Best Employment Lawyers in Naperville

FAQs

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

  The non-emergency phone number of the Naperville Police is (630) 420-6666.

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

  You can obtain police records from the City of Naperville by submitting an FOIA request here: https://napervilleil.mycusthelp.com/WEBAPP/_rs/RequestOpen.aspx?rqst=74. You may also walk in at the Records Section or reach them at (630) 420-6157 during business hours.

• Can your employer in Naperville fire you on the basis of personality conflicts?

  Yes, your Naperville employer can legally fire you on the basis of personality conflicts. While that seems unfair, Illinois law gives employers clearance to fire personnel “at will.” Your boss is entitled to hand you a termination notice without advance notice, demote you to another job role regardless of tenure, or fire you if your performance is not up to par.

• Can someone with a conviction record seek employment in Naperville?

  Yes, a person with a conviction record should be able to seek employment in Naperville, according to the Illinois Human Rights Act. This law protects those with past convictions against discrimination at work, whether in the form of undue employment or promotion denial, discharge, or discipline. They can consult an employment lawyer to file charges against their employer if they are experiencing discrimination related to their criminal record.

• Can you still request your personnel records from a company in Naperville that you left two years ago?

  No. You can no longer access personnel files, such as executive and employee documents, if it has been two years since you separated from your employer in Naperville. Illinois law requires employers to provide such records—but only if you or your representative requests them a year after you leave the company.

• How does the law protect female workers in Naperville?

  Women employees in Naperville are protected by Illinois law against discrimination based on their sex. Female workers must receive wages equal to their male counterparts for the same amount of work, except when considerations outside of gender are involved. Employers are also required to fairly provide benefits to pregnant women and mothers recovering from childbirth.

• When is a non-compete agreement enforceable in Naperville?

  In Naperville and throughout Illinois, a non-compete agreement is deemed enforceable by courts if it has adequate limitations on geographic scope, duration, and activity type. The employee may be prohibited from working for another company that operates in the same location as their current employer. The agreement usually lasts for five years, but this period may be extended for employees with specialized knowledge. Finally, the prohibited activities named in the agreement have to compete with the employer’s business.

• 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.