Author: msaawe

Ever since President Biden announced his Path Out of the Pandemic plan, employers in Illinois and across the US have implemented mandatory Covid-19 vaccination policies.

While the policies may differ from one employer to another, they must allow employees to request accommodations based on medical or religious grounds. An employment rights lawyer in Chicago will tell you the same thing, so your case may hold up in court as a defense for refusing the Covid-19 vaccine.

What the EEOC Says

As per the Illinois Health Care Right of Conscience Act, some healthcare employees are exempt from liability if they refuse to participate in healthcare initiatives that are contrary to their conscience. However, they are also prohibited from discriminating against applicants and employees who refuse in kind.

The government cannot force anyone to get vaccinated if they don’t want to. However, as per the mandate mentioned above, many workers will soon realize that vaccination is mandatory for continued employment, and Title VII may not protect them.

However, as per the new guidelines set by the Equal Employment Opportunity Commission (EEOC), employers can terminate employment on this basis only if it doesn’t violate the Americans with Disabilities Act (ADA) or infringe on anyone’s religious beliefs.

Here are some of the main points that the EEOC set for medical and religious accommodations from vaccination requirements:

• Employers should reasonably accommodate workers with sincere religious beliefs and medical conditions that conflict with the vaccination requirement.

• The employee has to inform their employer that they wish to be exempt from getting the vaccine because it violates religious beliefs and can affect medical conditions.

• Employers should assume that the request for vaccination exemption is based on sincerely held religious beliefs and medical conditions. In case of objections, the employer can conduct an inquiry and ask for supporting evidence or information. If the employee fails to provide either or refuses to comply, their request can be denied.

The EEOC does not explicitly say that mandatory vaccination is legal in the points mentioned above. It doesn’t have to. Illinois is an ‘at-will state which means that employers can terminate employees for almost any reason that does not violate the employment contract or state/federal laws. As such, no law prevents employers from mandating that their employees should get vaccinated against Covid-19.

However, employers can make continued employment conditional to ensure that their workers are not direct threats to the health and safety of their colleagues. This can include mandatory vaccinations.

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

Whether you got vaccinated or not because of medical or religious reasons, you should be able to work each day without fear of harassment or hostility. If you were also victimized in the workplace because of your sex, gender, race, or any other factor, contact employment rights lawyer in Chicago, Law Offices of Joshua McCann, right away.

He and his team of dedicated attorneys have been representing victims like you get the compensation they deserve from unfair treatment for years. Get in touch with us today to fight for the maximum amount you can get.

As of April 2019, Illinois is not a right-to-work state. The legislation was signed into effect by Governor J.B. Pritzker, which rolled back the protections that Lincolnshire had established in 2015. The decision was later overruled by the federal court, which ruled that only states have the authority to adopt laws.

What Is Right-To-Work?

Also known as the Workplace Freedom or Workplace Choice law, right-to-work law allows workers the right to choose whether they wish to join a workplace union or not. States that have this law ensure that workers are not forced to pay union dues and other membership charges needed for union maintenance and representation whether they are members or not.

The law addresses the clause many companies include in their policy for union security. The policy states that the employer has the right to fire an employee who fails to pay their membership dues or other charges required by a workplace union.

Federal law legalizes union security clauses in company policies, but employers cannot include that clause in work contracts if a state passes a right-to-work law. So if a state such as Illinois elects to be a right-to-work state, that means workers will not have to worry about losing their jobs if they refuse to finance or support a union.

The more workers opt out of a union, the less revenue the latter gets from the employees it represents. However, since Illinois is an at-will state, employers can fire their employees at any time and for any reason whatsoever.

On the other hand, they can only do so for legal reasons. So if you think your employer has fired you or is harassing you based on your skin color, age, gender, nationality, or place of origin, you should get help from Chicago employment lawyers and sue for damages. You can also file a lawsuit against employers that give you a hard time for jury duty.

As an employee in Illinois, you should not have to face each day at work completely stressed out because of harassment or the threat of termination. If you think your employer is making your life difficult to make you quit your job or for any reason, you have the right to sue for damages.

Contact the Law Offices of Joshua D. McCann, LTD

Whether you are being discriminated against because of your race, gender, age, or any illegal reason outlined in the Civil Rights Act, you should get the compensation you deserve. Contact the Chicago employment lawyers at The Law Offices of Joshua D. McCann, LTD and get a free consultation. We are known for aggressive representation and do not back down if our clients are compensated for their loss.

A single look at Law Offices of Joshua McCann resume is enough to convince anyone that he is the perfect lawyer for anyone who wishes to file a workplace discrimination claim. From a stint in the US Army to several years in the Downers Grove Police Department, he served the community and the nation from the get-go. A consultation with him is just a phone call away.

Yes, but certain exceptions can lead to wrongful termination if they are violated. Illinois is an at-will employment state. This means that your employer can terminate your employment for any reason and at any time.

When You Can and Cannot Be Fired For Getting A Covid-19 Vaccine

However, said reason cannot violate Title VII of the Civil Rights Act, which prohibits employers from discriminating against their workforce based on their sex, color, race, religion, or national origin. (If you were fired because of any of those reasons, you should hire an employment law attorney in Chicago and file a claim to get the compensation you deserve).

Since refusal to get the vaccine does not fall within this protection or other employment laws, your employer can fire you if your refusal violates a work policy. However, there are some circumstances under which you can refuse to get vaccinated and still keep your job:

• If you think that the vaccine violates a religious belief, practice, or observance.

• If you have a serious medical condition that can worsen because of the vaccine. Check out the Americans with Disabilities Act for more information.

In either of these cases, your employer has to provide reasonable accommodations as long as doing so does not strain business operations. This can include regular tests, allowing you to work from home or remotely, changing your shifts to reduce potential infections or reassignment.

If you are part of a union, your employer may have to bargain with them before mandating a vaccine.

What You Can Do If Your Employer Is Forcing You to Get Vaccinated

If you do not want to get the COVID-19 vaccine because of the aforementioned protected issues and your employer will fire you if you don’t, you should discuss your options with an employment law attorney in Chicago.

Lawyers who are experienced and proficient in state and federal law can help you determine if you have a valid case or not. If your religious or medical reasons are valid, you can file a claim and get compensated for sustained damages (such as job loss and emotional turmoil).

If you have a solid case, your lawyer can help you communicate the fact to your employer in a way that can increase the likelihood of you keeping your job. If your request is denied, on the other hand, you can and should sue.

Contact the Law Offices of Joshua D. McCann, LTD

A lawyer from the Law Offices of Joshua D. McCann, LTD can help you figure out the options you have at your disposal. As an employee, you should be able to go to work each day without fearing harassment or potential job loss.

If you think you have been the victim of workplace discrimination, we urge you to pursue justice with our help. We have been representing employees who have been discriminated against and have been doing so for years. So we can help you get the compensation you deserve. Contact us for a free consultation today before it is too late.

If you have ever been discriminated against in the workplace and received justice in the form of a settlement, you should thank the people behind the Civil Rights Act of 1964. The Act was monumental in ending employment discrimination and other discriminatory acts that made the lives of women and people of color miserable.

What is the Civil Rights Act of 1964?

The Civil Rights Act of 1964 is a landmark ruling that prohibits discrimination based on color, sex, religion, race, and national origin. The Act was signed into effect by President Lyndon B. Johnson, and it also granted the individuals mentioned above equal access to schools, employment, and public spaces.

We mean restaurants, parks, theatres, courthouses, hotels, and even sports arenas by public spaces.

The Legacy of the Act

The Act triggered reforms on several aspects of American life. Title VII prohibited employers and labor unions from discriminating against employees based on their religion, race, and national origin. It led to the creation of the Equal Employment Opportunity Commission, which allowed employees to file lawsuits.

The Act also forbade federal employees from using federal funds to create or maintain discriminatory programs. It also forbade segregation in schools, empowered the Commission on Civil Rights, and forbade unequal voting requirements. Additionally, the Act was also expanded to cover disabled Americans and the elderly.

The Act also energized feminists, which led to the founding of the National Organization for Women (NOW) in 1966. Because of the Act, a woman could get gainful employment even if she had children.

Emboldened by these achievements, Congress expanded the Act to cover pregnant women to ensure they would not face restrictions in their public and private life. It also paved the way for the Voting Rights Act, which forbade the use of discriminatory voting practices such as literacy tests, and the Fair Housing Act, which forbade discrimination in the rental, sale, and financing of property.

Even though racism is still rampant today, you can get the compensation you deserve if you sue for retaliatory discrimination. That would not be possible today if the Civil Rights Act did not exist.

Contact the Law Offices of Joshua D. McCann, LTD

Employment discrimination can ruin your life and prospects. You shouldn’t have to go to work each day scared you will be harassed or discriminated against. The good news is because of the Civil Rights Act of 1964, you don’t have to put up with that behavior. If you think you are being discriminated against because of your race, color, sex, and religion, get in touch with our attorneys at the Law Offices of Joshua D. McCann, LTD today.

You will receive a free initial consultation once you hire an employment law attorney in Schaumburg from our office. That way, we can assess your case thoroughly and create a strategy to ensure you get the compensation you deserve. Bring as much relevant information as possible to the first meeting for a solid strategy. The time to act is now! Get in touch with us today so you can get the maximum compensation you deserve.

If you were fired for filing a complaint against your company, you were discharged in retaliation as per Illinois law. Retaliatory discharge is an offense in Illinois that carries severe consequences. Here are some of the top reasons/complaints that can compel a disgruntled employer to fire an employee:

1. Sexual Harassment

Sexual harassment should never be tolerated, much less in a workplace where you are supposed to feel safe. If you have been harassed at work and think your boss fired you because of your complaint, you should contact a Chicago employment law attorney as soon as possible. The offense is covered under the Civil Rights Act of 1964 and is thus punishable by law.

If your claim is valid, you can also get back pay from the day you were fired to when you were either reinstated or received a settlement. With the right attorney, you can also receive compensatory damages.

2. Race Discrimination

The law is quite clear when it comes to race discrimination in the workplace. As per state and federal laws, employers cannot mistreat employees because of their race or skin color. Racial segregation can take on multiple forms. It can include employee segregation in which those who have a specific skin tone or race are placed together.

If your complaint resulted in employment termination, you have grounds to sue your employer-provided you have an experienced Chicago employment law attorney in your corner.

3. Age Discrimination

Were you fired for something that your colleagues got away with? If you are above 40 years of age and believe it affected your employer’s decision, you may be the victim of age discrimination.

The good news is that if that is the case, you are protected as per the Age Discrimination in Employment Act (ADEA). This covers several employment processes such as payroll benefits, layoffs, and promotions. The fact is that older workers also have legal rights in the workplace, and as such, they also have the right to hold their employer accountable for unfair actions.

4. Wage and Hour Disputes/Unpaid Overtime

Do you have unpaid wages, commissions, or overtime that your employer refuses to pay? Determining wage and hour salaries can be a challenge, but you should be able to receive what you are due from a legal point of view. If your boss fired you because you asked for owed money, you have grounds to sue as per the Fair Labor Standards Act (FLSA).

Just make sure you have proof in the form of pay stubs, your employment contract, company policies, and anything else that proves outstanding payments. The more information you have, the better.

Contact the Law Office of Joshua McCann for a Consultation for Retaliatory Discharge

You should be able to work every day without fear of harassment or hostility. If you think you were fired because you complained about workplace discrimination or harassment, you should pursue justice with help from the Law Offices of Joshua D. McCann, LTD. We will assign an experienced Chicago employment law attorney to your case in Schaumburg, IL. Get in touch with us today and get the justice you deserve.

Religious discrimination at work can take a toll on your emotional and psychological well-being. It is important to note that it is also illegal in Illinois. Hiring a wrongful termination lawyer in Naperville should be your priority if you are fired for your religious beliefs.

What Is Religious Discrimination?

If a job candidate or an employee has negative experiences or is treated poorly at their workplace because of their religious beliefs, they have cause to sue. As per state and federal laws, employers cannot discriminate against their employees based on their religion or beliefs. This type of discrimination usually occurs when there is a conflict between work hours and worshipping hours.

Besides accommodating work hours for religious employees, employers should also make reasonable accommodations for employees with specific religious practices. An excellent example of this is allowing employees to take Sundays off as per religious beliefs and accommodate their work hours accordingly.

However, this doesn’t mean that the employer has to face undue hardship to be accommodating. Accommodations can be granted as per work standards.

As per Title VII of the Illinois Human Rights Act (IHRA), employers cannot harass employees because of their religion or religious beliefs. This can be offhand comments or simple teasing, incidents that are frequent enough to merit an investigation. Isolated incidents, on the other hand, do not fall under this category.

Why You Should Hire A Wrongful Termination Lawyer In Naperville If You Are Fired For Religious Beliefs

Without a wrongful termination lawyer in Naperville in your corner, your employer may get away with religious discrimination. Unlike a lawyer, you may not have the knowledge or resources to make them take responsibility for their actions.

As per Illinois law, no employer can make job decisions based on religious beliefs, even if the employee in focus is an atheist. For instance, employers:

• cannot refuse to hire Catholics, Muslims, or Jews or make them undergo punishments more harshly than other employees.

• Force employees to adopt their religious beliefs or criticize them for lack of theirs’.

• Favor employees of a particular religion and refuse to hire employees that have other religious backgrounds.

In either of these cases, proving that the employer is displaying religious discrimination can be tricky unless you have an experienced lawyer in your corner. If you were fired because of your religious beliefs, your lawyer could help you collect evidence that proves your case. However, discrimination can be easier to verify if an employer admits they are religiously biased.

On the other hand, while direct evidence can be challenging to acquire, your attorney can collect circumstantial proof to strengthen your case. Wrongful termination lawyers in Schaumburg who have decades of experience working on such matters and are passionate about their work can ensure you get the compensation you deserve.

Call the Law Offices of Joshua D. McCann, LTD in Schaumburg at (847) 450-1103 for a consultation today. We are eager to take on clients who have been the targets of discrimination at work based on their religion, race, or origin.

You may not be aware of this, but there are protections in place that can defend you against such negative actions. You can also contact us if you think a colleague is being discriminated against and is too afraid to approach a lawyer.

If you have to take time off from work to take care of yourself or a loved one who is seriously sick, you should be able to take time off work. Stress resulting from the thought of imminent job loss may exacerbate your condition and circumstances. This is where the Family and Medical Leave Act (FMLA) comes in.

What is the Family and Medical Leave Act (FMLA)?

The Family and Medical Leave Act (FMLA) ensures that US employees are allowed up to 12 weeks of leaves per year and can take them without losing their jobs. Additionally, the Act also ensures group health benefits are unutilized during the leaves.

In other words, the FMLA helps employees maintain a balance between their work and family responsibilities. The Act also facilitates equal work opportunities for men and women and accommodates valid employer interests.

The Act applies to all organizations and private and public schools with at least 50 or more than 50 employees. Employees should receive 12 days of unpaid leaves per year for the following reasons:

• To tend to seriously sick or injured immediate family members such as a child, parent, or spouse.

• To give birth and care for a newborn child.

• To adopt a child or to provide foster care to a child

• To recover from a severe illness.

Where FMLA Applies And Where It Doesn’t

The FMLA doesn’t cover all companies. As mentioned before, only those with at least 50 or more than 50 employees can grant their employees this leave. Additionally, if your employer is covered by the Family and Medical Leave Act, that doesn’t mean you have coverage.

To become eligible for the FMLA, you have to work for the company for at least a year for 1,250 work hours. Additionally, it would be best if you also work at a location where your employer has over 50 or more than 50 employees to be eligible. They can also be within a 75-mile radius to ensure your eligibility.

How to Apply for FMLA Leaves

Employees who wish to take an FMLA leave need to give prior notice to their employers. If, for instance, taking the leave is imminent (for surgery or to give birth, for example), you have to submit your notice 30 days beforehand.

If you find out you need to take the leave within this duration or urgently (to take care of an injured family member, for instance), submit your notice as soon as possible. Adhere to your employer’s call-in procedures unless you are incapable of doing so.

If you are denied leaves under the FMLA, you have grounds to sue your employer and receive the compensation you deserve. Your word may not be enough, and your employer/the insurance company will do everything in their power to come out on top.

At Law Offices of Joshua D. McCann, we have skilled employment lawyers in Chicago who will ensure your rights are protected at a time when you are at your most vulnerable.

We are not afraid to get aggressive if it comes down to it! Get in touch with us at our Schaumburg, IL offices for a consultation today!

Illinois Law Pertaining To Sexual Harassment At Work

Sexual harassment is illegal in the state of Illinois as per the Illinois Human Rights Act. So if you are receiving unwanted sexual advances or being asked for sexual favors in the workplace, you can and should file a complaint and sue if no action is taken to correct the behavior. A Chicago employment lawyer who is proficient in handling these cases will prove invaluable at that time.

This includes ‘quid pro quo’ harassment i.e. when a member of management offers a perk or a raise in return for dates and sexual favors. Another example of workplace sexual harassment is when an employer threatens to fire an employee if he/she refuses their sexual advances.

Some other examples of workplace sexual harassment include:

• Suggestive or insulting sounds (such as wolf whistles).

• Unwelcome touching (such as pinching, caresses, sexual assault, kissing, etc).

• Posters, pin-ups, or slogans of a sexual nature or statements about an employee’s body even outside their presence.

• Viewing pornographic videos or websites at work.

• Jokes about sex or sexts or threats of a sexual nature sent via mail or any other online resource.

Options For Victims Of Workplace Sexual Harassment

If you have been the victim of sexual harassment in the workplace, you have several options you can look into. You can:

Report The Behavior To HR Or Management

Many workplaces have clearly stated dedicated sexual harassment policies in place that allow employees to complain about and report incidents.

Contact the Illinois Department of Human Rights (IDHR)

If HR and management are being uncooperative or there is no sexual harassment policy in place at your company, file a complaint with the Illinois Department of Human Rights (IDHR). If you need immediate assistance, do not hesitate to call them on their 24/7 helpline by dialing (847) 450-1103.

The government agency has jurisdiction over such complaints and this also includes employment discrimination. The IDHR can help both private and public employees, vendors, employment agencies, property owners, real estate brokers/agents, and employees in public and private schools, colleges, or universities. They will also ensure the facts surrounding your case remain confidential during the investigation. This includes the identities of witnesses so you can make a formal complaint without worry.

Get In Touch With A Chicago Employment Lawyer Today!

Sexual harassment can take a mental and physical toll on even the strongest of people. It can make your life difficult and compromise your work performance indefinitely if the behavior is allowed to continue.

Joshua McCann has been helping people get the justice they deserve for a long time and he has a great track record of successful cases. He understands the mental turmoil that sexual harassment victims go through and will ensure you are treated with the utmost care.

You do not deserve to be treated like a piece of meat when you spent years to get to where you are today professionally. Get in touch with the Law Offices of Joshua D. McCann, LTD today and get the justice and compensation you deserve.

As per the Illinois Workers’ Compensation Act, employees who suffer an on-the-job injury have to undergo medical treatment to heal. The Act provides financial aid to help them pay for said treatments as well as living expenses and bills while they are recuperating. However, some employers may try to avoid this responsibility by firing the employee.

Claiming Compensation For A Workplace Accident In Illinois

Illinois is an ‘at will’ state, which means employers can terminate contracts or fire full-time employees for any reason whatsoever. However, while it is not exactly illegal for them to fire employees if the employee in question suffered an on-the-job injury, they cannot fire them solely for getting injured.

For example, if you got injured while working, but your work performance was poor before the accident and your employer has proof, you may not be able to get full compensation. However, if you crashed your truck at work and hurt your back, and got fired for it, you have a case.

In fact, even if you hurt your back months ago, never filed a claim, and got fired or quit, you still have a case. However, in this case, you may lose since injured employees have to report their condition within 45 days of their accident.

Plus, if your employer refuses to rehire you after you have recovered from your injuries, you have the right to sue them. The same should be the case if they give you a poor reference if you decide to switch jobs post-recovery.

A wrongful termination lawyer in Schaumburg can help you understand your options and what can be done to ensure you get the maximum compensation. This includes providing proof that you were wrongfully discharged so that you have a solid case in your hands. Just make sure that you file a claim with the Illinois Workers’ Compensation Commission. Otherwise, your employer can have your case dismissed without fear of a lawsuit.

What Happens To Your Workers’ Compensation If You Are Fired

Employers are responsible for paying for medical treatment for workers who are injured on the job. In fact, they also have to provide total disability benefits (TTD) till injured employees are able to return to work or their claim is settled.

Your employer cannot take those benefits away legally after firing you and before your claim is settled. This is the case even if your work performance was poor.

You have the right to work each day without fear of harassment or retaliation. If you have been fired from your job after suffering a workplace injury, get in touch with us at the Law Offices of Joshua McCann for a free consultation. At this time, you need an experienced and aggressive wrongful termination lawyer in Schaumburg who will not back down till you get the maximum compensation you deserve.

The sooner you get in touch with us the better. An on-the-job injury can have future repercussions if you do not get the medical treatment and compensation you deserve. Get in touch with us today!

When you are at work, you should expect that your privacy is being protected. However, those rights may be violated without your knowledge. In the U.S., the right to workplace privacy is dependent on the state, so protections vary from one to the other. However, in Illinois, employment attorneys are frequently hired to help their clients sue employers who use their social media account against them.

Amendments To Illinois Right To Privacy In The Workplace Act

In 2012, Illinois became the second state to forbid employers from seeking access to their employees’ and job applicants’ social media content and credentials. It was an amendment to the existing Right to Privacy in the Workplace Act and it came into effect in 2013.

Employers in Illinois know the Act restricts them from soliciting information to gain access to social media accounts. Before these amendments came into effect, the terms only covered social media sites such as Facebook pages. It now expands to cover personal online accounts used by others primarily for their own personal use.

The definition was amended to cover new technologies as they are developed. However, it does not specify whether it includes an employee’s email account such as Gmail.

Besides the aforementioned prohibitions, as per the new amendments, employers in Illinois cannot:

✔ Ask employees to open their social media in front of them.

✔ Require that employees add them as ‘friends’ or invite them to join their personal online accounts.

If employees suffer from adverse employment action due to their refusal to share their social media credentials, they are protected by the law. If this happens to you, you have every right to hire a Schaumburg employment attorney to fight for compensation.

Actions That Are Still Permitted

However, the amended regulations do not forbid employers from the following:

● Monitoring the use of social media, email, and equipment.

● Creating maintaining legal workplace policies on the use of electronic equipment. This includes addressing an employee’s use of a personal social media account, accessing or operating it during business hours or while connected to the network, or while using an employer device.

● Complying with state and federal laws.

● Asking employees to share specific content that was reported to the employer to ensure compliance with the law or with an investigation regarding legal violations or work-based employee misconduct.

If an employer violates privacy laws, employees and job applicants can file a complaint with the Illinois Department of Labor.

As an employee in Illinois, you should be able to work each day without fearing for your privacy or peace of mind. Unfortunately, that is not always the case.

If you think you have been discriminated against or suffered an unfair negative action from your employer because you refused to provide your social media credentials, get in touch with an Illinois employment attorneys at the Law Offices of Joshua McCann. We have represented employees throughout Illinois who have been discriminated against or wrongfully terminated in the area for years. Contact us so we can start fighting for your rights today.