Answers Posted By John Otto

It is against the law to discriminate against someone for taking FMLA leave. It sounds like they are discriminating against you because of your taking FMLA leave. You should see a lawyer to discuss whether it is worth filing a lawsuit, since you still have your job, and your damages, at this point, at most would be 15 days pay.

answer to Docked pay due to use of FMLA posted Aug 23, 2010 5:36 PM [EST]

They have probably already retaliated against you for using FMLA by putting a letter in your file for excessive absenteeism if the reasons for your absences was FMLA. Also, the comment that they would have fired you already if you were not on FMLA seems designed to intimidate you. So far, you haven't lost any money so it's probably not worth filing a lawsuit. However, I would talk with an attorney in Quincy and ask him/her to write a letter to the employer pointing out the employer's obligations under FMLA.

answer to FMLA time posted Jul 14, 2010 03:32 AM [EST]

It certainly isn't worth hiring a lawyer for $240. However, it would cost you nothing to call the Illinois Department of Labor. Their phone number is 312-793-2808. Or you can file out a complaint on-line here: http://www.state.il.us/agency/idol/laws/Law115.htm

answer to medical payment taken out of vacation payment posted Jul 10, 2010 6:58 PM [EST]

First of all, you have to be careful to specify what kind of harassment you're talking about. Harassment by itself -- because someone just doesn't like you, the people you work with are jerks, etc. -- is not illegal. The only kind of harassment that is actionable is harassment BECAUSE OF sex, religion, age, disability, sexual orientation and the other things specifically mentioned in the Human Rights Act, plus some miscellaneous additional things like retaliation for filing a workers compensation claim, for filing or helping someone with a discrimination claim, etc. If the harassment you are getting is actually illegal harassment (most isn't) then you need to immediately file a charge with the Illinois Department of Human Rights. The reason you need to do it right away is because they can only go back 180 days (300 days if it's a federal violation) with some exceptions.

answer to can my company be held liable for my continued harassment? posted Jul 2, 2010 11:30 AM [EST]

Frankly, I don't know the answer without researching it. (How often do you have a lawyer tell you that?) I think a lot depends on your particular insurance plan. I would start by talking to the insurance representative. If she doesn't have a clear answer, I would hire a lawyer to research and answer the question.

answer to Fail Drug Test = No employer sponsored medical posted Jun 16, 2010 10:52 AM [EST]

Unless you have an employment contract (most people don't) or are a member of a union, the employer can pretty much do what they want as long as they are not taking actions because of your race, religion, age, disability, sexual orientation, marital status and a few other items.

So, the short answer (if you are not in a union or have an employment contract) is "yes." They are not required to give you any specific job classification or to pay you any specific wage. But it gets even worse. They can fire you, even though you are doing a wonderful job and have not done anything to deserve firing.

Illinois is an employment-at-will state which means the employer is free to do whatever they want (except for certain specified exceptions) and if you don't like it you can work somewhere else (or at least that's the theory.)

answer to Can i be demoted for my availability changing and can they take my raise? posted Jun 12, 2010 06:00 AM [EST]

No, you are not correct that there is nothing you can do. You can file a lawsuit against the employer for interfering with your FMLA rights. While that may be uncomfortable to do while you're still working there, it looks like they're setting you up to fire you anyway. If they do, after you have filed your FMLA suit, then you have another count for retaliation for filing the FMLA suit. I do not handle cases in Quincy. You should see someone locally who is familiar with employment law. If there is no one there, you could go to Springfield or Peoria. Good luck.

answer to Disciplined for FMLA excuse posted Jun 3, 2010 9:56 PM [EST]

You can file a charge of discrimination with the Illinois Department of Human Rights and the Equal Employment Opportunity Commission. Filing with the Illinois Department automatically files with the EEOC. It sounds like you may have grounds for charging sex and race discrimination.

answer to Do we have an discimination case? posted May 27, 2010 9:48 PM [EST]

It depends on when the commission is earned. If the commission is earned when the sale is completed, then you would owe the commission even if it hasn't been collected. If the commission is earned when payment is received from the customer, then I think a position that you don't pay the sales rep who is terminated before the commission is received could be defended. The key is to have a well-defined written policy, that is scrupulously followed in all cases, and to buttress its defensibility have the employees sign that they have read and consent to the policy.

answer to IL - Commissions upon termination posted May 18, 2010 1:41 PM [EST]

Is your daughter covered by a collective bargaining agreement? Does she have some other kind of contract? If not, she is an at will employee, just the same as a non-governmental employee. I see no reason the Village could not change her rate of pay or her duties for work she is to perform in the future, either up or down. The theory is that if she isn't satisfied, she can find another job, although in this economy the theory isn't supported by the practical facts.

answer to Can employer (a government entity) change rate of pay and still require my daughter to do same work? posted May 14, 2010 10:53 AM [EST]