Answers Posted By Alejandro Caffarelli

Answer to I live and work in Illinois. My company is headquartered in Illinois as well. They recently sent out a mandatory arbitration agreement to all employees. If I don't sign, can they fire me?

Short answer, yes. And although I personally disagree with the outcome, the only real way to change that is to vote for politicians that are sympathetic to worker rights (actually sympathetic not just posturing) and demand that congress amend the Federal Arbitration Act.

posted Jun 19, 2018 11:59 AM [EST]

Answer to Can a employer demote and take pay away without written notice

Assuming you are an employee at will, yes. The exception to this rule would be if the reason for the demotion violates a law, for example discrimination or retaliation for engaging in protected activity, or if you have an employment contract for a term guaranteeing your position and pay.

posted Aug 31, 2016 06:21 AM [EST]

Answer to Can text messages between you and your employer be used as exhibits in a unemployment phone hearing?

The hearing officer was absolutely wrong, the statement of an opposing party is by definition not hearsay. You should definitely appeal.

posted Jul 12, 2016 09:31 AM [EST]

Answer to I broke my leg and ankle at home. I filed for fmla and std on january 26, my fmla ends march 14. I filed a request for leave since my job said i cant return to work on restriction from dr but dr wont release me to non restriction until june 1st. They said

You may have a claim under the ADA for failure to accommodate, if they made no effort to truly investigate whether you could do your job or a similar one with the restrictions. Check with your local EEOC office.

posted Mar 13, 2016 10:14 PM [EST]

Answer to my employer never gave me fmla info or paperwork when I gave notice of leave. FMLA was never mentioned. Is there liability there?

Possibly, it depends on what exactly you said about your need for leave or your medical conditions.

posted Mar 10, 2016 11:49 AM [EST]

Answer to The FMLA provides longer service employees of larger employers the right to take up to 12 weeks from work without losing their job. Is that 12 weeks a year or 12 weeks for the rest of your life????

It is 12 weeks per year, either per calendar year or on a rolling basis. The employer can choose either one, but if it does not specify which method it is using then you are entitled to take advantage of the method that is most advantageous to you.

posted Oct 19, 2015 6:38 PM [EST]

Answer to I recently resigned from a company in illinois, after 4 years of service, I had 40 hours of unused accrued vacation pay (which i had to make several phone calls to get)...just found out today that they are paying me the 40 hours as severance pay...(higher

Well, they have to pay you any accrued, earned vacation upon termination. If they call it "severance pay," it doesn't really make a difference, unless they are making you sign a release or something else to get it. You shouldn't have to sign any releases in order to get your final paycheck, including unused vacation. For further info check out the Illinois Department of Labor website, where you can get information about filing a charge. Good luck -

posted Apr 13, 2015 4:59 PM [EST]

Answer to Do i have a legitimate case?

This may be a violation of the Fair Credit Reporting Act, depending upon some additional facts. I'm happy to offer a free consultation to evaluate the case, just visit my website at for contact information.

posted Apr 3, 2015 07:44 AM [EST]

Answer to Do i need a lawyer

You submitted a summary indicating that you may be interested in meeting with an attorney. If you are interested in scheduling an initial over the phone consultation, please do not hesitate to contact our offices to arrange a date and time for a screening.

If you have any questions, or if you would like to schedule a consultation, I may be reached at (312) 540-1230.


posted Aug 29, 2013 12:59 PM [EST]

Answer to Anyone know of an employment attorney that will work on a contingency basis?

If you are interested in scheduling an initial over the phone consultatuion, please do not hesitate to contact me directly to arrange a date and time.

If you have any questions, or if you would like to schedule a consultation, I may be reached at (312) 540-1230.

Caffarelli & Siegel Ltd.

posted May 8, 2013 07:17 AM [EST]

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