ILLINOIS EMPLOYMENT LAW
Employment Law, also known as Labor Law, governs the vast area of the law that pertains to the association between an employee and his employer. Included in this area are health and safety issues, sexual harassment issues, discrimination on the job, hiring and firing, wrongful termination, and disability law, among others.
Though hiring an Illinois employment attorney is generally a good idea, there are certain employment matters that necessitate the help of an Illinois employment lawyer. These issues include discrimination at the workplace, wrongful termination, and sexual harassment. These kinds of complicated cases involve the extensive collection of evidence to prove the case, and investigation into the facts of the case, both tasks with which an Illinois employment attorney will have a great deal of experience.
Why Hire An Illinois Employment Attorney?
Wrongful termination and employment law in Illinois are an intricate combination of federal and state laws and must be aggressively asserted and precisely researched if a successful ending to the case is to be reached. Illinois employment lawyers can dispute your wrongful termination, help you decide whether your case is strong enough to file suit and spend the time and money required to file suit, and assist you in filing unpaid wage claims with the Illinois Department of Labor.
Additionally, filing a wrongful termination claim can be a very stressful and emotional process for a former employee, and having an Illinois employment attorney at your side to communicate with your former employer and guide you to monetary recovery can be a valuable asset. Any questions you have about your Illinois employment situation or about your rights under Illinois employment law can be answered by an Illinois employment lawyer as well.
Wrongful Termination in Illinois
Employment is "at will" in Illinois. Thus, an employer can terminate the employment relationship with the worker at any time, without cause or reason, so long as the reason is not against the law. Similarly, an employee is free to leave at any time. If a contract governs the worker-employer relationship, the terms of the contract with regard to termination will prevail over "at will" rules.
If an Illinois employer terminates an employee for illegal reasons, the worker may file a wrongful termination claim. The following reasons for termination are illegal in Illinois:
Wrongful termination questions should be directed at an Illinois wrongful termination lawyer.
Firing someone qualified and sufficiently experienced for the job because of his age or disability is considered wrongful termination. If pregnancy is seen as a disability by the employer, the pregnancy may not be the reason for firing a worker. Additionally, a worker cannot be terminated on the basis of religion, race, national origin, or sex. If you have been fired for one of the aforementioned reasons and believe that you have a valid claim for wrongful termination, seek counsel from an Illinois wrongful termination attorney, who can help you reach a successful outcome in your case.
Employee Wage/Hour Concerns in Illinois
Minimum wage in Illinois is $8.25 an hour for individuals over age 18 and $7.75 an hour for individuals under age 18. Payment of wages to workers must be made semi-monthly. Talk to an Illinois employment attorney if your employer has failed to pay all or some of your wages. The Illinois employment lawyer will help you file a "Wage Payment Claim" form with the Illinois Department of Labor.
According to Illinois employment law, working more than forty hours per week makes you eligible to receive overtime pay (time-and-a half) for all hours over forty worked. Time-and-a half pay for overtime is required by Illinois State Law, and is also mandated by the federal Fair Labor Standards Act and enforced by the United States Department of Labor, Wage and Hour Division. If your employer fails to pay you for your overtime work, file a complaint for overtime with the Illinois Department of Labor.
If you are uncertain about filing a claim for unpaid overtime or unpaid wages, or have other questions about employee wages, contact an Illinois employment attorney.
Illinois Employment Benefits
You are not entitled to vacation days, sick leave, life insurance, a pension plan, or medical benefits under Illinois law. But, your employer may provide you with some of these benefits. Employers must give their workers a meal break of at least twenty minutes if the worker works more than 7 ½ hours a day. The meal period must be given no later than five hours after beginning work.
Illinois State Law does not mandate maternity leave, but twelve weeks of unpaid maternity leave is mandated under federal law in the Family and Medical Leave Act (FMLA). Short-term disability benefits are not required under Illinois disability law; however, Illinois disability law also covers workers injured or who become ill in work-related accidents. Employees injured on the job or because of their jobs will receive compensation for lost wages, the amount of which depends on the type of injury the employee has received. If you believe you may be eligible for work compensation benefits, be sure to contact an Illinois workers' compensation attorney. Make sure also to talk to an Illinois employment lawyer about the federal laws that may apply to your case, in addition to the Illinois State Laws.
Illinois Employment and Labor Law Statutes