Author: msaawe

No employee should be forced to work under conditions that violate their physical and mental health. Additionally, they should not be forced to remain silent if they see something at work that makes them fear for their own safety, as well as their co-workers’ safety. The good news is that under Illinois’s Whistleblower Act, they can complain about negligent employers without fear of reprisal.

A ‘whistleblower’ is any individual who notifies the authorities about workplace safety violations or any incidents/concerns their employers may be trying to hide. For instance, if you work in a paint factory and see waste being dumped in a nearby stream, you can ‘blow the whistle’ on your employer to the Environmental Protection Agency.

Since such complaints and actions can end up costing employers a lot of money (in the form of fines, legal counsel, remediation charges, etc.), they can take out their frustration on the ‘whistleblower’ by firing, demoting, blacklisting, suspending, or disciplining them or by withholding their salary or benefits. The Whistleblower Laws prevent them from taking these courses of action with strict repercussions.

However, these laws only protect public employees – i.e. individuals who work for the state and the local government. Besides safety violations, they can report employers without fear of retaliation for the following reasons:

ü Mismanagement

ü Waste of funds

ü Abuse of authority

ü Law and rule violations

Federal employees are protected from almost every angle. For example, according to Section 10 of the Whistleblower Act, employers cannot force, make, regulate, or use a policy to stop an employee from providing information to authorities if it proves they are violating federal law. Similarly, Section 15 of the Ac also states employers cannot retaliate against said employees.

However, employees are only protected under these Sections if they have reasonable cause to believe the information they are about to disclose can prove illegal conduct. Otherwise, they will be taken to task by the law and will not be protected against potential lawsuits that their employer may file against them.

In case an employer is found guilty of any issues that violate any of the Sections in the Act, they can be held accountable via a civil lawsuit. The result is they may have to pay the employee twice the amount in backpay (to make up for the time the employee was unemployed because they were fired in retaliation) and pay for the employee’s attorney as well as damages.

If you are facing an adverse employment action because of complaint you made against your employer, you have every right to ask for compensation. This is where the Law Offices of Joshua D. McCann, LTD can work wonders. Our law office takes time to go through every case, including the working conditions our clients work in. The claims process can be tricky, but we have helped our clients understand it so many times, we know it like the back of our hand. We will apprise you of all the legal options you have at your disposal, which you may not be aware of.

Every employer in the U.S. must comply with the Family and Medical Leave Act (FMLA) or face costly lawsuits from frustrated employees. The Act allows eligible workers to take unpaid sick leaves and get their jobs back under certain conditions.

How the FMLA Is Used in Illinois

In Illinois, employers who have at least 50 employees have to follow the rules set down in the FMLA for at least 20 weeks. However, not every employee is eligible. Only employees who fit the following criteria can benefit from it:

• Employees who have worked at least 1,250 hours during the last year.

• Employees who have been on the payroll for at least a year.

• Employees who worked with 50 other employees of the company in a 75-mile radius.

Individuals who have worked in the state for at least 12 months also qualify for medical as well as family leave under the FMLA. An employee who is in a civil union can also take leaves according to the Illinois Religious Freedom Protection and Civil Union Act.

Types of Leaves Available to Eligible Employees

Under the FMLA, employees can take the following leaves:

For Parental Reasons

Employees of the state can ask for a leave for child adoption or if they want to take care of a physically injured or emotionally disturbed child or other serious family concerns. They can get two weeks or 10 days off after they adopt the child.

For Child Birth

Women who work for the state and who pre-certify their pregnancy within the first 20 weeks are eligible for 20 business days of paid maternity leave. Additionally, employees who pre-certify for their spouse’s pregnancy can get 15 days of paid leaves as well. Similarly, adoptions also merit three weeks of paid leave. However, if members of the same family work for the state, only one of them can use these benefits in a year.

To Fulfill Familial Obligations

Employees who have to provide primary care to an immediate family member or member of their household can also take paid leaves. The leaves can be used to care for a disabled or bedridden member of the family, to settle the estates of a deceased family member, or to care for or nurse a newborn, among other reasons.

If you are an employee of the state and believe your rights under the FMLA have been violated in Schaumburg, IL, you need an attorney who can represent you aggressively in court. Get the compensation you deserve by choosing the Law Offices of Joshua D. McCann, LTD. He has an impressive track record representing more than 500 worker cases in federal court. He is not afraid of standing against injustice. For more than three decades, he and his impressive team have gone against Fortune 500 companies and government agencies to ensure their employees get the benefits they deserve as per the law. Don’t bow down to pressure. Get in touch with the law office today and allow justice to prevail.

Job discrimination based on unchangeable factors is not only unfair, it is downright inhumane. Fortunately, both private and federal employees in Illinois are protected against workplace discrimination in several ways.

According to the Illinois Human Rights Act, employers cannot discriminate against workers on the basis of color, race, religion, sex, ancestry, nationality of origin, marital status and several other factors. Similarly, federal anti discrimination laws apply to employers who have more than 15 employees and those that have more than one employee have to comply with sexual harassment, pregnancy discrimination and disability discrimination provisions.

The role of the EEOC in Federal Employee Discrimination Claims

If you think you are being discriminated against in the workplace, you can file a claim with the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC). To choose which one you should file the claim with, look to your workplace. If it has between 15 or 20 employees, you can file with the former. If it has more than 20 employees and is a federal agency, file with the latter – especially if you face discrimination due to your age.

The EEOC is important in this regarding because its main aim is to interpret and enforce federal laws, which prohibit workplace discrimination. This includes Title VII, which prohibits employers from retaliating against employees who complained about them and prevent them from asserting their rights.

The regulating body also protects pregnant women who are discriminated against in the workplace because of their condition. According to Congress, the law now clarifies this discriminatory action is akin to sexual discrimination.

The EEOC also protects disabled employees who are prevented from earning an income because their employer’s failure to provide reasonable accommodations, which can allow them to fulfill their job duties. Similarly, it also enforces the Age Discrimination in Employment Act (ADEA) and the Genetic Information Non Discrimination Act (GINA) to prohibit employers from discriminating against employees on the basis of age and genetics respectively.

If you think you have been discriminated against in any of the aforementioned ways, get in touch with the Law Offices of Joshua D. McCann, LTD for aggressive legal representation. We will assert your legal rights, so you don’t have to. We are not afraid to go up against large conglomerates in Schaumburg, Illinois. We understand such concerns in intimate detail and have more than 30 years of experience fighting for worker rights and compensations.

You may think you’ll never be discriminated against, but if you find yourself gender bias in the workplace, you are not only being treated unfairly, your employer is also blocking you from lucrative career opportunities due to their personal opinion. Their actions may not be apparent at first, but certain actions and circumstances should convince you into taking legal action against them. Here are some actions you should watch out for:

1. You Are Paid Less Than Your Male Colleagues for the Same Job

If you are doing the same work as your male colleagues but are being paid less than them – even though your performance is unquestionable, you are being discriminated against. This will also come into play during job offers and interviews when you are negotiating a salary package or a raise.

Most employers do this because women rarely argue or assume they don’t need as much as they think they do. Some may prohibit female employees from working overtime – but not their male counterparts on the assumption men don’t have to go home and look after their family. The bottom line is you have the right to make them fairly compensate you for the work you do. Their personal beliefs should not have an effect on their decision.

2. The Interview Process Is Different

Questions asked during the interview process should be the same for both genders, but women are often asked personal ones, which have nothing to do with the job. For example, it is illegal for an employer to ask if a female employee is married, has children or not, whether they intend to start a family, etc.

None of these queries have any bearing on the candidate’s ability to do the job. Most employers ask them to determine how much they will cost them as employees, rather than how they can be an asset to their business.

These acts are discriminatory and illegal according to the Illinois Human Rights Act. Besides gender, employees cannot discriminate in the workplace on the basis of ancestry, place of residence, color, religion, age, country of origin, and other aspects that can prevent a worker from befitting from workplace policies or opportunities.

If the previously mentioned circumstances seem familiar, you can press charges against your employer or against anyone who refused to hire you based on protected categories. Get in touch with the Law Offices of Joshua D. McCann, LTD today and allow us to fight for your rights in court if necessary.

Workplace discrimination can not only take a toll on your self-confidence, but it can block access to opportunities, which can otherwise improve your career aspects. In Illinois, such actions are illegal, especially if they compromise the safety and wellbeing of a protected class.

For example, employers cannot discriminate on the basis of race, color, ethnicity, marital and citizen status, sex, disability, age, country of origin, gender identity, criminal record, location of residence, and lack of a mailing address (in case the employee lives in a shelter).

Additionally, Illinois protects disabled individuals who are employed via the Americans with Disabilities Act. It provides this protection by describing a disability as a mental or physical aspect of a person that is determinable.

If you have been discriminated due to any of these reasons, you can file a complaint with two entities – either the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR). Contrary to popular belief, you don’t have to get in touch with both. Your complaint to be taken seriously. All you need to do is to file with one and mention that you need to cross your issue with the second agency.

Most people opt for the IDHR since it deals with employment discrimination across the state. However, bear in mind, you have only 300 days to take action. Additionally, the employer you are filing a complaint against has to have at least 15 employees on the payroll. However, this clause can be overlooked if he/she is:

– Employed by the state or the government as a public contractor

– Guilty of sexual misconduct or physical/mental disability discrimination

– Part of the state government

The IDHR can act against the employer for the aforementioned infractions. However, it cannot:

– Look into fraudulent actions taken by unions, unless the claim covers the aforementioned protected classes

– Look into unfair employment practices, such as personality conflicts, political affiliations, etc. unless they are the direct result of discrimination as described before.

– Look into charges placed on the federal government

Discrimination in the workplace is one of the vilest forms of power play, which can target your dignity and stop you from making the most of your skills. Taking such employers to the task is your legal right. For more than three decades, Joshua McCann has worked to protect the rights of employees who have been treated unfairly in Schaumburg, IL. Get in touch with the Law Offices of Joshua D. McCann, LTD for a free consultation today.

When you are expecting a baby (or babies) and suffering from daily morning sickness, the last thing you want to hear is your employer saying you cannot take days off. This is where the Illinois Pregnancy Accommodation Law can protect you. According to the law, it is illegal for an employer who has 15 or more employees to treat an employee unfairly because they are pregnant.

This law was a godsend for employed and expecting mothers who had to force themselves to come to work or were fired – even though reasonable accommodations were possible. Today, this is a civil rights violation in the state of Illinois, regardless if they work full-time, part-time, or are on probation.

Under the Public Act 98-1050, employers:

– Must accommodate a pregnant employee unless it can result in hardship;

– Cannot block pregnant employees from benefits and employment opportunities or act against an employee or applicant who asks them to accommodate her;

– Cannot force a pregnant employee to accept an accommodation they did not ask for;

– Cannot refuse to reinstate a pregnant employee to her original position or an equivalent one for the same pay when she returns from leaves unless he/she can prove it can prevent hardship for the company.

The first thing you need to do is to request for reasonable accommodations from your employer when you are pregnant or suffer from medical conditions, resulting from pregnancy. The only way your request can be denied is if the employer can prove granting the accommodation can result in undue hardship for the business. To prove this, they must determine the cost and nature of the request, the financial resources they currently have, the number of employees they have, and the nature of the work the business is involved in.

If the request can be reasonably accommodated, the employer must grant it or face disciplinary action or a lawsuit from the pregnant employee. Some of these accommodations can include:

– Longer lunch breaks;

– Frequent bathroom and water breaks;

– Comfortable seating;

– Transfer to a less stressful area;

– Time off to recover from the pregnancy;

– A modified work schedule;

– Work assistance, such as for manual labor.

How the Law Offices of Joshua D. McCann, LTD Can Help

If you are looking for a lawyer in Schaumburg, Illinois, who can clarify the pregnancy laws in the state and represent you in the court against an unaccommodating employer, the Law Offices of Joshua D. McCann, LTD can help.

Even though workplace discrimination is disappearing in the U.S., many people must still contend with its sting. You may be afraid to come forward because of a stubborn manager, but the good news is you can assert your legal rights without fear of getting fired from your job. Even though Illinois has strict wage and hour laws, certain rules protect a worker’s right to pay, hours worked and holiday bonuses – irrespective of their gender, health status, religion, or ethnicity. However, before hiring an attorney, make sure you understand the following facts.

Employers Don’t Have to Pay You Overtime for Holidays

There are 14 legally recognized bank holidays in the state of Illinois, with 10 being federal holidays. If one falls on a Sunday, it must be observed the following Monday, but not if it falls on a Saturday. Currently, there are no federal or state policies in place that require these holidays to be treated as paid or unpaid time off work. In other words, employers don’t need to pay their employees extra for working on those days or give them the day off.

Employers Can Be Held Accountable for Workplace Discrimination

According to the Illinois Human Rights Act, employers can be held accountable for practices that discriminate against:

– Religion

– Gender

– Criminal record

– Age (40+)

– Sexual harassment during employment

– Sexual orientation

– Pregnancy

– Marital status

– Physical and mental state

– Military status

– Race or color

To take an employer to task for discrimination, you need to file a complaint with the Illinois Department of Human Rights within 180 days of the discriminatory act. An attorney will ensure you get the compensation you deserve.

Overtime Bonuses Are Mandatory in Some Cases

When you work for more than 40 hours a week, your employer should consider those extra hours as overtime and pay you accordingly. These are usually highly paid workers and they must collect the amount due to them in three (3) years or forfeit it. Any employer who has more than one employee must pay their employees overtime. Plus, under the Fair Labor Standards Act, executives, administrators and those who don’t work directly with the business are not entitled to overtime unless they are paid more than $455 a week.

Get the Compensation and Bonuses You Deserve by Working with Joshua McCann

For more than three decades, the Law Offices of Joshua D. McCann, LTD has been working tirelessly to help discriminated employees in Schaumburg and across Illinois. We can help you understand your legal rights and the steps you can take to file a lawsuit.

A whistleblower is an individual who either anonymously, or in-person, brings forward confidential information that might cause harm to public or customers. The act of whistleblowing is largely protected in Illinois under the Illinois Whistleblower Act providing employees with protection against wrongful termination and harassment.

Whistleblower Protection

Apart from the Illinois Whistleblower Act, there is also protection provided by OSHA to employees. The OSHA’s Whistleblower Protection Program combines a variety of state and federal laws to ensure employees feel safe while disclosing violations at both public and private organizations. The OSHA’s Whistleblower Protection Program and Whistleblower Protection Enhancement Act (WPEA) also provide support against retaliation when supervisors and managers retaliate against employees who engage in protected activities. Some retaliatory actions include:

· Failing to provide and denying benefits, fair pay and bonus to whistleblowers and employees,

· Making threats, passing verbal comments and blacklisting employees for coming forward,

· Intimidating, harassing, mocking employees,

· Refusing entry, laying off without cause and restricting access to work.

Filing Retaliation and Whistleblower protection Claims

An employee can file a relational and whistleblower claim within five (5) years of the incident. The lawsuit needs to be filed through appropriate court. A whistleblower should seek support from an expert employment law attorney to ensure evidence is gathered and presented for claims processing. It is illegal to fire, harass, or discriminate against a whistleblower during the lawsuit. Federal employees who come forward to become part of an ongoing investigation, or refuse to be part of an activity that may cause harm to public interest are protected in Illinois under the State Officials and Employees Ethics Act. A whistleblower termination claim can result in the recovery of litigation costs, back pay, or reinstatement of an employee. However, if an employee in any manner broke the law to gather evidence, or disclose information, their claim might get rejected.

The Occupational Safety and Health Act section 11(c) can be sought to file whistleblower complaints against termination. A complaint can be filed within 30 days to 180 days, depending on the industry and statute sought. A whistleblower who’s been termination can communicate to OSHA by coming in person, send an email, or send a fax to file a complaint in any language, after which interviews and investigations start.

If you want to know more about whistleblower termination claims, make sure to schedule a free consultation by contacting the Law Offices of Joshua D. McCann, LTD to talk with an experienced employment lawyer.

Due to unfortunate events and accidents, individuals might undergo temporary or permanent disability. It may lead them to an inability to perform certain tasks, making it difficult for employees to rejoin their previous position or job. Disability discrimination occurs when an employee is not provided the opportunity to rejoin the workplace with the same dignity and job, or an employer refuses to provide an employee with an environment that allows for normal work. It is strictly prohibited under both the Illinois Human Rights Act and the U.S. Equal Employment Opportunity Commission guidelines.

Examples of Disability Discrimination

There are a variety of legal cases that provide examples of how disability discrimination can be understood. These examples help assess the need to file a claim with the U.S. Equal Employment Opportunity Commission if discrimination arises.

· Dismissal of an employee due to a recent disability-related absence,

· Dismissal due to an inability to rejoin the workplace on the same job, or rejecting employees to undergo redeployment interviews,

· Inability to provide effective accommodation, interpreter, or wheelchair support,

· Inability of an employer to provide a disabled person with effective redeployment opportunities,

· Verbal abuse, offensive remarks and negative feedback for the inability to perform a job,

· Refusal to pay fair pay, bonus, or overtime to an employee with a disability.

The Human Rights Act and the Rehabilitation Act prohibit employers from disseminating when employee compensation, training, job, benefits and assignments are involved. Additionally, employers cannot disseminate an employee whose spouse or relative is going through a disability that includes both physical and psychological.

Filling a Disability Discrimination Claim

An Americans with Disabilities Act (ADA) complaint can be filed with the Disability Rights Section (DRS) in the Department of Justice, the Illinois Department of Human Rights (IDHR), or the U.S. Equal Employment Opportunity Commission. After review of the complaint, an arbitrator, or an attorney can be assigned to act upon the complaint and seek damages for dissemination. Alternatively, an expert employment law attorney can be sought to file a discrimination claim and provide legal support in this process. It may take up to 10 months for EEOC to review the complaint through a mediation and investigation process before a verdict is given.

If you want to know more about disability dissemination, make sure to schedule a free consultation by contacting the Law Offices of Joshua D. McCann, LTD to talk with an experienced employment lawyer.

Being wrongfully terminated can be more painful than losing a job due to a recession. The wrong termination can happen due to dissemination, refusing to be part of a criminal offense, acting as a whistleblower, or when an employee adheres to public policy. In all cases, an employee receives protection and they should file a charge against their employer, seek damages, or even be reinstatement to their old or a better position. The following are some reasons that should be carefully assessed before a charge for wrongful termination is filled with the Illinois Department of Human Rights.

Under circumstances of wrongful termination, or when an employee seeks whistleblower protection under state and federal laws, consulting a competent employment law attorney can help file charges with the Illinois Department of Human Rights or the Illinois Department of Labor.

Acting as a Whistleblower

An employee acts as a whistleblower if they observed illegal activities and decided to share it with government agencies. An employee is forbidden to discharge or fire an employee if they are part of a criminal investigation or act to corporate in matters of public policy. Whistleblowers are protected under the Whistleblower Act, and a legal change can be filed against an employer.

Wrongful Discharge due to Discrimination

Workplace discrimination due to sex, age, race, color, ethnicity, gender, political opinions, physical or mental disability is still common. An employee can file a complaint with the Equal Employment Opportunity Commission (EEOC) and require compensation for job loss or damage to reputations. After a claim is filed, an employer is not allowed to harass an employee or threaten them into forceful submission, or seek reversal of charges under influence.

Violation of Contract

Although in most states, employees are hired as “at-will” and can be discharged without a formal notice or reason, an employer cannot layoff an employee if a contract was previously signed prohibiting wrongful termination. A termination apart from any of the causes defined in such a contract is defined as wrongful termination. Even if there was no formal contract, an employer must define a cause of termination if a charge or lawsuit is filed against them.

Dismissal Due to Fraud

If an employee made promises and commitments during their recruitment process, failed to fulfill them, and sought an employee to resign for seeking their fulfillment, it can be grounds for fraud. Wrongful termination, because an employee sought compensation, or relied on previous promises and representations for fulfilment of job, are legal grounds for complaint.

If you want to know more wrongful termination and wish to file a legal complain, make sure to schedule a free consultation by contacting the Law Offices of Joshua D. McCann, LTD to talk with an experienced employment lawyer.