Author: msaawe

A minimum wage should cover basic needs, so it should be considered a basic human right. Your living wage should be able to cover your rent, utilities, food for you and your family, and other aspects that you need to survive AND thrive. It should also give you enough room to save for bigger purchases and handle emergencies.

In other words, a minimum or living wage should allow families to remain clear of the poverty line and live a healthy life that everyone deserves to have.

The Importance of Minimum Wage as per The UN Universal Declaration of Human Rights

As per the UN Universal Declaration of Human Rights, everyone has the right to a sustainable living standard that ensures their peace of mind and health. As per the ILO Minimum Wage Fixing Convention, countries should:

• Set a living or minimum wage for all employees that can cover their and their family’s needs.
• Administer the appropriate labor laws to ensure that wage is paid properly and on time.

Minimum Wage in Illinois

Illinois is one of the states that took these clauses seriously. As of January 1st, 2022, the minimum wage in Illinois has been increased to $12/hour. Additionally, Earnfare participants can earn up to $420 per month. The new living wage can be used to calculate the number of hours they took for SNAP Employment and Training. It can also be used to determine the maximum number of hours assigned.

Cost of Living in Illinois

The average cost of living in Illinois is approximately $43,981/year, one of the lowest in the US or compared to other states. With the minimum wage increased to $12 an hour, a resident of Illinois can enjoy a comfortable and sustainable life. Here are some of the factors that come into play:

Affordable and Accessible Healthcare

Illinois is in the top 25 out of all US states regarding healthcare affordability and accessibility. This is important since healthcare can take a large chunk out of anyone’s savings or wages. Illinois is one of the few states where out-of-pocket expenses are not high enough to affect the cost of living expenses, which ensures quick health access.

Cold Winters

Illinois has one of the worst winters out of any state, so energy bills are usually high during this time. As energy usage is one of the costs determining the cost of living in a state, this factor can significantly drive up both expenditures. States that have a milder climate during the winter fare better in this case.

Contact the Law Offices of Joshua D. McCann, LTD

If you have been a victim of workplace discrimination, you can and should pursue justice with help from a dedicated Chicago employment rights attorney. This is where the Law Offices of Joshua D. McCann, LTD can prove invaluable.

Whether the discrimination was based on your sex, gender, age, religion, or other factors, we can help you get the compensation you deserve. We have represented employees in Chicago who were in the same predicament, as well as those whose employment was wrongfully terminated. Get in touch with us for a consultation today!

As per the Illinois Department of Labor, Illinois is an ‘at-will’ state. This means that employers can fire workers for any reason at any time, as long as their reason isn’t discriminatory. Since we cannot stop time, your employer cannot legally fire you because of your age, even if they think it is justified. So yes, age discrimination is illegal in the state.

If you believe you were fired because you were getting older, you should hire a lawyer right away. They will evaluate your claim and recommend the best legal strategy moving forward.

What Is Age Discrimination?

If you are over 40 years old and think a decision about your employment harmed you because of your age, you have grounds for an age discrimination claim. Some of the factors that prove you are being discriminated against because of your age include the following:

• You get a negative job evaluation because your employer thinks you were not flexible or spry enough to take on new projects.

• You weren’t hired because the employer prefers younger workers over older ones.

• You were fired because your employer wanted to hire younger and cheaper labor.

• Most of the company layoffs were older, and younger workers were not laid off even if they did not have as much experience as their senior counterparts.

• Your boss made age-related remarks about you before firing you (such as calling you ‘ancient’ or ‘old man’).

If any of these things happened to you, you were discriminated against because of your age and can sue your employer if you want to.

What Is the Age Discrimination in Employment Act (ADEA)?

Irrespective of the reason behind your age-based termination, you are protected under the Age Discrimination Employment Act (ADEA). The law protects employees who are 40 years old or older against employment discrimination. The Act was amended later by the Older Workers Benefit Protection Act Of 1990 (OWBPA) to specifically target employers who denied older employees the work benefits they deserved.

Besides age, workers are also protected against sex, race, religion, and disability discrimination in the workplace. Women are more likely to be discriminated against for all of these factors than men.

Contact the Law Offices of Joshua D. McCann, LTD

Some things are out of our hands. Time is one of them. So if your boss is keeping you from a promotion, threatening to fire you, or misbehaving with you because you are older than other employees, you can and should take a stand. With the Chicago employment law attorneys at the Law Offices of Joshua D. McCann, LTD in your corner, you can get the compensation you deserve. We are not afraid of going up against aggressive opponents if it means our clients can benefit from our representation. Call us today to book a consultation, whether you consult with your union or not. We will develop a strategy that can protect your best interests and ensure your employer thinks twice before discriminating against future employees or your colleagues.

Forming unions is not illegal. Irrespective of your job or industry, you can form a union or join one legally. You don’t have to belong to a specialized industry or make a certain amount of money to exercise this right. But a Chicago employment rights attorney will tell you that some employees are exempt to prevent conflicts of interest.

Employees Who Cannot Legally Form a Union

Some employees that cannot form legally-protected unions in the state or the nation include those whose role compromises their ability to negotiate fairly with their employers. These include:

Managers and Supervisors

Employees responsible for managing and supervising employees on behalf of their employers cannot join unions. This includes those who have to make critical business decisions based on their judgment such as:

• Directing employees, reassigning jobs, or changing workflows.

• Making employment decisions (hiring, promoting, or firing).

While you can join a union if you are a supervisor or a manager, doing so will not be in your or the company’s best interests. It will just blur the line between worker and employer and also weaken the union against retaliatory action.

Confidential Employees

An employee who has to aid in personal labor issues is ineligible for unions since they are essential in a brand’s bargaining potential. The National Labor Relations Board’s Guide for Hearing Officers includes people who determine, make, and effectuate management policies.

Employees That Are Employed By a Spouse or Parent

These employees are not protected under union rules because of conflicts of interest between them and their family employers.

Legal Union Activity

Besides those mentioned above, any employee has the right to form a union if there is none available at their workplace. Their rights include:

• Joining a union whether their employer recognizes it or not.

• Creating or attempting to create a union in the workplace.

• Aiding anyone in their workplace in forming a union.

• Possessing the right to be fairly represented by a union.

Rights Of Employees Who Are Not Union-Backed

If a union does not protect you, you still have some rights as per the NLRA. For instance, you can participate in some ‘concerted activities,’ i.e., when two or more employees take action for protection under certain employment conditions to protect themselves.

Single employees can also take part in protected activities under the authority of their colleagues by bringing specific complaints to their employer to drive group action.

Contact the Law Offices of Joshua D. McCann, LTD for a Consultation

Irrespective of the type of industry you work in or the job you have, you should be able to work every day without fear of harassment or hostility. If your employer is retaliating against you because you want to form a union or creating problems for an existing union, you need an experienced Chicago employment rights attorney.

This is where the Law Offices of Joshua D. McCann, LTD can prove invaluable. We have spent years representing employees like you who have been wrongfully fired or harassed in the workplace. Forming unions is your right. Get in touch with us for a consultation if that right has been violated.

As per the Civil Rights Act, every US citizen has the right to be treated equally and fairly. Civil rights ensure this, particularly for people who have been historically discriminated against due to some group characteristic. This includes their gender, skin color, religion, and other factors that they cannot change and should not be discriminated against. If you think your employer is discriminating against you because of these factors, contact Chicago civil rights lawyers to discuss legal actions.

Common Civil Rights Violations

Here are just some examples of civil rights violations you may come across:

Racial Discrimination in Housing

If you think you were denied housing opportunities because of your skin color or race or because your landlord prefers Caucasians as tenants, you can sue for damages. In this case, the landlord has violated your civil rights by discriminating against you because of your race.

Refusal of Service Based on Sex or Gender

If a waiter or restaurant owner refuses to serve a homosexual man or woman, the latter has grounds to sue. In this case, the former is guilty of violating the civil rights of a patron based on their sexual orientation or identity.

Sex discrimination can take on several forms. It can also include unfair treatment or harassment of a person because of their sexual identity (transgender and gay people). Harassing women by disparaging their workplace contributions also comes under this violation. So if your employer fired you, demoted you, or denied you benefits because of your gender, you should contact Chicago civil rights lawyers and file a case against them.

Denying the Right to Vote

As per the Voting Rights Act of 1965, voting practices that deliberately exclude people based on their race, gender or disability are unlawful. No state or locality can pass a law that blocks citizens from voting without breaking the law.

What You Should Do If Your Civil Rights Are Violated

If you believe you have been discriminated against because of the abovementioned factors, you have several options. You can either file a complaint or contact Chicago civil rights lawyers. Whatever you do, don’t stay in your situation as if nothing happened. Be a voice for the voiceless and stand up for your rights. If it is happening to you, it is also happening to others. Get the compensation you deserve for the emotional turmoil you went through.

Contact the Law Offices of Joshua D. McCann, LTD for a Legal Consultation

You spend most of your day at work. If you are being harassed or treated unfairly because of your gender, sexual identity, race, religion, or any other factor, get in touch with our attorneys at the Law Offices of Joshua D. McCann, LTD for a consultation today.

We have years of experience representing people like you who have nowhere else to turn. Our employment attorneys can ensure you get the compensation you deserve, if not more. The longer you wait, the worse your chances of getting maximum compensation. We can help you determine the legal actions that can be taken against difficult employers, so you have nothing to worry about.

Whether you are a new father or your wife is expecting another child soon, you can spend time with them after the birth without fearing for your job as per the Family Medical Leave Act (FMLA). If your employer is giving you a hard time regarding those leaves, you should get in touch with Illinois Family Medical Leave Act attorneys and take them to court.

What is the Family and Medical Leave Act?

Under the Family and Medical Leave Act (FMLA), both parents are allowed up to 12 weeks of unpaid time off after the birth or placement of a child. Besides biological parents, it also covers non-birthing parents and same-sex couples. If you are covered, you can take time off without losing your job. If your employer threatens to fire you or terminates your employment, you can sue them for compensation.

However, you can only do that if you are eligible for FMLA benefits. To qualify:

• The company you work for should have at least 50 employees within 75 miles of your workplace. So if your employer has that many employees, but they are spread across a wider radius, you may not be eligible for FMLA benefits.

• You must have been employed for 25 hours per week for over 50 weeks.

When Fathers Can Take FMLA Leave

Fathers can take FMLA leave for the following qualifying reasons:

• An expanding family. This can include the birth of a child and the placement of an adopted or foster child.

• To care for a seriously injured or ill family member that requires an overnight stay at the hospital. You can also take the leaves to take care of a pregnant spouse. In this case, your employer should extend the leave to 26 weeks.

• A health condition that prevents you from working.

All in all, if both parents are eligible to take FMLA leave, they can take the designated 12 weeks off. Mothers can also take leave for issues relating to their pregnancy. This includes the first four weeks of the pregnancy and two months after the child is born. Similarly, the father may take his leave to help raise the child.

The leave can only be taken within a year of the child’s birth, foster placement, or adoption.

Contact Law Offices of Joshua D. McCann, LTD

You should be able to work in Illinois without fear of hostility, harassment, or job loss. If your employer is giving you a hard time because you want to take the FMLA benefits you qualify for, get in touch with the Illinois Family Medical Leave Act attorneys at the Law Offices of Joshua D. McCann, LTD.

Workplace discrimination based on race, religion, age, or any other factor is a punishable offense in Schaumburg, IL, and you have the right to pursue justice. We have years of experience representing clients like you who are treated unfairly by their employers and were fired without valid reasons. Get in touch with us today for a consultation. We will fight for the fair outcome you deserve.

When you are about to give birth or waiting on your partner to do so, ensuring you are there during their first forays into the world should be a priority. It is the best way to create a bond with your child that can last a lifetime. Unfortunately, the US has yet to introduce a nationwide paid parental leave program that can ensure this, to its detriment.

Covid-19 and How It Has Triggered Policy Changes

The Covid-19 pandemic has devastated families across the nation. In response to the sheer number of victims, federal policymakers made a temporary paid family and medical leave program under the Families First Coronavirus Response Act.

While not all workers can claim its benefits, the act recognized that they should take time off to attend to their families, especially when a new member is about to make their debut in the world. They should be able to take parental or family leave without worrying about retaliation, their jobs, or their wages being cut. The success of the act has led policymakers to consider a permanent and broader program of paid maternal/paternal and medical leaves.

Why All Americans Should Have Paid Parental Leave

The United States is the only wealthy nation in the world that does not have a national paid leave program. All we have are several local, state, and federal policies. Some federal laws offer unpaid leaves to workers but no national paid leaves. Most employers do not voluntarily provide paid medical or family leave.

Some of the top benefits they get to enjoy if they offer companywide parental leaves include the following:

Increased Employee Retention

Employee turnover rates affect bottom lines. According to American Progress, employers have to pay 21% average base salary to replace an employee. This is why most women leave the labor force one year after having a child. Paid parental leaves can encourage employees to return to work.

Attract and Retain Skilled Talent

Organizations that offer paid parental leave ensure their employees stay with them until they become assets. They also benefit by attracting top talent who come on their heels. This is true for both working men and women who are expecting children. In a competitive market, every benefit that a company can offer its employees can be the key to their success.

Increase Productivity and Employee Morale

If employees know there is a job waiting for them after they have children, they will be more willing to stay on and work harder. Single employees or those who aren’t parents yet may be encouraged to stay on, knowing they can spend quality time with their children when they are finally parents.

Book a Consultation with Joshua McCann for FMLA Violations

Were your rights violated under the Family and Medical Leave Act (FMLA)? You should contact Illinois Family Medical Leave Act attorneys straight away. At the Law Offices of Joshua D. McCann, LTD, we have years of experience helping victims like you get the compensation they deserve, if not more. Call us at our Schaumburg, IL office for a free consultation today.

The state of Illinois recognizes ‘at will’ employment. This means that any employer there can fire a worker for any reason whatsoever. It may sound unfair, but there are certain exceptions to this rule. One of those falls under The Whistleblower Act.

What is The Whistleblower Act?

The act was introduced to protect and reward employees who expose corrupt employers, wrongdoings, and other fraudulent behavior and practices in their workplace. It also protects them against retaliation from disgruntled employers. The act applies to all employers in the state, whether they have one employee or several, and it also covers both state and local government entities.

The Whistleblower Act protects employees who disclose information they think is evidence regarding:

• Gross mismanagement.

• Law, regulation, and rule violations.

• Significant abuse of authority.

• Significant waste of funds.

• Substantial danger to public health or safety.

What Employers Cannot Do

You can hire a Chicago employment rights attorney to sue your employers if they:

• Retaliate against you, or employees who refuse to participate in activities that violate fate and federal laws.

• Adopt, or make rules, or policies that prevent workers from disclosing information to a government or law enforcement agency.

• Threaten retaliation or retaliate against workers who disclose information.

What Employees Can Claim in Damages

You can pursue damages from your employers if they are found guilty of any of the above-mentioned actions. Some of the damages you can claim with help from a Chicago employment rights attorney include the following:

• Back pay for lost wages complete with interest.

• Reinstatement to the job you had before the retaliation.

• Damage compensation includes fees for expert witnesses, litigation costs, and attorney charges.

Filing a Whistleblower Claim in Illinois

You could file a lawsuit against retaliatory discharge with the Illinois Department of Human Rights (IDHR) if you were let go because of something you revealed to the authorities. However, it has to be done within 180 days of the retaliatory action. Do it well, and you can get the damages mentioned above.

A dedicated Chicago employment rights attorney can ensure you get the maximum compensation possible. For complaints regarding occupational safety and health, you need to contact the Illinois Department of Labor. Make sure you file it within 30 days of the retaliatory action. The department will investigate your claim and pursue legal action against your employer on your behalf.

Were You Fired Because You Complained? Contact the Law Office of Joshua McCann

The last thing you should be worried about when you work is termination and harassment. A stress-free workplace is a fundamental right that no one should be able to take away from you, least of all your employer.

If you think you or someone you know has been the victim of workplace discrimination or retaliatory action because of your complaint, get in with the Law Offices of Joshua D. McCann, LTD today. Book a free consultation with us and start fighting for the outcome you deserve before it is too late. You only have a few years to do this before your claim is invalid in Schaumburg, IL.

If you have just lost your job, you are going through a tough time. Maybe you saw it coming. However, if you were blindsided, chances are your rights were violated. In this case, you should look into experienced Schaumburg wrongful termination attorneys who can inform you about your rights. Even though Illinois is an ‘at will’ state, employers cannot fire employees illegally.

If you were fired and believe you were wrongfully terminated, you can file a claim against it. Determining whether you were or not can be complicated. Here are some top signs that you were fired illegally:

Your Employment Contract Was Violated

If you signed an employment contract that outlines your duties, responsibilities, and benefits, your employer is legally bound to honor them. Even a verbal agreement is legally binding. If you were fired before the time frame mentioned in your contract, you might have a case against your employer.

You Were Being Discriminated Against at Work

In Illinois and most states, for that matter, employers cannot discriminate against employees because of their gender, race, sexual orientation, age, disability, or origin. Plus, you also cannot be fired if you are pregnant or follow a religion your employer doesn’t agree with. In any of these cases, you can complain to the Equal Employment Opportunity Commission (EEOC).

You Were Treated Unfairly at Work Because of A Disability

If you have a disability, asked for reasonable accommodation for your job, but still had to fill out unemployment claims, you were discriminated against. People with disabilities are also protected, which means they cannot be fired because of their disability.

Your employer should make adjustments to your workspace to make you comfortable, and even modify your role if need be. The fact is that they can do a lot to ensure you remain employed and are comfortable in their employment.

As per the Americans with Disabilities Act (ADA), if you have a physical or mental impairment, and experienced an illness or injury that merited a few days off, your employer should accommodate you. If you were fired because those reasons, you can file a wrongful termination claim and sue your employer for damages.

Contact the Law Office of Joshua McCann for A Consultation Today!

As an employee in Schaumburg, IL, you have the right to ask for reasonable accommodation for a disability, injury, health condition, or anything preventing you from working. If you were fired because your employer didn’t want to accommodate you, you can and should sue them with help from Schaumburg wrongful termination attorneys at the Law Office of Joshua McCann.

Whether the discrimination was based on race, gender, age, or any other factor, you have the right to pursue justice. We have represented wrongfully terminated employees for years and have a strong track record of successful cases. Get in touch with us for a free consultation today! Don’t stand for mistreatment. We can help you get the compensation you deserve!

The legal process can be long and arduous if you don’t have experienced lawyers in your corner. Reach out to us with any concerns or queries you may have.

At some point in time, you will need to take time off work. A family member may need your assistance, or you may have to be hospitalized. In this case, FMLA can ensure you don’t go in the red, and you have a job to return to. Your employer cannot force you to work during your leaves or retaliate against you when you send in a request for the leaves.

When Employers Violate FMLA Rights

If your employer refuses to accept your FMLA leave request, and there is nothing wrong with your application, they are in the wrong. In this case, you can and should file a complaint with the US Department of Labor, or sue them with help from Schaumburg employee rights lawyers.

The Family and Medical Leave Act (FMLA) is a federal law that protects employees like you who need to take some days off for medical or personal reasons. If you are eligible for them, your employer cannot take that right away from you legally. However, they have the right to refuse if you do not qualify for it. You are only entitled to the leave if:

• You have worked for the employer for at least 12 months or at least 1,250 hours before requesting leaves.

• Your employer is covered, i.e., he has over 50 employees, all of who work within a 75-mile radius.

What You Can Do If Your FMLA Leaves Are Denied

The first thing you should do if your FMLA leaves are denied is to figure out why. Request an inquiry into the matter. Keep in mind that you have to fulfill the factors mentioned above before your request is considered. Get in touch with Human Resources and ask them to send you a record of your work hours.

If they prove you have worked over 12 months and completed over 1,250 hours of work and the company has more than 50 employees, you file another request. If that is rejected as well, you have two choices. You can complain to the US Department of Labor, or hire a Schaumburg employee rights lawyer to sue your employer.

Before hiring an attorney, make sure that you have checked all of the requirements mentioned above and your medical/personal issue falls in the FMLA category. They will work with you to get you the leave if you are eligible for it. If your employer knows you are hiring a lawyer, they may try to renegotiate.

Contact the Law Office of Joshua McCann for A FREE Consultation

As an employee, you should be able to go to work without sweating bullets. If your employer is harassing you or refusing to accept your leave request even though you are eligible, you should sue. Don’t delay. Get in touch with Schaumburg employee rights lawyers at the Law Office of Joshua McCann for a free consultation today. We have represented employees who were wrongfully terminated and harassed by their employers, and are known for our successful track record. Rest assured, we will fight for your rights aggressively.

A peaceful work environment is every employee’s right, as per Title VII of the Civil Rights Act of 1964. As per the law, a hostile work environment is one in which an employee is subjected to harassment or unfair treatment resulting in an atmosphere where they feel threatened or intimidated.

If an employee is discriminated against based on their race, religion or was sexually harassed, they are in a hostile work environment.

What You Can Do If You Have a Hostile Work Environment

Any individual who claims a hostile work environment has to prove its existence with fact-based details. That’s because, in Illinois, the burden of proof falls on the ones making the claims, i.e., the one being bullied or harassed. So it would help if you wrote detailed notes on the work environment you experienced and how it affects your ability to perform work duties.

Additionally, you also need to prove that the treatment was pervasive, severe and that you were targeted. That is the best way to prove that the offender was hostile to you specifically. The court will assess your case from a reasonable person’s point of view.

The crux of proving a hostile work environment under Section VII is sufficient evidence. Save documentation that you can use to prove you were harassed in court. This can be anything from saving emails or voicemails to videos showing your employer harassing you or another employee. It doesn’t matter if you are working from home. Any harassing communication that extends from your workplace to your home can be considered as viable evidence.

Do not hesitate to record any efforts you made to report that hostile work environment or harassment that you made to HR or your employer. If you filed a report with either of them, that means your employer was aware of your circumstances and distress. The court will value your claim if you prove you took measures to report the incidents long before you filed a lawsuit.

Also, keep a record of unreported harassment claims to prove to the court that the treatment was pervasive. Identify witnesses that may have seen those interactions and who can be relied upon to testify during a trial if necessary.

Why You Should Hire an Employment Rights Lawyer in Chicago

Proving a hostile work environment can be a challenge, but not if you have an employment rights lawyer in Chicago in your corner. They can help you make a compelling case, ensure your rights are protected and that you can get the compensation you deserve.

This is important because offenders (accused employers) may try to avoid liability by claiming:

• You did not use the procedure that was in place to report or remedy the alleged harassment claim.

• They took reasonable care to prevent or correct the behavior after you reported it.

• You failed to report the incidents as per workplace policies.

Contact the Law Offices of Joshua McCann

If you are experiencing a hostile work environment and have done everything possible to try and correct it, speak to an employment rights lawyer in Chicago at the Law Office of Joshua McCann first. Otherwise, you may not get unemployment benefits or compromise the value of your claim later. An attorney from our firm can help you understand your options and ensure you get compensated. Contact us for a free consultation today!