Author: msaawe

Workplace retaliation for whistleblowing is illegal in Illinois and you can get compensated for it, provided you have a competent attorney on your side. If you brought illegal practices to the light, your employer might show his/her displeasure by retaliating subtly. Here are some of the top subtle signs of employer retaliation you may not be aware of.

You Are Left out At Work

The silent treatment is innocent in grade school, but it can take on malicious proportions in the workplace. If your colleagues or employer start to exclude you from work-related conversations when they never did before, they may be retaliating against you. A common example of this is exclusion from meetings that everyone is attending but you never received a memo for it.

You are Reassigned to a Different Department or Shift

One of the most common ways disgruntled employers can retaliate against employees is by shifting them to other departments or shifts. This can be due to one of two reasons. They may not want to work with you anymore or they may be trying to make your life difficult, so you have no choice but to quit.

If you were working in marketing, but were suddenly shifted to another department after you made a complaint, you are being retaliated against. Yes, you can quit and find a job where you will not face such issues, but do you really want to be booted out just for doing the right thing?

What to Do if You Think Your Employer is Retaliating Against You

If you are being treated unfairly in the workplace just because you made a complaint about say a supervisor who was sexually harassing you, talk to HR first. If they fail to take action or take minimal action, file a retaliation complaint with the Equal Employment Opportunity Commission (EEOC). You may have to contend with certain time limitations so make sure you also get legal advice as soon as possible.

This is where the attorneys at the Law Offices of Joshua D. McCann, LTD can prove invaluable. We understand such concerns on an intimate level and are not afraid of going head to head with powerful employers if it means you can get the compensation you deserve. We have litigated over 500 cases in federal court which include cases against Fortune 500 companies and even government entities. Get in touch with us for a consultation in Schaumburg, IL today.

Even though Illinois is an at-will state (which means employers have the right to fire employees for a variety of reasons), there are exceptions. One of them is retaliatory discharge i.e. if you were let go as retaliation for exercising your legal rights in the workplace.

If you have a valid claim, you can sue your employer for wrongful termination provided you have an experienced attorney who can analyze your claim and file your lawsuit.

What Is Retaliatory Discharge?

Retaliatory discharge from an employer can take on many forms. It can be against an employee who filed a worker’s compensation claim, requested for legal reimbursement as per medical coverage, and other legal actions. Since these are legal rights, employers who fire employees on their basis may be considered retaliatory.

If an employer lets go of an employee as revenge, due to severe issues (such as letting an employee go who filed a sexual harassment report at work or who exposed an illicit activity in the company to the authorities), they can be sued for damages by the victimized employee. In fact, as an employee, you are also protected if you refuse to carry out a command by a supervisor or employer that you think is illegal or discriminatory in nature.

This can be the case if say your employer tells you to deny service to a client based on their religious proclivities, gender identity, or race. If you are asked to kick out a diner because he only speaks Spanish and cannot relate his order in English, you have the right to fight back if you are fired for refusing.

That’s because you refused to perform a discriminatory act that is protected by law in the state of Illinois and several other states as well.

How to Prove Retaliatory Discharge

If you have been the victim of a retaliatory discharge, you need to prove the following to present a solid case:

• That you were employed when you were injured (and then let go because of it).

• That you sought worker’s compensation for it.

• That you lost your job.

• That you were let go because you wished to seek worker compensation benefits.

This is where the Law Offices of Joshua D. McCann, LTD comes in. We can provide you an experienced attorney who will not settle for the bare minimum when it comes to damages you can claim. We are known for our aggressive representation tactics and are not afraid to go head to head with powerful and private employers. Get in touch with us in Schaumburg, IL today.

According to the Illinois Pregnancy Accommodation Act (IPAA), employers have a duty of care for pregnant employees, regardless of the number of employees they have. The law protects expecting mothers who are on the payroll as well as pregnant job application, probationary employees, and part timers.

What Is Pregnancy Discrimination?

The best way to ensure you are not charged with pregnancy discrimination from an expecting employee, is to educate yourself on the nuances of the Illinois Pregnancy Accommodation Act. Pregnancy discrimination involves the treatment of pregnant employees or job applicants unfairly based on childbirth and other conditions related to their state.

Some actions that come under this form of discrimination include the following:

• Firing or demoting a pregnant employee or applicant

• Refusing to hire a pregnant applicant because of their condition

• Refusing to give a similar job to a pregnant employee when she returns to work post childbirth or after a pregnancy leave

• Treating a pregnant employee unfairly or differently from other disabled employees

• Refusing to provide health insurance coverage for male employees for their wives’ pregnancy related conditions. (This comes into effect if the wife is an employee of the same company and has access to the same coverage)

Pregnancy or any condition that is related to it, must be treated the same as you would a temporary disability. This can include bed rest recommended by a doctor, severe morning sickness, childbirth recovery and other conditions. As an employer, you are obligated to ensure your pregnant employees receive the same benefits and treatment employees with other disabilities do in the workplace.

Common ways employers can discriminate against pregnant employees include the following:

• Asking a job applicant how many children they have and if she plans on getting pregnant again. If the applicant informs you she is four months pregnant and is overlooked because of it or asked to return once the child is born, you can be sued.

• The employee is fired after the employer learns she is pregnant even if she could work for several months more.

• Refusing to give time off to a pregnant employee for a mandatory doctor’s appointment or docking pay for the hours she was not at work – even if she requires ongoing medical treatment because of her condition.

This is far from an exhaustive list. If you think you are being discriminated against in the workplace because you are expecting a child or after childbirth, you have grounds to sue. Get in touch with our dedicated attorneys at the Law Offices of Joshua D. McCann, LTD in Schaumburg, IL today.

As per the Minimum Wage Law in Illinois, your employer is obligated to pay you for all of the hours you worked whether you are a salaried or an hourly employee. If you fail to complete certain hours in the week, you will not be paid for them. However, you can enter into an agreement with your employer to use some of your holiday and sick leave benefits for those days if you have them.

Holiday Leaves

As per state law, private employers don’t have to give their employees paid or unpaid holiday leaves and your employer may also ask you to working during them. Additionally, they do not have to pay you premium wages for working during the holidays either unless the hours qualify for overtime. If your employer does give you paid or unpaid holiday leaves, it has to comply with company policy or your work contract.

Vacation Leaves

Similarly, an employer who is based in Illinois is not obligated to provide employees with paid or unpaid vacation benefits. They are only obligated to do so if the company has a policy or a contract has a clause that promises said leaves.

If the policy or contract details vacation benefits, the employer has to pay the employee all of their earned or collective vacation if the employee separates from the company. The employee cannot claim them after leaving the company unless he/she is part of a collective bargaining agreement with a union that provides otherwise.

Additionally, no company policy can state a deadline for vacation time. If vacations are part of the policy, employers have to give employees a reasonable amount of time to use those leaves, not lose them if they don’t use by a certain date.

Even though employers in Illinois are not obligated to observe holidays in the state, some do offer days off on Christmas and New Year’s Day. However, during that time they don’t have to pay their employees if the business is closed on those days and if their employees are not scheduled to work during them.

If you think your employer is withholding your holiday bonus or leaves from you even though he/she is contractually obligated to provide them, get in touch with our attorneys at the Law Offices of Joshua D. McCann, LTD today. We have over 30 years of combined experience fighting for the rights of employees in Illinois and the surrounding states. Get in touch with us for a consultation in Schaumburg, IL today!

The Whistle Blower Act in Illinois protects employees who reveal illegal acts their employers are involved in to the law or the government. This can lead to retaliatory action from their employee. In Illinois or in any U.S. state, employers are retaliating if they try and punish an employee for engaging in a protected activity or to prevent them from speaking out. Common acts of retaliation include the following:

• Terminating the employment of an employee who has been injured on the job and files a claim

• Retaliating against an employee who files a worker compensation claim

• Demoting an employee or offering him/her a lower status job or a lower paying position in the company despite their experience. This includes overlooking injured workers for promotions because of their physical state, even though they are qualified for the job

• Refusing to hire an employee who returns to work after recovering from an injury

• Compromising your performance review for no reason after you place an injury claim

• Undeserved disciplinary action against an employee for no reason or as a retaliatory action because they filed a claim.

• Providing poor employment references that can affect a qualified and skilled employee’s future job prospects. If this is done in retaliation for a worker’s compensation claim being filed, the employee is eligible for compensation in most cases

Protected Activities

According to Illinois and federal laws, employees that proceed with the following actions cannot be retaliated against:

• Discussing issues with their manager regarding workplace discrimination such as sexual harassment

• Refusal to follow instructions that can lead to discrimination

• Filing a complaint with the Equal Employment Opportunity Commission (EEOC)

• Filing a complaint with the Illinois Department of Human Rights (IHDR)

• Taking part in an investigation regarding discrimination or harassment in the workplace

• Asking for reasonable accommodation for a disability or any religious practice

Employees who make specific complaints or requests about an employer can receive the maximum protection the law offers. For example, if you see someone being sexually harassed or are the victim yourself, you have to specify in the complaint that you are being sexually harassed.

If you are in such a situation or know someone who is being treated unfairly by employers, get in touch with our attorneys at the Law Offices of Joshua D. McCann, LTD today. We have helped hundreds of clients such as yourself get the compensation that they deserve and brought unfair employers to justice in Schaumburg, IL.

Illinois does not have clear cut laws when it comes to suing former employers for retaliatory discharge. Just because an employer has been unfair in firing an employee does not necessarily mean the employee is entitled to compensation.

In Illinois, retaliatory discharge is a common law tort, meaning it is not found in any statute. To prove a case, the offending employee must prove three (3) elements:

1. That the discharge was retaliatory for certain actions he/she took.

2. That the discharge violates public and company policy.

If successful, a retaliatory discharge claim can help you recover several damages which include:

• Future wages

• Punitive damages

• Back pay

• Attorney charges

• Mental and emotional distress

How Employers Can Retaliate

The U.S. Equal Opportunity Commission (EEOC) prohibits employers from punishing both employees and job applicants for asserting their rights when it comes to discrimination. Some of the activities that constitute retaliation according to the EEOC include employers who:

• Reprimand employees without reason

• Engage in physical and verbal abuse

• Makes work difficult for the employee

• Threatens the employee with termination or fires him/her

• Increases scrutiny on the employee

• Shifts the employee to a less desirable position in the company

In most cases, employers are not obliged to provide their reasoning behind terminations or any of the above actions. However, if they are accused of retaliatory discharge later, they must prove the termination was not their way of exacting revenge. This includes providing proof the employee was performing poorly, were behaving badly in the workplace or were fired because of reasons that went beyond protected actions.

While the Illinois Whistle Blower Act protects employees who reveal illegal employer conduct to government officials, you will need an attorney to fight a retaliatory discharge claim. These professionals are more than well versed in both federal and state laws and will guide you through the process so you are well aware of your rights. This includes ensuring your case gets a favorable outcome.

If you are looking for such attorneys, get in touch with us at the Law Offices of Joshua D. McCann, LTD today. We have years of experience aiding clients such as yourself, who have been discharged from jobs unfairly or as an act of retaliation. Get in touch with us for a consultation today in Schaumburg, IL.

If you suffer from a serious health condition at work or have a family member who has taken ill, taking time off to take care of yourself or them should be your main concern. However, an uncooperative boss can make you stress out, which can further exacerbate your condition. This is where you can demand your rights, according to the Family and Medical Leave Act (FMLA).

FLMA allows employees to balance family obligations and work without suffering from negative consequences. According to the law, employers must allow their employees to take time off from work to take care of themselves family members who are critically ill.

What is Covered By the FMLA?

However, this does not mean every family-related leave is covered. Here are some things you should be aware of about the FMLA as an employee:

• According to the FMLA, you can take 12 weeks of leaves in 12 months, however, it will be unpaid

• You may need to provide proof of the medical condition

• Your employer cannot fire you after you leave. However, when you return, he/she may change your job without repercussions

• Not every employee is covered

Before Taking FMLA Leave

Before taking these leaves, you need to give your employer prior notice. This should be at least 30 days if you know you need to take a leave for a surgery or because of a pregnancy. In such cases, you need to inform your employer about the leave the day you learn you need to take it or on the next workday.

If you need FMLA leaves urgently, in case of an emergency (such as to care for a family member who is injured in a car accident), you still need to immediately inform your employer. If you are unable to do so on an urgent basis, you can follow set protocols your employer has in place until you can inform him/her about the leave.

While you do not have to disclose your diagnosis to your employer, you must provide information proving the leaves you need is based on a condition protected by the FMLA.

If you have been denied FMLA leave by your employer – even though you are eligible for it, you have the right file a lawsuit against them. The Law Offices of Joshua D. McCann, LTD can help. For three decades, our attorneys have been fighting for the rights of employees in Schaumburg, IL, in federal court and are not afraid to go up against business giants. Get in touch with us for a consultation today.

Wrongful termination is illegal in Illinois. If you think your boss fired you because of these issues, you have every right to file a complaint against them with legal authorities:

Your Boss Retaliated Against You
For example, if you blew the whistle on your employer for failing to provide appropriate PPE for worker safety and were fired because of it, you can sue. According to the Illinois Whistleblower Act, employees who disclose illegal conduct to government officials are protected. However, despite this, some employers may still fire employees who speak up about anything illegal they discover in the workplace.

Your Boss Made False Claims About You
If you were terminated while your employer was making false claims about you and was slandering you – you have grounds to file a lawsuit. That’s because their slander can prevent you from getting gainful employment elsewhere.

You Took Time Off and Your Boss Fired You For it
If you took time off – according to state rules, and you were fired for it, you can sue your employer. This includes taking time off for jury duty, to take care of an immediate family member or to perform military service. Also, if your employer violated the rules of a union contract, you may have a claim against him/her.

Your Boss Fired You Because Of Your Pregnancy
If your boss terminates your employment right after you informed him/her you were pregnant and gave no probable cause for the decision, you have been discriminated against. If you cannot find any reason for termination except this one, even when you proved your pregnancy does not prevent you from doing your job, you can file a lawsuit against them.

You Were Fired Before Your Contract Expired
Your work contract specifies how long you will remain employed at a company. If your employer fires you before that term comes to a close, without probable cause, you have grounds for a lawsuit. However, if you were caught stealing or did not perform as well on the job as you were expected to, you probably won’t have a case.

Whether you were wrongfully terminated because you got pregnant or because your boss didn’t like you – despite performing well, you deserve aggressive legal representation. Get in touch with our attorneys at the Law Offices of Joshua D. McCann, LTD in Schaumburg, IL, for a consultation today. We do not back down when it comes to defending the rights of employees who are treated unfairly by their employers.

Gender discrimination in the workplace is usually experienced more by a female rather than male employees. If you count yourself as the former, chances are you may have experienced it in some form or another. You may have been passed over for a promotion in favor of another male colleague. Maybe you were let go from a job once your boss found out you were pregnant or you were sexually harassed.

Whatever the case may be, if you are in a position of power now, you may find yourself making the same mistakes. Here are some ways you can prevent gender discrimination in the workplace

Educate Employees about Gender Discrimination in the Workplace

Gender discrimination can involve different types of harassment, which are based on gender stereotypes. It can involve any act making someone feel uncomfortable or discriminated against based on their sex. This includes both men and women.

While many of those acts can be overt, if management fails to nip them in the bud, they can become explicit. Prevent that from happening by holding workshops that teach employees how to avoid this behavior. Make these workshops more enjoyable by incorporating them into company outings.

Take Immediate Action to Address Complaints

If someone comes to you with a complaint involving gender discrimination, take action immediately to address it. Otherwise, the situation may escalate and you may face a lawsuit. Prevent that from happening by outlining clear procedures that can deal with different situations and follow through with them.

This includes asking the accused to explain their behavior and interviewing witnesses as well as other employees who may have been involved. This will help you to come to a suitable resolution. Depending on the severity of the harassment, it should involve paid/unpaid leaves and even dismissal.

Regardless of the severity of the claims, your aim as an employer should be to completely prevent gender discrimination. If you allow even small issues to slide, you will open the door for severe acts. By addressing and resolving each claim, you can pave the way for a discrimination-free and diverse workplace.

If you are an employee who has been discriminated against in the workplace because of your gender, you have every right to file a complaint. If that hasn’t worked, get in touch with us at the Law Offices of Joshua D. McCann, LTD for expert legal consultation and representation. We don’t back down from powerful employers and will ensure you receive the compensation you deserve in Schaumburg, IL.