Best Employment Lawyers in Elgin

FAQs

• What is the non-emergency contact number for the local police station in Elgin, Illinois?

  The Elgin Police can be reached at (847) 289-2700 for non-emergencies.

• Where can I get a copy of police reports for incidents related to my case in Elgin, Illinois?

  Police reports can be obtained from the Elgin Police Department located at 151 Douglas Ave., Elgin, IL 60120-5570. You can reach the Deputy Director of Police Records at (847) 931-2575. Accident and incident reports can also be requested online using the Elgin Public Records Center: https://elginil.mycusthelp.com/WEBAPP/_rs/(S(kqckebhmxzmnwh4v4vw3nx01))/supporthome.aspx.

• Can employment severance or settlement agreements be revoked in Elgin?

  Yes, the Illinois Workplace Transparency Act, enacted in 2020, gives Elgin workers 21 days to consider the agreement offered by the employer and seven days after signing to revoke it. This gives the worker time to consult an employment lawyer to ensure the agreement is in their best interest or renegotiate the agreement. The Act also gives employees who signed agreements with non-disclosure or non-disparagement clauses protection when reporting or providing information regarding an employer’s unlawful practices.

• Should interns in Elgin receive compensation?

  Internships in Elgin can be unpaid or paid. Unpaid internships are those that predominantly benefit the intern. The Fair Labor Standards Act has a “primary beneficiary test” used to determine this and evaluate the inter-employer relationship. If the test shows that the intern’s function is that of an employee, the intern can be entitled to compensation, including overtime pay.

• How soon should you get your final pay after quitting or getting fired in Elgin?

  According to the Illinois Wage Payment and Collection Act, specifically 820 ILCS 115/5, your final compensation should be paid at separation or, at the latest, the upcoming scheduled payday. The final pay shall include owed wages, bonuses, commissions, and vacation pays if available. For unpaid final pays, Elgin workers have one year from the date it was due to file a complaint with the Illinois Department of Labor.

• Is it legal to terminate an employee in Elgin for being late to work?

  Employment in Illinois is “at-will,” so yes, an Elgin employer can let a worker go at will and is not required to provide a reason. Illegal terminations only occur if the cause is unlawful, such as discrimination against “protected characteristics,” or retaliation for the employee claiming workers’ compensation. Under the Illinois Human Rights Act, “protected characteristics” for which an employee cannot be fired for include religion, age, race, and national ancestry.

• Are all employees in Elgin required to sign a non-compete agreement at work?

  No, not all Elgin employees are required to sign a non-compete agreement at work. In January 2022, Illinois law specified the below conditions governing non-compete agreements:

  • Non-compete agreements between employers and employees earning only $75,000 or less yearly are prohibited.
  • Non-compete agreements are enforceable only if the employee has worked for the employer for over two years.
  • For the non-compete agreements to be enforceable, employers should advise employees to evaluate the agreement with an attorney before signing it.

• What does an employment attorney do?

  Employment attorneys represent workers, companies, unions, and advocacy groups. Their primary job is preventing and resolving disputes related to state and federal employment regulations as well as civil rights. They assist with the development of policies, including laws and employee handbooks, and they represent clients in court and during administrative hearings overseen by the U.S. Equal Employment Opportunity Commission and state-level labor agencies.

• How much should I ask for in a discrimination lawsuit?

  Employment-related claims are among the most complex and time-consuming lawsuits heard in the civil court system. Before workers can file a lawsuit, they must file a claim with the U.S. Equal Employment Opportunity Commission. Every year, the EEOC recovers $505 million for victims of workplace discrimination. When cases proceed to court, the average settlement is approximately $40,000. However, roughly 10% of claimants receive at least $1 million.

• How do I prove discrimination in the workplace?

  Discrimination lawsuits are typically based on an established pattern of behavior in the workplace. Employment attorneys who handle these claims generally advise clients to gather evidence and document all instances of discrimination, harassment, or abuse, as they occur. The following documents are often vital for proving workplace discrimination:

  • Personnel files
  • Payroll records
  • Employee handbooks
  • Diary or journal entries
  • Medical or mental health records
  • Reports from witnesses
  • Photos or video footage
  • Physical evidence

  
  

• Can I sue my company for a hostile work environment?

  Yes, offensive or unwelcome conduct that creates a hostile work environment and affects your terms of employment may give you reason to take legal action. However, rude or abusive behavior on its own isn’t illegal. It must also be tied to other legal issues, such as retaliation for reporting harassment or discrimination directed at members of a protected group.

• What is the EEOC?

  The EEOC is the U.S. Equal Employment Opportunity Commission. It's a federal agency tasked with helping to enforce laws concerning discrimination in the workplace. Not all employers are covered under the EEOC. Typically, you have to work for an organization with at least 15 employees or for a labor union or agency to be covered by EEOC protections.

• How do I report an abusive boss?

  If you believe you're being discriminated against, you have several options. First, follow internal reporting procedures with human resources or other leadership. You can also file a charge of discrimination with the EEOC. Talking to an employment attorney can help you understand your options and protect your interests.

• What laws protect employees from job discrimination?

  • The Civil Rights Act of 1964 provides employees with protection against discrimination based on a wide variety of factors, including national origin, sex, religion, race, and color.
  • The Age Discrimination Act of 1967 applies age to the protected class.
  • The Equal Pay Act of 1963 forbids sex-based compensation discrimination.
  • The Rehabilitation Act of 1973 makes it illegal to discriminate on the grounds of disability in terms of employment decisions.
  • The Civil Rights Act of 1991 adds more protection and power to the federal government to enforce some of these laws.

• How do I file a wrongful termination claim?

  You can file a wrongful termination claim with the EEOC online, via mail, or in person at various EEOC branch offices. You may be able to file a complaint with a state agency. To determine an appropriate plan of action and which organizations you can file with, speak to an employment lawyer.

• What is unfair treatment at work?

  Unfair treatment is not the same as unlawful treatment. There aren't laws against unfair treatment, which can include a boss who generally bullies people into action or someone who doesn't make fair decisions about time off because of nepotism or mood. Such issues may not constitute a claim for a court argument or allegation, unlike unjust judgments made on the grounds of race or age. An employment attorney can clarify if unfair treatment is also unlawful.

• What are some workers\' rights related to injury and illness?

  Employees have a variety of rights related to time off if they're injured or fall ill. For example, in workplaces covered by the Federal Medical Leave Act, workers are allowed to take up to 12 weeks off without losing their position in a company. The leave is unpaid unless PTO time can be used to cover it. Employees may also have rights to file a workers' comp claim if they're injured on the job. All of these laws cover different situations and types of employers, and an employment attorney can help you understand what rights you have.

• Can an employer force you to work?

  This is a gray area in some cases, which is why it may be a good idea to consult an employment lawyer if you have concerns about your workplace. According to the Occupational Safety and Health Administration , workers have a right to refuse to work in dangerous situations. But the burden of proof that this is, in fact, the case, can weigh heavily on the employee.