Answers Posted By Cynthia Pietrucha

Answer to I live in Illinois, we are now

It is likely you can change the start date for almost any reason you want, unless that reason violates a local, state or federal law.

The World Health Organization (WHO) has declared COVID-19 to be an international pandemic. Given the current COVID-19 situation, many work locations and industries in Illinois are temporarily closed.

You seem to have covered yourself in case of an alleged breach of contract by only including a projected start date. This means you have promised a plan to start by a certain date, but that plan is subject to change.

Must you pay these employees unemployment? Probably not. If they never worked for you, they can never be separated.

Can these employees refuse to accept the delay and decline the job? Yes. They are welcome to find employment elsewhere.

Overall, both parties should remain flexible during the COVID-19 temporary conditions. Some events are just out of our control.

posted Mar 25, 2020 6:36 PM [EST]

Answer to I was laid off over 2 months ago and received servance pay. The company is offering me a position now. Will I have to return all the servance pay?

I agree with Attorney Wood. Assuming you signed a severance agreement in order to receive the severance pay, the terms of the agreement will control.

Most severance agreements are silent on what happens to the severance money if you are rehired, but usually severance agreements state you are not eligible for rehire.

Before accepting the position, clarify your obligations as it relates to the already received severance pay and best of luck.

posted Jul 3, 2018 4:27 PM [EST]

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?

Ideally an arbitration agreement should come with an "Opt Out" provision. If there's not one, you should ask if the terms are negotiable or if you might be able to "opt out". If you are a valued employee, your company may make an exception and work you to reach fair terms rather than part ways with you. However, if you don't sign the terms this could jeopardize your job.

I suggest you discuss this matter with an employment lawyer. Time is of the essence.

posted Jun 19, 2018 12:17 PM [EST]

Answer to I was fired from my job because they say I was stilling time what should I do

Time card fraud is a serious crime. The seriousness depends on how much time you allegedly stole. You should request a copy of your personnel records to see if the company is building a case against you. If you did not actually steal time, you should make sure the company adds your statement to your personnel records saying such and also apply for unemployment benefits. If you actually did steal time, tread carefully and contact a local criminal attorney immediately. I wish you the best with this matter.

posted Apr 20, 2018 09:08 AM [EST]

Answer to Demotion and reduce pay

Typically in Illinois, employees are "at will" and can be terminated or subjected to reduced pay. The exceptions are if there exists an agreement to the contrary or if the reason for a demotion/reduced pay is based on the fact that you had chemo. You may have a potential disability discrimination case if your employer's 100% comment is based on discriminatory reasons or because you had to take leave to recover from chemo. However, if you are unable to perform your job at 100%, you should ask for a reasonable accommodation to give you an equal chance to perform at your true potential or discuss any potential discrimination with human resources. Dates will be very important as discrimination claims have a shelf life of 180-300 days. I would highly recommend you call an experienced employment lawyer for a consultation.

posted Jul 7, 2017 10:48 AM [EST]

Answer to Can an employer hold a job for a previous employee that's hasn't been there for 6 months or more I'm just asking cuz it's kinda unfair for other applicants

The answer is probably yes, but it depends on the reason why you are not getting hired. If you suspect the reason is because of a protected class status, you should contact an experienced employment lawyer to discuss your concerns.

posted Jun 29, 2017 6:05 PM [EST]

Answer to if i lose my reconsideration hearing will IDES provide me a lawyer

IDES does have a Legal Services Program (LSP). Contact LSP immediately to see if you qualify for their services (http://www.ides.illinois.gov/Pages/LegalServicesProgram.aspx). Outside of the program you are free to contact an unemployment attorney and discuss an affordable rate for representation.

posted Aug 3, 2016 12:49 AM [EST]

Answer to Hi. My question is my boss moved me to Illinois from Wisconsin in less than 2 weeks time..he has now fired me and is expecting me to move out of the apt he's supplying for me in less than a week

Typically no but you'll need to consult with an attorney to discuss the specific terms of your employment and the terms of your housing. If you have any paperwork documenting your employment and housing situation, bring it to an attorney for review.

posted Aug 3, 2016 12:35 AM [EST]