Author: msaawe

Illinois Forbids Employers From Discriminating On The Basis Of Political Views

In Illinois, discrimination based on one’s politics happens when an employer makes job decisions based on an employee’s party affiliations, political beliefs, or civic activities. This can be anything from supporting gun control, running for a local school board, or taking part in a protest.

So, you have every legal right to hire a wrongful termination lawyer in Illinois, if your employer fires you because of your political beliefs. That is considered discrimination, pure and simple.

Additionally, employers cannot maintain records of their employees’ political activities unless the latter submits a written record or allows the former to collect said records. In other words, employers cannot present said records as proof of termination or demotion. In fact, they are not even allowed to discriminate against employees or retaliate for an employee’s off-duty use of lawful products such as social media.

Political Rights, According to Illinois Law

According to Illinois law, political rights include the following activities:

● Campaigning for or against political candidates

● Speaking out on public policies

● Distributing political literature

● Making public speeches

● Making campaign contributions

● Seeking public office

What Employees Can Do

The Illinois Human Rights Act prohibits discrimination in the workplace, but not necessarily for political affiliations unless such acts are for one or more of these reasons. The department is not responsible for investigating unfair union practices either or investigating charges against the federal government unless it is for the aforementioned reasons.

However, all is not lost. Employees who believe they are being discriminated against on the basis of their political views and it is also connected with their religion, race, gender, etc., are protected.

For instance, if your boss fires you after discovering you attended a Black Lives Matter rally that was advocating for police reform, he/she may have targeted you on the basis of your race. That is illegal under federal law and thus grounds for a lawsuit.

Similarly, the National Labor Relations Act (NLRA) prohibits employers from taking negative action against employees for union activities. It also protects non-union members who try to get together to improve workplace conditions. Since politics often intersect with these issues, your activities can be protected as per the law. For instance, if you support a senator and his platform for increasing the minimum wage, for example, you might be protected.

If that is the case, you can fill out and submit an Employment Complaint Information Sheet (CIS). If the allegations are covered by the Human Rights Act, a charge will be drafted for your signature. This must be done within 300 days of the alleged discriminatory act.

So, if you think you were fired because of your political beliefs, file a complaint, and hire an Illinois wrongful termination lawyer from the Law Offices of Joshua McCann. You have the right to pursue justice, whether you were discriminated against on the basis of political affiliations, gender, race, or religion. Get in touch with us today so we can fight for the compensation you deserve.

Harassment or discrimination on the basis of sexual orientation was included in anti-discrimination protection under Title VII in 2017. This move established that discrimination based on sexual orientation is a form of sex discrimination, which is an already protected category.

If you’ve been discriminated against for sexual orientation, read on to study what employee rights you have and what you can do to claim them. Let’s start with the definition of sexual orientation discrimination:

What is Sexual Orientation Discrimination?

Sexual orientation discrimination refers to treating someone differently because of their perceived or actual sexual orientation, such as for being gay, lesbian, straight, pansexual, asexual, or bisexual. Regardless of whether the perception of someone’s sexual orientation is correct or not, if they’re treated differently for this sole reason, they’re believed to be discriminated against.

The discrimination may also occur based on a person’s association or support for an individual of a different sexual orientation.

Some simple examples can be that you are not hired or promoted, are wrongfully terminated, or face other negative employment actions for having a sexual orientation. Most commonly, you may begin to be treated differently once you come out as homosexual to others at work. So what can you do when faced with a situation like this? Let’s find out:

What to Do When Faced with Sexual Orientation Discrimination?

While many US states have no laws banning sexual orientation discrimination, thankfully, Illinois is not among them. If you have been discriminated against due to your actual or perceived sexual orientation, you’ll be interested in knowing that the Illinois Human Rights Act (IHRA) prohibits harassment or discrimination on the basis of sexual orientation. As a plaintiff, you can file discrimination, retaliation, or harassment cases in the state court. Follow these steps to get started:

1. Gather and preserve available evidence of discrimination, such as phone messages or emails.

2. Compile a list of witnesses.

3. Go through your company’s discrimination policies and information about reporting processes, contractual employee rights, and grievance procedures.

4. Report the issue to an appropriate department in your company, such as HR.

5. Collect and preserve copies of any favorable employment reviews and congratulatory emails.

6. Preserve the documents or evidence against discriminatory offenses you collect at your home so that your employer cannot destroy or alter them to avoid legal trouble.

7. File Your Compliant.

Hire an Employee Rights Attorney

While the above-mentioned steps may sound easy, preparing and filing a claim against sexual orientation discrimination is never easy. Since the discrimination type has only been recently included in the sex discrimination law, and that too in a limited number of states, you need to stay fully prepared and not take any chances.

An experienced employee rights attorney in Illinois can be of great help. At the Law Offices of Joshua McCann, we have successfully represented gay clients in the Illinois Department of Human Rights. To book your free initial consultation, contact us today.

According to the U.S. Equal Employment Opportunity Commission, 60 percent of women experienced sexual harassment in their workplace. Their experiences ranged from inappropriate comments to unwanted touching to coercion, coming from both males and females. Males have also been victims, though.

Sexual harassment can include name-calling, physical assaults, offensive jokes, sending inappropriate pictures or objects, unwelcome touching, and more. The harasser can be male or female.

So, how do you protect yourself from sexual harassment at work? By following these steps:

Steps to Protect Yourself from Sexual Harassment in the Workplace

1. Before anything else, take the time to read the full definition of sexual harassment. According to Illinois Human Rights Act, sexual harassment in employment refers to unwanted sexual advances, any conduct of sexual nature, or even requests for sexual favors.

2. Submitting to such conduct may implicitly or explicitly be made a condition of employment or submitting or rejecting the request may affect a decision about your employment. Your decision to comply or disagree with the conduct may also impact your job performance or set up a hostile, offensive, or intimidating work environment.

3. As a next step, study the institutional policies related to sexual harassment at the company you’re working for.

4. As soon as you experience sexual harassment, report the incident to your supervisor. If it’s your supervisor who harassed you, report the case to a higher authority in the company. If necessary, discuss the problem with the human resources personnel. Don’t ever feel fearful about reporting gestures, conduct, or comment from someone that made you uneasy.

5. If it doesn’t put you under further harassment, speak with the harasser directly and tell them that you feel their behavior was inappropriate.

6. Put the incident in writing as soon as you can. This will help you in filing your claim.

7. Turn to your family, colleagues, friends, or your state’s legal authorities for support.

Hire an Employment Law Firm

While following the above-explained steps should protect you, if you still face sexual harassment at work, hire an Illinois employment law attorney. Joshua McCann, a respected employment attorney with an impressive record of protecting employees, is here to tackle your case.

Serving in Illinois for over 30 years, Joshua McCann truly understands sexual harassment concerns and knows how to secure compensation for what you’ve been through. Book your free initial consultation with the Law Offices of Joshua D. McCann, LTD today.

Since age discrimination violates Illinois state law, very few employers will make it obvious that their decision has to do with the employee’s age. You won’t likely hear words like ‘We want a younger employee in your position’ or ‘You’re too old to stay in the company.’ Yet, if you’re aged 40 or older, and you’ve been replaced with someone under 35, you know you’re faced with age discrimination. This guide explains how to protect yourself in a situation like this, but before that, let’s understand age discrimination:

What Is Age Discrimination?

Under the Age Discrimination in Employment Act (ADEA), it’s not legal for employers to hire, fire, or promote employees or determine their compensation based on their age. When an employer violates this rule with a worker who is 40 years or older, they’re said to be guilty of age discrimination.

This can happen if the boss wants to hire younger employees who expect lesser pay, asserting that the organization needs new blood. You’ll notice that most of the workers that were laid-off during the ‘redundancy’ period will be older, whereas youngsters with less experience were allowed to stay.

If you’re among the victims of age discrimination, more often than not, you’ll have faced remarks like ‘ancient,’ ‘old school,’ or ‘over-the-hill’ coming from your boss. Let’s find out what to do when faced with age discrimination:

What to Do when Faced with Age Discrimination

Age Discrimination cases tend to be more complicated than other discrimination matters, primarily because you need concrete evidence to establish your claim. When preparing for your case, create a record of any hints, remarks, emails, etc., that indicate age discrimination. Be sure to add the names of the person involved as well as a comprehensive explanation of each act.

Also, check the company’s policies about discrimination and grievances. You may find options that might be more feasible to you than suing the employer. If you have no other choice than to file a lawsuit, contact an Illinois age discrimination lawyer to guide and help you through the litigation process.

If you’re located in Schaumburg, IL, get in touch with Joshua McCann, one of the most experienced employment attorneys in the region. No matter how complex your case is, he is well-versed in taking on the challenge and protecting you from age discrimination at work.

As the COVID-19 pandemic continues to take a massive economic toll on national and global markets, unemployment has become a substantial concern not only in the US but all over the globe. Wrongful termination of employees has been a serious problem in the past year. What are the rights of employees in a situation like this? Can your employer sue you if you refuse to work due to COVID fears? Let’s obtain the answer in light of the employment law.

Termination for Refusing to Work Amid COVID-19 Outbreak

The stress and fear surrounding the COVID-19 crisis have resulted in certain dangerous behaviors, such as the mistreatment of Asian-Americans due to their perceived connection with the pandemic. Some employers retaliated against employees who raised concerns regarding workplace safety with respect to the coronavirus. Others even went on to fire employees for complying with the stay-at-home orders.

Thanks to the law, employees are legally protected against all such harassment and discrimination issues they face at work. If the virus situation in your city is serious, the authorities will most certainly have strict lockdown measures, including the shelter-in-place order. In this situation, if you refuse to turn up to work to comply with the government directive, your employer can’t legally terminate you. If you’ve experienced anything like this, go ahead and file a wrongful termination claim at your earliest.

Even if there’s no stay-at-home order, you still have the right to refuse to work in the following conditions:

• You strongly feel that existing conditions at your workplace pose an ‘imminent danger’ that can immediately cause severe physical harm or death, and most will individuals agree with you.

• You reported the health hazard to your employer.

• Your employer failed to address the issue.

• The urgency of the situation makes it impossible to seek an inspection from OSHA.

If, however, the disease is not highly prevalent in your region and workplace, and no shelter-in-place order is implemented, you can’t simply refuse to work. Your employer is certainly responsible for providing a perfectly safe work environment with proper social distancing measures. You will be required to attend work but have full authority to file a lawsuit against your employer if you believe that proper COVID-19-safety measures aren’t in place.

Now that you know your rights against wrongful termination, it’s time to find a reliable employment lawyer to represent you in court. If you’re located in Schaumburg, IL, Joshua McCann is the right employment lawyer for you! He has been protecting employees in Illinois for 30 years. Get in touch for a free initial consultation.

When employers fire an employee, they try to keep it under wraps from other employees if they did it out of retaliation. Instead, they point to other ‘issues’ that they faced with the terminated employee. This can be anything from a poor work ethic to attitude problems to performance issues.

If the employee was terminated because he/she asked for worker compensation, this is employer retaliation, which is illegal in Illinois.

Documenting Employment Retaliation

Over the years, Illinois courts have recognized several methods that prove employment retaliation. Some of them include the following:

Recording the Way It Is Reported

You cannot have a claim if you do not have proof that you were discriminated against because you took part in a protected activity. So make sure that you have a copy of the complaint you filed with the employer or HR. This can include emails and hard copies and even calls.

Prove Employer Awareness

You also need to prove that your employer was aware that you participated in the protected activity. For instance, you can produce the form that HR gave you to fill since it has to go through your boss as well. It is also a good idea to prove (if applicable) that he/she knew about the protected activity before retaliating against it.

Maintain a Paper Trail

If you are being retaliated against, chances are your access to your work PC will be cut off at some point to ensure you don’t save any incriminating documents. Be ready to gather evidence from a file that is not connected to company servers. Keep hard copies of all emails or communication you received that are negative in tone. This includes:

• Emails that prove a supervisor was micromanaging your work.

• Post and pre-protected action employment reviews.

• Harassing notes you received from employees or your employer after you took the protected action.

• Emails from workers detailing conversations they had with your employer which incriminates him/her. If they told your colleagues about any negative action they were going to take against you, you should have proof of it.

• Demotion notices.

The aforementioned documents can help your attorney create a rock-solid case that can protect your best interests. At the Law Offices of Joshua D. McCann, LTD, we protect brave whistleblowers who expose illegal activities in their company and other protected actions they participate in. Don’t let your employer get away with employment retaliation. Get in touch with us for a consultation in Schaumburg, IL today.

Illinois is an ‘at will’ state. While it means that employers can fire employees without an extended notice or explanation, wrongful termination is against the law. If you think you are the victim of unlawful firing, you have 180 days from the time you knew or should have known that you were victimized.

The Statute of Limitations

A statute of limitations is basically a deadline that is set by law for filing lawsuits. Once it passes, your claim will not be actionable. These can vary from six months to a year or longer depending on the case and the circumstances surrounding it.

While judges usually dismiss cases that are filed post statute of limitations, there are exceptions. However, only a skilled and experienced employee can guide you through options that a judge will not dismiss.

Rather than relying on friends or family who have been through similar cases, consult with a professional litigator for your unique situation. They are more aware of changes in the law than the people you know are and can give reliable advice.

What Is Wrongful Termination?

If you have been wrongfully terminated from your job, your lawyer will argue that you deserve compensation because your employer violated exceptions to the ‘at will’ rule. These include the following:

• Discrimination

• Termination of employment for protected work time.

• Employment contract violation.

• Retaliation for protected action

Employers can fire employees within reason. However, as per Illinois law, protected workers cannot be fired for reasons pertaining to the reason why they are a protected class. So if your employer terminates your employment on the basis of your sex, religion, gender, citizenship status, marital status, and other things you cannot control, they can be sued.

The law applies to all employers in the state who have 15 more employees with some exceptions. For example, age discrimination applies to those who have 20 employees or more, and employers who have four or more employees cannot discriminate against workers when it comes to their citizenship status.

However, all Illinois lawyers have to comply with the law the prohibits disability discrimination. Additionally, they are not allowed to fire employees for a rightful action they take such as asking for worker’s compensation or reporting sexual harassment in the workplace.

If you think you have been fired wrongfully, you have every right to sue your employer. It is not just unfair, it is also illegal. Get in touch with us for a consultation with our attorneys at the Law Offices of Joshua D. McCann, LTD today.

What Is the Family and Medical Leave Act?

The coronavirus has wreaked havoc in Illinois and across the globe making sick leaves mandatory. The Family and Medical Leave Act allows employees 12 weeks of unpaid job protection if they have serious health conditions. It also protects qualifying family members. During the pandemic, this act has proven invaluable because it does cover the illness.

That’s because COVID patients require care or continual treatment by a health care provider in case the patient has to go on a ventilator. However, unless you fulfill the following criteria, you cannot benefit from the Act:

• You have been employed by the company for 12 months.

• Your employer has over 50 or more employees on the payroll and who work onsite or within 75 miles of the worksite.

• You have completed over 1,250 hours during the 12 months before you take the FMLA leave

When Can You Take A FMLA Leave For COVID-19?

If you are unable to do your job properly because of health conditions caused by the virus, you can take your FMLA leave. It’s the same if you would take sick days off if you caught the flu. While the flu is not necessarily categorized as an impairing disease, it can be treated as such if it results in hospitalization or inpatient care. It should also involve incapacity that lasts for more than three consecutive days and should also involve either of the following:

• In-person treatment by a healthcare professional at least once, which also results in other treatments down the line such as antibiotics.

• In-person treatment twice or thrice within 30 days after the first time the employee was incapacitated. However, this duration is flexible in keeping with any extenuating circumstances that crop up during hospital visits.

By ‘incapacity’ we mean the employee’s inability to perform basic job functions, attend a school or take care of daily activities that were not a problem for them otherwise because of their serious health condition.

If your employer is refusing to allow you to take FMLA leave because you have COVID, you can file a lawsuit against him/her for denying you those basic rights. At this point, you should hire an experienced employment attorney from the Law Offices of Joshua McCann in Schaumburg, IL right away. He has an impressive track record of protecting employees such as yourself from unlawful treatment in the workplace and this includes denial of FMLA leaves. Get answers to tough questions by booking a consultation with him or by filling out and submitting this online contact form.

If you are 40 years of age or older and you have been discriminated against in the workplace because of your age, you can sue as per the Age Discrimination in Employment Act (ADEA). This federal law protects employees in your age bracket from unlawful age discrimination.

Top Examples of Age Discrimination in The Workplace

Age discrimination can be subtle or overt. Here are some ways you may be being discriminated against because of your advanced age:

• You got fired because your boss prefers to keep younger employees on the payroll who can be paid less.

• An employer refuses to hire you because you don’t look young.

• You received a negative evaluation of your job because you are unable to take on projects that a younger employee can.

• You did not receive a promotion that you deserved and which went to an employee who is younger but less experienced than you.

• You were laid off during a company layoff in which younger and less experienced workers were kept onboard because your employer could afford to keep them.

• Your supervisor would make age-related remarks about you before you were fired.

If you experienced any of the aforementioned, you can sue your employer for age discrimination.

Which Employers Are Covered?

Not every employer can be sued for this type of discrimination. The law applies to those employers who have at least 20 employees, whether they are state or federal. It also applies to employment agencies, the federal government, and labor unions. However, the law is not applicable to independent contractors and elected officials.

You may not be able to determine the number of employees your employer may have, but that is nothing that an experienced workplace discrimination attorney cannot uncover.

What You Can Do

Due to the complexities and differences between federal and state laws, you may face some challenges in your case. Here are some things you can do to streamline the process:

• Write down any hints, remarks, or acts that were directed at you because of your age. This includes the circumstances surrounding the experiences.

• Check out company policies that are based on age discrimination. If they contain options to address such conduct, you may not have a case.

The best thing to do is to consult with an attorney. Both state and federal laws protect employees against discrimination and unlawful treatment in the workplace. Don’t fear for job security. The Law Offices of Joshua D. McCann, LTD can ensure you get the compensation you deserve and can get a job after. Get in touch with us in Schaumburg, IL for a consultation today.

Illinois is a state that has ‘“at-will employment”, which means that an employer can fire an employee at any time irrespective of the reason behind the termination. This can lead to problems but there is an exception to this rule in the state called the Whistleblower Act.

What Is the Whistleblower Act?

The Illinois Whistleblower Act protects and rewards employees who expose corrupt practices in their workplace or wrongdoings. The Act also protects them against retaliation if their employers find out about their complaints by prohibiting them from doing it.

Employers cannot retaliate against employees who:

• Take part in an investigation to reveal illegal activity or refuse to take part in something that violates state laws.

• Reveal information to law enforcement that they believe can violate state laws and regulations.

Before disclosing any information, employees should make sure that they are 100% correct in their estimations. This includes determining whether the issues and activities can be interpreted as violations or not. If they fail to do this and their information turns out to be false, the Act cannot protect them against libel.

Prohibited Acts by Employers

Prohibited Acts by Employers

As per the Illinois Whistleblower Act, employers are prohibited from doing the following:

• Retaliating against employees who disclose certain information that incriminates them.

• Create, adopt, or implement any company policy that prevents employees from disclosing information to the government or a federal agency if they believe they are breaking the law.

• Threaten an employee with retaliation.

Please note that you cannot claim punitive damages under the Act. However, you can file a lawsuit of retaliatory discharge in court within 5 years of that act. Just make sure that you have an Illinois employment law attorney by your side from the Law Offices of Joshua D. McCann, LTD.

We understand these concerns and can help you get the compensation you deserve. We have been working for clients like you for close to three decades and know what it takes to win cases where the chips seem as if they are stacked against you.

During that time, we have managed to create an impressive track record of over 500 employment cases that were fought in federal court. This includes cases against powerful adversaries such as Fortune 500 company execs who can get quite aggressive, but who we never back down against. Get in touch with us for a consultation in Schaumburg, Illinois today!