Kristen Prinz
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Answers Posted By Kristen Prinz
Answer to How is severance pay taxed?
I would have to see your agreement to give you a thorough answer, but in some circumstances, an employer will pay severance through payroll and both the employee and employer will pay their share of payroll taxes and FICA, but the employer may also protect itself by including a provision that the employee accepts all tax liability if there are any shortages. There are other reasons for including a tax liability provision so have your agreement reviewed to be sure.To get an agreement reviewed without spending more than the severance, ask for a flat fee review. My office offers this option and many other attorneys do as well.
posted Jan 20, 2010 07:43 AM [EST]
Answer to How do I make it stop?
It sounds like you have filed a Charge with the EEOC. Depending on the timing of the events, there are other local agencies you may want to file with as well such as the Illinois Department of Human Rights and the Cook County Human Rights Commission. As Mr. Otto posted, you have a very short time period in which to file so, if you have not done so and are within the time limitation, do so immediately to preserve your rights.My office routinely represents employees who have been subjected to discrimination and I would be happy to schedule a consultation. Regardless, I suggest that you speak with an attorney as soon as possible.
posted Jan 18, 2010 08:41 AM [EST]
Answer to Cutting duties and salary
An attorney would need more information to answer this question. Has the policy changed in recent years? Are there any male colleagues whose duties are now being cut, but not their salaries? Does your employer have a pattern of cutting only female employees' salaries? It is discriminatory and unlawful to cut your salary based on your gender. However, if your employer is applying the current policy of cutting salaries with cutting duties uniformly to all employees (regardless of gender), then it is likely not discriminatory.posted Dec 28, 2009 3:58 PM [EST]
Answer to Did a co-worker defame me?
It depends. More information is necessary to answer this question. Did she only make statements to Human Resources? If so, did she say she felt harassed or that have harassed her?Statements of opinion are not typically considered defamation. Plus, unless it is per se defamation, you would need to show that you have been damaged in a way that is quantifiable.
posted Nov 13, 2009 08:14 AM [EST]
Answer to What are the laws in IL for bathroom access in a very small company?
It sounds like you are dealing with an uncomfortable situation. You have the right to file a complaint with OSHA if you believe that conditions at your work site are unsafe or unhealthful. OSHA does take complaints seriously, but it is unclear whether they will find the situation to be unsafe or unhealthful. OSHA and other laws protect employees from being retaliated against for filing this type of complaint. However, the time frame in which you must report retaliation is very short. OSHA provides information for workers at this link: http://www.osha.gov/as/opa/worker/index.htmlposted Oct 20, 2009 4:11 PM [EST]
Answer to Can I sue if I've not been paid for work in over a month?
Without knowing more details, I can't say with any certainty that you have a claim, but Illinois has a Wage Payment and Collection Act that is enforced by the Illinois Department of Labor. You don't need an attorney to file a complaint with them. The form can be found at this link: http://www.state.il.us/agency/idol/forms/forms.htm.You can try to spread the word because it may be a greater concern to the Department if there is a large number of unpaid workers.
posted Sep 24, 2009 05:50 AM [EST]
Answer to What can be done when employer fails to correct issues?
In Illinois we don't yet have any laws on the books concerning office bullying, but there is a push for enacting that type of law. If your employer has a policy addressing your colleague's behavior, there may be a contractual obligation on the part of your employer, but I would need to your employer's employee handbook.posted Sep 22, 2009 3:48 PM [EST]
Answer to What if there is no date on the non compete? Do they last forever?
Generally speaking, non-compete agreements do not last forever. An attorney would have to examine your specific agreement to give you any advice, but in most cases a court must consider a non-compete agreement to be reasonable in distance, duration and scope for it to be upheld.posted Sep 18, 2009 12:02 PM [EST]
Answer to Can my son open his own business?
It is impossible to give you a complete answer to your question without looking at your son's non-compete agreement. Not all non-compete agreements are valid. The terms must be reasonable in duration, scope and distance. Courts do not usually uphold non-compete agreements that completely prevent an individual from obtaining employment in his/her field of expertise, but there are no guarantees that your son's agreement would be viewed that way. He should have an attorney examine his agreement and advise him of his options.posted Sep 18, 2009 11:59 AM [EST]
Answer to wrongful termination in a nursing home - health professional
The fact that you believe they had a replacement planned for a while does not support a retaliatory discharge claim because it separates the termination from your report to the administration.However, more information is necessary to answer your question. Did you have an employment contract? Did you notify the administration of your concerns in writing? Were any of the criticisms in the write-up accurate? What specific statements were "flagrant and slanderous lies?"
posted Sep 14, 2009 12:01 PM [EST]
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