Answers Posted By Anthony Cameron

Answer to my employer was having an adulturess affar and but me in the middle of it and i quit will i be eligible for unemployment benefits

I'm sorry for your plight.

In Illinois "Voluntary Leaving" is presumed to be a disqualifier for IDES benefits. Under that general rule there are five exceptions. I'll come back to that.

Mechanically, how it works is that you apply for benefits and your employer has ten days from getting notice to Protest. You will then be set up with a telephone conference with an "adjudicator." This is not a legal proceeding and you do not need a lawyer for it. The employer will not be on the line.

Then, a "determination" is issued. This is the critical stage. If the "determination" is against you, you must lawyer up right away. Find somebody who does IDES cases, not just employment law. The next step is a so-called "Referee" hearing. They call them Administrative Law Judges now. Even though on the phone, this is a full blown legal proceeding.

Now, on the merits: The first way to fight "voluntary leaving" is not to go right to the exceptions but battle the very notion that the leaving was voluntary--i.e. that no reasonable person would have stayed in those circumstances. But you also have an exception in play "Sexual Harassment" (albeit a strange kind.).

I think your case turns on whether you knew of the infidelity because of your employment or knew it incidentally because the guy was your Buddy. If you were witnessing the indications of it in the workplace, and were asked to lie to spouse, the sexual harassment exception might be in play. If the gf was an employee, you may also have a kind of legality defense in that you were being asked to lie about something that is technically against the Illinois Human Rights Act.

Apply right away and start scouting for an IDES lawyer.

posted May 13, 2016 1:39 PM [EST]

Answer to Possible Class Action.

This turns on whether you a "qualified person" and whether any accommodation which would allow you to contribute at work is reasonable.

The email cutoff is a little bit of red herring and, as a matter of Illinois law the employer has no duty to facilitate your MCE. Many employers recognize that training nurses on site or on line is in their own enlightened self-interest but access on that score is not mandatory.

It sounds to me like you have to have a first resort to the either IDHR or EEOC, so jumping right to group litigation may not be on the table or on the table yet.

I have run into a small exception to my first paragraph and Neil's response in Infectious Disease wards. The employer was able to articulate a Bona Fide Occupation Rationale for the bright line.

By all means call Neil but I suspect you will also need a Chicago Employee Rights lawyer as well. You can look up the estimable Aaron Maduff on this site. If you have Neil and Aaron in your corner, I like your chances. I think, as a function of geography, I cannot help you but I certainly wish you well and would love to hear an update down the road.

posted Jun 27, 2015 8:59 PM [EST]

Answer to Can a Non-compete agreement be upheld if my company isn't competing in the industry segment?

You don't state how closely the general mission of the company and the prohibited conduct are aligned. Of course, there are a whole different buffet of issues if you did sign a non-compete with your employment agreement. That agreement would have to analyzed as being contemporaneous with your employment and cannot be addressed here. Assuming, you signed no initial non-compete, we must first remember that an exit or severance agreement is governed by completely different doctrine than at employment intake. Since the employer is under no obligation to offer severance, any money it does offer does constitute adequate consideration for the bargain, whatever that bargain is. Theoretically, they could pay you not to eat pasta or not to ride a bicycle for the number of mos. It really doesn't matter that they are not asserting a protectible interest (like it would in an employment agreement.) The agreement on severance would be whatever the two parties would agree to. The analysis you are attempting to apply only fits in a preemployment non compete. At this stage, you are bargaining for content. Of one thing I am sure: No court is going to allow to sign an agreement, take the money and then argue you are not bound by a completely voluntarily entered into bi-lateral severance agreeement. Perhaps you have read something about non-competes online and whatever you have read makes no distinction between entering and exit agreements. If you take their money, be prepared to bound by the language of the NCA/Severance agreement.

Anthony Cameron
Quincy, IL

posted Apr 29, 2015 09:58 AM [EST]

Answer to I have been harassed at my workplace, not received my 2 raises I was promised upon hire and have constantly been targeted for any and all

Illinois offers no protection against generalized jerk, dishonorable bosses. If your mistreatment is not based upon a protected category (disability, gender are examples) your remedies are slim to non-existent, so long as you work for a private employer. If disreputable jerk employer is a governmental entity, that's a little different. Then see an employment (not labor) lawyer.

I am sorry you are going through this but your home town is richly populated with jerk employers.

posted Mar 16, 2015 3:36 PM [EST]

Answer to Can employer reduce salary and f/t hrs from 40 to 30 hrs and salary and expect work product to be the same as 40 hrs

I'm sorry but, if you're salaried, what difference does it make how many hours you are scheduled? Have they reduced your pay? Is that what you are trying to say?

I will look back in here in a day or two to see if you've clarified.

Anthony B. Cameron
Quincy

posted Feb 22, 2015 10:11 PM [EST]

Answer to Employment terminated for supposed HIPPA violation. Can I sue for wrongful termination?

You don't say whether you have counsel for your IDES appeal and you are already at the third stage. You don't say whether you worked for a governmental body or a private one. Most Institutional employers and their in house lawyers do not understand HIPAA and overreact to anything they consider a leak.

Your priority should be to find counsel to review your BOR appeal and possibly file an amended one. I have never seen a lay person file an effective BOR appeal.

Next, you need to discuss the details with a skilled employee rights lawyer in your area. I think you are near metro east so use this board to find a good one.

posted Feb 20, 2015 11:11 AM [EST]

Answer to I was fired for checking time on my phone.

You give a good description of why you were fired and your defense but you say nothing about where you are in the IDES process. That is critical information. If you have just now rec'd a "determination" that says you are ineligible, you are in good shape. You want to go to the next step, which is a "Referee" hearing. This is not a DIY project. Find a lawyer to file the appeal for you and to represent you during the appeal. Be careful, you do not need simply an "Employment" or "Labor" lawyer. You need somebody who does IDES cases regularly. There are only about 15 of us south of I-80.

You have very strict timelines so get on this immediately.

Section 602 disqualifies on "misconduct" but that word does not mean what it means in any other context. Essentially you must have violated a rule after a warning AND harmed the employer by doing so.

If this was State Road Motor Fuel project your activities were probably filmed.

These hearings are done on the phone but the paper work has to be correct and prompt so get busy finding the correct lawyer.

Tony Cameron
Quincy

posted Feb 5, 2015 4:09 PM [EST]

Answer to My employer has announced plans to retire and close the business. Am I still bound by agreement?

You have a whole pile of issues packed into your questions. First, you may have some free-stamding obligations under the Illinois Trade Secrets Act. Second, there would have be an analysis of the four corners of your non-compete. Third, we'd have to look at what "consideration" you rec'd for our signature on the non-compete. Fourth, there is the question of whether your employer even has a claim upon a protected interest in view of his intent to abandon the business in the relatively near future. Then there are some other factors (such as whether you have any equity interest at all, the extent that the customers are already dealing with your current customers and how common your product, service is. Finally, no matter how we analyze all of those things, some employers flinch in tacking on an employee subject to a non-compete anyhow.

As you can see, there are a lot of moving parts here and you need a lawyer to discuss your fact-specific situation and a few modern tools to deal with it.

Be proactive and get a strategy on this. Good Luck!

Tony Cameron
Quincy

posted Jan 31, 2015 2:48 PM [EST]

Answer to Is there any way to get around this non-compete problem...????

I am just leaving for court so I can't be very comprehensive. Let me ask you three questions that are vital in the analysis of your problem:
1. Did you sign an employment contract at the first job?

2. Were you paid anything specifically for signing the non-compete?

3. Exactly How long did you work at the first job.

Subject to your current lawyer's advice, quitting or doing anything sudden or rash right now would be a poor decision. Please answer these questions and I will try and direct you further. It would be helpful if you also provide the community in which you live. Is your current lawyer a MEL panelist?

I will be done with court this early afternoon and will check back for your answers. I am 300 miles from you but I will help you get on the path most likely to lead to a decent outcome.

Finally, if you have a scanner capability, put up the non compete with the names redacted. It's amazing how many variations are floating around.

Sorry for your consternation. As if nurses' lives aren't stressful enough as it is.

Tony Cameron
Quincy Illinois

posted Dec 19, 2013 08:21 AM [EST]

Answer to Can my employer force me to split my shift ?

Illinois has neither a prohibition against split-shifting nor does it enforce a so-called "reporting rquirement pay." Split Shifts are common and expected in food service.

Here is one thing to watch for. Split shifting can often create overtime by accident. Remember, OT arises when you have more than 8 in a day AND more than 40 in a week. Every time you work splits, graph you time by 24 hour period and see if it runs over. Also, you are still working, presumably, your 8 in a day so you get your 15 minute breaks and a meal break. Splitting doesn't erase the meal break requirement.

Finally, it's OK to point out why the split doesn't work for you (Long commute, whatever) and ask it they'll exhaust volunteers first. Also, if you have a bona fide disability that is exacerbated by the break in service, you may have an ADA/IHRA excuse not to split.

Not much here. Sorry.

Anthony B. Cameron
Quincy

posted Nov 26, 2013 09:50 AM [EST]