in the first 18 months and 15 days after working with the firm for 18 months.

3. During my summer internship with this firm in 2007, my monthly salary was $2000 less than other interns who worked for the summer of 2008. And I worked one month more than those interns did in 2008. The job function and title were the same.

All the analysts (including me) in my firm are from same school and received same degree.

Do I need a lawyer? I am an alien and will lose my legal status to stay in the US if I plan to quit my job to take legal action. Can I take legal action while I'm still working for the firm? What is the best approach to solve my situation?