Answers Posted By Ron Schwartz
From the FMLA regulations:
d) Retroactive designation . If an employer does not designate leave as required by §825.300, the employer may retroactively designate leave as FMLA leave with appropriate notice to the employee as required by §825.300 provided that the employer's failure to timely designate leave does not cause harm or injury to the employee. In all cases where leave would qualify for FMLA protections, an employer and an employee can mutually agree that leave be retroactively designated as FMLA leave.
Ron Schwartz
(312)263-6330
answer to FMLA and STD posted Sep 21, 2011 6:14 PM [EST]
d) Retroactive designation . If an employer does not designate leave as required by §825.300, the employer may retroactively designate leave as FMLA leave with appropriate notice to the employee as required by §825.300 provided that the employer's failure to timely designate leave does not cause harm or injury to the employee. In all cases where leave would qualify for FMLA protections, an employer and an employee can mutually agree that leave be retroactively designated as FMLA leave.
Ron Schwartz
(312)263-6330
answer to FMLA and STD posted Sep 21, 2011 6:14 PM [EST]
Your question suggests that you may have (1) an Equal Pay Act claim; (2) a sex discrimination claim and/or (3) a retaliation claim under the Family and Medical Leave Act. Call me if you wish to discuss this further.
Ronald B. Schwartz
Katz, Friedman, Eagle, Eisenstein, Johnson & Bareck, P.C.
77 W. Washington St., 20th Floor
Chicago, IL 60602
(312)263-6330
(312)372-5555 -- fax
mailto:rschwartz@kfeej.com
http://www.kfeej.com
answer to Benefits, pay increase given to male colleagues only posted Jul 1, 2011 09:59 AM [EST]
Ronald B. Schwartz
Katz, Friedman, Eagle, Eisenstein, Johnson & Bareck, P.C.
77 W. Washington St., 20th Floor
Chicago, IL 60602
(312)263-6330
(312)372-5555 -- fax
mailto:rschwartz@kfeej.com
http://www.kfeej.com
answer to Benefits, pay increase given to male colleagues only posted Jul 1, 2011 09:59 AM [EST]
Your situation is unusual. More than likely, there has been some administrative delay in sending the separation papers to you. If you will be receiving severance pay you will still be allowed to receive unemployment compensation. When you receive the paperwork please read my article on severance pay: http://workplacelawyer.com/severance.html
answer to Does a company have to provide a separation agreement if they state that in the termination letter? posted Jun 28, 2011 11:24 AM [EST]
answer to Does a company have to provide a separation agreement if they state that in the termination letter? posted Jun 28, 2011 11:24 AM [EST]
You asked two questions. One concerns demotion and a pay cut. The other is whether your fiance is entitled to overtime.
Generally, as to employees who work in Illinois, if an employee does not have a contract of a definite duration and there is no unlawful discrimination, an employer can demote an employee at will. This also includes pay cuts.
Regarding overtime, it depends on how many employees your fiance supervises and what his primary duty is.
If you want to discuss this further have your fiance call me.
Ron Schwartz
312-263-6330
answer to My fiance is being demoted out of nowhere and they are decreasing his salary. Can they do this? posted Jun 23, 2011 09:36 AM [EST]
Generally, as to employees who work in Illinois, if an employee does not have a contract of a definite duration and there is no unlawful discrimination, an employer can demote an employee at will. This also includes pay cuts.
Regarding overtime, it depends on how many employees your fiance supervises and what his primary duty is.
If you want to discuss this further have your fiance call me.
Ron Schwartz
312-263-6330
answer to My fiance is being demoted out of nowhere and they are decreasing his salary. Can they do this? posted Jun 23, 2011 09:36 AM [EST]
The FMLA claim is worth looking into further. Please feel free to call me to discuss.
Ronald B. Schwartz
Katz, Friedman, Eagle, Eisenstein, Johnson & Bareck, P.C.
77 W. Washington St., 20th Floor
Chicago, IL 60602
(312)263-6330
(312)372-5555 -- fax
mailto:rschwartz@kfeej.com
http://www.kfeej.com
answer to Exempt employee and making up missed time posted Jun 9, 2011 3:04 PM [EST]
Ronald B. Schwartz
Katz, Friedman, Eagle, Eisenstein, Johnson & Bareck, P.C.
77 W. Washington St., 20th Floor
Chicago, IL 60602
(312)263-6330
(312)372-5555 -- fax
mailto:rschwartz@kfeej.com
http://www.kfeej.com
answer to Exempt employee and making up missed time posted Jun 9, 2011 3:04 PM [EST]
Check with IL Dept. of Employment Security
If you have not already done so, you should check with the Illinois Department of Employment Security. If you are not satisfied with the response you receive, you may need to consult with an employment attorney.
Ron Schwartz
Ronald B. Schwartz
Hedberg, Tobin, Flaherty & Whalen, P.C.
Three First National Plaza, Suite 2150
Chicago, IL 60602
(312)726-0236
(312)726-3179 -- fax
mailto:ronschwartz@igc.org
http://workplacelawyer.com
answer to Self-employed eligible for unemployment ? posted Jan 11, 2003 11:05 PM [EST]
If you have not already done so, you should check with the Illinois Department of Employment Security. If you are not satisfied with the response you receive, you may need to consult with an employment attorney.
Ron Schwartz
Ronald B. Schwartz
Hedberg, Tobin, Flaherty & Whalen, P.C.
Three First National Plaza, Suite 2150
Chicago, IL 60602
(312)726-0236
(312)726-3179 -- fax
mailto:ronschwartz@igc.org
http://workplacelawyer.com
answer to Self-employed eligible for unemployment ? posted Jan 11, 2003 11:05 PM [EST]
Here is an article on defamation
Take a look at an article I wrote about defamation in the workplace. After reading the article, if you are interested in meeting with me call me. The link to the article is: http://www.workplacelawyer.com/defamation.html
Ron Schwartz
answer to Possible defamation posted Feb 21, 2001 12:32 PM [EST]
Take a look at an article I wrote about defamation in the workplace. After reading the article, if you are interested in meeting with me call me. The link to the article is: http://www.workplacelawyer.com/defamation.html
Ron Schwartz
answer to Possible defamation posted Feb 21, 2001 12:32 PM [EST]
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