Author: msaawe

The Family and Medical Leave Act (FMLA) stands as a landmark U.S. federal law, pivotal in balancing the demands of the workplace with the needs of families. Enacted in 1993, the FMLA allows employees to take unpaid, job-protected leave for family and medical reasons, ensuring that individuals do not have to choose between their job security and their health or family obligations.

The significance of the Family and Medical Leave Act (FMLA) is found in its dual purpose: on the one hand, it promotes the health and stability of families by allowing employees to take leave for severe health conditions, the birth or adoption of a child, or to care for ailing family members without fear of losing their jobs.

On the other hand, it respects the legitimate interests of employers by setting clear guidelines and limitations for this leave. This balancing act ensures that while employees are provided with essential protections to attend to personal and family health needs, employers also retain a level of operational stability and predictability in managing their workforce.

The historical context of the FMLA dates back to a time when the workforce demographics and family structures were evolving, and there was a growing recognition of the need for a more family-friendly work environment. The purpose of the FMLA was to meet this need, providing a legal framework that supports employees in managing family and medical emergencies without fear of losing their jobs.

We aim to provide a comprehensive understanding of the FMLA, starting with an overview of its significance and historical context. It will delve into the specific eligibility criteria for employees, the obligations of employers under the Act, and the types of leave covered. The article will also discuss the limitations and exceptions of the FMLA, providing a well-rounded view of the Act’s applications and implications.

Eligibility Criteria for FMLA Leave

Under the FMLA, employees are eligible for leave if they have worked for their employer for at least 12 months, have accumulated at least 1,250 hours of service during the 12 months immediately preceding the leave, and work at a location where the employer has at least 50 employees within 75 miles. This eligibility criterion ensures that the FMLA covers employees who have a significant attachment to the workforce while also taking into account the operational capabilities of employers.

Employers who are required to provide FMLA leave generally include all public agencies, including local, state, and federal employers, and private sector employers with 50 or more employees. These employers are obligated under the Act to provide eligible employees with up to 12 weeks of unpaid leave within a 12-month period for qualifying family and medical reasons. This provision ensures a uniform standard for leave across different sectors, providing a level of predictability and fairness in its application.

The duration and frequency of leave under the FMLA are carefully defined. Eligible employees are entitled to 12 work weeks of leave in a 12-month period for most FMLA-qualifying reasons. However, for military caregiver leave, eligible employees can take up to 26 work weeks of leave within a single 12-month period to care for a covered servicemember with a serious injury or illness. The Act allows for this leave to be taken either continuously or, in some cases, on an intermittent or reduced-schedule basis, depending on the circumstances and with the employer’s agreement.

The FMLA provides essential protections for employees needing to take leave for legitimate family and medical reasons, setting out clear eligibility criteria and obligations for both employees and employers. This section of the article lays the groundwork for understanding the types of leave covered under the Act and the rights and responsibilities it entails for both parties.

Types of Leave Covered Under FMLA

The Family and Medical Leave Act (FMLA) encompasses a range of leave types to address various family and medical situations. Understanding these can help employees and employers alike recognize the circumstances under which FMLA leave can be appropriately used.

Medical Leave for An Employee’s Own Serious Health Condition

Under FMLA, employees are entitled to take leave for their own serious health condition that makes them unable to perform the essential functions of their job. This includes conditions requiring an overnight stay in a hospital or other medical care facility, illnesses that incapacitate the employee for more than three full calendar days and require ongoing medical treatment, and chronic conditions that cause occasional periods when the employee is incapacitated and requires treatment.

Leave for The Care of A Family Member with A Serious Health Condition

FMLA also allows employees to take leave to care for a spouse, child, or parent who has a serious health condition. This provision is crucial for employees who need to provide care or support for their family members undergoing medical treatment, have chronic conditions, or are incapacitated. It reflects the Act’s recognition of the vital role of family caregivers in healthcare.

Maternity/paternity Leave for The Birth and Care of A Newborn

One of the most well-known provisions of the FMLA is maternity and paternity leave. The Act allows new parents (both mothers and fathers) to take up to 12 weeks of unpaid leave for the birth of a child and to care for the newborn within one year of birth. This aspect of the FMLA acknowledges the importance of bonding and early care during a child’s first weeks and months of life.

Leave for The Adoption or Foster Care Placement of A Child

Similarly, FMLA leave is available for the adoption or placement of a child in foster care. This provision allows employees to take up to 12 weeks of leave to care for the newly placed child in their home. It covers leave for pre-placement activities, as well as for bonding and adjustment time following the placement.

Special Provisions for Military Families

The FMLA includes specific provisions for military families. One such provision is leave for qualifying exigencies related to the foreign deployment of a military member, which allows families to address certain operational demands. Another is the military caregiver leave, which permits up to 26 weeks of FMLA leave in a single 12-month period for an employee to care for a spouse, child, parent, or next of kin who is a covered service member with a serious injury or illness.

The FMLA provides a comprehensive framework of leave types that cater to a wide range of family and medical needs. From personal medical conditions to the demands of caring for family members and the unique challenges faced by military families, the FMLA ensures that employees do not have to choose between their health (or the health of loved ones) and their livelihood. This section of the article highlights the diverse applications of FMLA leave, demonstrating its critical role in supporting employees through significant life events and health-related challenges.

Employee Rights and Employer Obligations

The Family and Medical Leave Act (FMLA) not only provides for various types of leave but also establishes specific rights for employees and corresponding obligations for employers. Understanding these is crucial for both parties to ensure compliance and fairness in the application of the Act.

Employee Rights Under the FMLA

One of the most significant rights under the FMLA is job protection. This means that employees are entitled to return to their same or an equivalent job with the same pay, benefits, and terms and conditions of employment after their FMLA leave. This protection is fundamental to the Act’s purpose, ensuring that employees do not face professional setbacks due to their legitimate need for leave.

Additionally, the FMLA mandates the continuation of health insurance benefits during leave as if the employee had continued to work. Employees on FMLA leave must be treated the same as other employees for health benefit purposes. This provision is critical in safeguarding the health and welfare of employees and their families during times of medical need.

Employer Obligations

Employers have several obligations under the FMLA. Firstly, they are required to provide notice to employees about their rights and responsibilities under the FMLA. This includes displaying an informative poster in a conspicuous place and providing direct information to employees as needed.

Another key obligation is maintaining an employee’s health benefits during FMLA leave. Employers must continue to provide health insurance coverage under the same terms and conditions as if the employee had not taken leave. If an employee contributes to the cost of their health insurance, they must continue to pay their portion during the leave period.

Upon the employee’s return from FMLA leave, employers are obligated to restore the employee to the same or an equivalent job with equivalent pay, benefits, and other employment terms. This reinstatement is a cornerstone of the FMLA, ensuring that employees can return to their careers without penalty for taking leave.

The Certification Process

Regarding the certification process, employers are allowed to request medical certification for FMLA leave due to a serious health condition of the employee or the employee’s family member. The certification may include confirmation of the need for leave, the expected duration, and other relevant medical facts. Employers must provide employees with at least 15 calendar days to obtain the medical certification.

Employers may also require a fitness-for-duty certification before the employee returns to work from FMLA leave taken for their own serious health condition. However, employers must inform employees of this requirement in advance.

The FMLA establishes a balanced framework of rights and responsibilities, ensuring that employees can take necessary leave without fear of losing their jobs or health insurance benefits while also providing clear guidelines for employers to manage this leave. The Act’s provisions around job protection, health benefits, notice requirements, and the certification process play a crucial role in making the FMLA a practical and fair piece of legislation.

Limitations and Exceptions of The FMLA

While the Family and Medical Leave Act (FMLA) provides critical rights to employees, it also has certain limitations and exceptions that are important to understand. These nuances ensure the law is applied fairly and in a manner that balances the needs of both employees and employers.

Limitations of FMLA Leave

One key limitation of the FMLA is that the leave is generally unpaid. While the Act protects an employee’s job and health benefits during leave, it does not require employers to pay employees during this time. However, employees may choose, or employers may require them to use accrued paid leave (such as vacation or sick leave) to cover some or all of the FMLA leave period.

Another limitation is the total amount of leave time available. The FMLA allows for up to 12 weeks of leave in a 12-month period for most qualifying reasons. Military caregiver leave extends up to 26 weeks but only within a single 12-month period. Once an employee exhausts their FMLA leave, they no longer have FMLA protections for additional leave time within those 12 months.

Exceptions to FMLA Provisions

There are also exceptions where employers may lawfully deny FMLA leave. If an employee fails to provide the required notice for foreseeable FMLA leave or fails to provide proper certification requested by the employer, the employer may have grounds to deny the leave.

Additionally, certain high-ranking, salaried employees (key employees) may be denied job restoration if their absence would cause substantial and grievous economic harm to the employer’s operations. However, employers must notify the employee of their key employee status and the potential consequences of taking FMLA leave.

FMLA’s Interaction with Other Laws

The FMLA often interacts with other federal and state laws. For instance, FMLA leave may run concurrently with leave under the Americans with Disabilities Act (ADA) or workers’ compensation laws. Furthermore, state laws may provide additional leave rights. In cases where state and federal laws overlap, the employer must comply with the law that provides greater benefits or rights to the employee.

Final Considerations Concerning the Significance of The FMLA for Families and Employers

The FMLA offers critical protections for employees needing to take leave for legitimate family and medical reasons, setting clear guidelines for both employees and employers. Understanding the types of leave covered, eligibility requirements, employee rights, employer obligations, and the limitations and exceptions of the FMLA is essential for fair and lawful application of the Act.

Both employees and employers need to be aware of their rights and responsibilities under the FMLA to ensure compliance and to foster a fair work environment. Given the complexities of the FMLA and its interaction with other laws, seeking additional information or legal advice is advisable for specific questions or unique situations related to FMLA leave. Staying informed and seeking professional guidance can help navigate the nuances of the FMLA, ensuring its benefits are fully realized and its provisions are correctly applied.

Speak To Our Illinois Family and Medical Leave Act Lawyers Today

Are you in need of legal assistance in Illinois? Contact our Chicago Family And Medical Leave Act attorneys today to apprise you of your important legal rights. Our firm’s founder, Attorney Joshua McCann, has over 30 years of legal experience and can address any Illinois employment law questions you have. Call us today for exceptional legal assistance!

Unionizing, a process where employees unite to form a collective organization to advocate for their rights and interests, has long been a cornerstone of labor relations. Unions in the workplace are instrumental in negotiating better pay, safer working conditions, and more equitable employment practices. In Illinois, as in many states across the U.S., unionizing is highly relevant due to the state’s diverse workforce and significant industrial presence.

Our goal in this article is to explain the legal landscape surrounding the efforts to organize a union in Illinois. With a focus on the protections and limitations that govern such activities, this exploration is critical for employees who are considering unionization as a means to improve their working conditions and rights. By understanding the legal framework, employees can navigate this complex process more effectively, ensuring their actions remain within the bounds of the law and their rights are fully protected.

Understanding the Legal Framework

The legal foundation for unionizing in the United States is primarily established by the National Labor Relations Act (NLRA). The NLRA, a cornerstone of labor law since its enactment in 1935, protects the rights of employees to organize unions, engage in collective bargaining, and participate in concerted activities for mutual aid or protection. In Illinois, the NLRA’s provisions are fully applicable, providing a framework that governs employer-employee relations in the context of union activities.

Illinois state laws also play a role in this arena, often complementing or enhancing the protections offered by the NLRA. For instance, specific state-level statutes may provide additional safeguards against unfair labor practices, especially in sectors not fully covered by federal laws. These state laws can be pivotal when federal protections are limited or unclear.

On November 8, 2022, voters in Illinois voted in favor of Amendment 1 to the Illinois Constitution, securing a comprehensive right to collective bargaining for workers. Initially adopted as a proposed amendment by the Illinois State Legislature on May 26, 2021, it garnered 58 percent approval, with over 2.1 million votes cast in support.

Recognizing specific rights associated with union organizing is central to understanding this legal framework. Under the NLRA, employees have the right to form, join, or assist a union, bargain collectively through representatives of their own choosing, and engage in other concerted activities for their mutual aid and protection. This includes the right to discuss unionization with colleagues, distribute union literature, and participate in union meetings outside of work hours. Notably, the Act prohibits employers from interfering with, restraining, or coercing employees in exercising these rights.

The NLRA, supported by Illinois state laws, provides a robust legal framework that empowers employees to organize unions. Understanding these laws is essential for any employee contemplating unionization, as it outlines their rights and delineates the boundaries within which they must operate. As we delve further into this topic, we will explore the specific protections against unfair dismissal, the challenges and limitations of union organizing, and the avenues available for seeking assistance and legal recourse.

Protections Against Unfair Dismissal

The fear of dismissal is a significant concern for many employees considering unionizing. However, the National Labor Relations Act (NLRA) provides substantial protections to employees engaged in union organizing, safeguarding them against unfair dismissal or retaliation by employers. Understanding these protections is crucial for employees as they navigate the complexities of unionization.

Protections Offered by The NLRA

The NLRA categorically prohibits employers from firing, demoting, or penalizing employees for participating in union activities. This protection is a cornerstone of the Act, ensuring that employees can exercise their right to organize without fear of retribution. The law recognizes that the ability to form or join a union is integral to collective bargaining and improving working conditions. As such, any attempt by an employer to discourage union activities through threats or actual dismissal is considered an unfair labor practice under the NLRA.

Examples of Unlawful Employer Practices

Unlawful employer practices can take various forms, but they typically involve actions that intimidate or coerce employees against participating in union activities. Examples include:

–  Threatening employees with loss of jobs or benefits if they join or vote for a union.

–   Disciplining or terminating employees because they have joined or are actively supporting a union.

–   Interfering with, restraining, or coercing employees in the exercise of their rights related to organizing, forming, joining, or assisting a union.

These actions are illegal under the NLRA, and employers engaging in such practices can be subject to legal penalties.

Steps to Take if Unfairly Dismissed for Union-Related Activities

If an employee believes they have been unfairly dismissed or penalized for their involvement in union activities, there are specific steps they can take:

1. Document the Incident – Keep detailed records of any incidents or conversations that led to the dismissal or punishment. This information can be crucial in any legal proceedings.

2. Report the Unfair Practice – The employee should file a complaint with the National Labor Relations Board (NLRB). The NLRB is the federal agency responsible for enforcing the NLRA and has the authority to investigate claims of unfair labor practices.

3. Seek Legal Advice – It is advisable to consult with a labor law attorney or a union representative. They can provide guidance on the legal process and assist in preparing a case for the NLRB.

4. Cooperate with the NLRB Investigation – If the NLRB determines that there is merit to the complaint, they will investigate the matter. The employee will need to provide evidence and possibly testify about their experience.

5. Remedies – If the NLRB finds that the employer has engaged in unfair labor practices, the Board may order remedies such as reinstatement of the employee, back pay, and reversal of any disciplinary action taken.

The NLRA provides strong protections to employees against unfair dismissal or retaliation due to union organizing activities. Employees should be aware of their rights and the steps to take if they face unfair treatment. By following the proper legal channels and seeking appropriate assistance, employees can uphold their rights and challenge unlawful employer practices.

Challenges and Limitations in Union Organizing

Organizing a union is an empowering step for employees, but it’s not without its challenges and limitations. While the National Labor Relations Act (NLRA) provides protections, employees in Illinois and elsewhere often face practical hurdles in their journey toward unionization. Understanding these challenges and the legal boundaries is essential for a successful and lawful union organizing campaign.

Practical Challenges in Union Organizing

One of the primary challenges is fear and apprehension among employees. Despite legal protections, the fear of retaliation or job loss can deter individuals from participating openly in union activities. A lack of information or misunderstandings about the rights and protections under the NLRA often exacerbates this fear.

Another challenge is the potential for division among employees. Union organizing efforts can sometimes create a divide in the workplace, with employees having differing opinions about the benefits or drawbacks of forming a union. Navigating these interpersonal dynamics requires careful communication and education to ensure all employees understand their rights and the potential benefits of unionization.

Legal Limitations and Boundaries

While the NLRA protects employees’ rights to organize, there are legal boundaries within which this must occur. For instance, while employees can discuss union matters during breaks or in non-work areas, they generally cannot do so during work hours if it disrupts productivity. Additionally, while employees can distribute union literature, this activity may be restricted to non-work areas and times.

It’s also important for employees to understand the distinction between lawful organizing activities and actions that could be construed as coercive or disruptive, which may not be protected under the NLRA. Adhering to these legal nuances is crucial to ensure that the organizing activities remain lawful and protected.

Employer Communications: Legal vs. Illegal Persuasion or Coercion

Employers in Illinois can legally communicate their views about unionization, provided they do not cross the line with coercion or unlawful persuasion. The NLRA prohibits employers from interfering with, restraining, or coercing employees in exercising their rights. This means that while employers can express their opinions against unionization, they cannot threaten employees with adverse consequences for supporting a union.

For example, employers cannot threaten to close the workplace, cut benefits, or reduce pay if a union is formed. Such actions would be considered unlawful intimidation. On the other hand, employers can lawfully share factual information about unionization, including potential costs and changes in workplace dynamics, as long as it is done without threats or coercion.

While organizing a union is a right protected by law, it comes with its own set of practical challenges and legal limitations. Employees must navigate these carefully, staying informed about their rights and the boundaries of lawful organizing. Understanding the difference between legal employer communications and illegal coercion is also key to successfully navigating the complexities of union organizing. Being aware of these factors can empower employees to advocate for their rights effectively and within the bounds of the law.

Seeking Assistance and Legal Recourse

Navigating the complexities of union organizing in Illinois can be daunting, and knowing where to seek assistance is crucial for employees. Legal recourse and professional guidance provide a safety net for employees during this process.

Where and How to Seek Assistance

Employees should consider contacting the National Labor Relations Board (NLRB) for assistance. The NLRB is the federal agency responsible for enforcing labor laws in the United States, including those related to union organizing and unfair labor practices. They offer resources and guidance on the legal aspects of unionizing and can help clarify any confusion about rights and responsibilities under the NLRA.

Legal counsel specializing in labor law is another valuable resource. A knowledgeable attorney can offer personalized advice and representation, ensuring that employees’ actions comply with legal standards and that their rights are protected. Unions themselves often have legal resources and experienced organizers who can assist employees in navigating the unionization process.

Filing Complaints or Charges Against Employers

Employees who believe their employer has violated their rights under the NLRA can file a complaint with the NLRB. The process involves submitting a charge against the employer, detailing the alleged unfair labor practices. The NLRB will then investigate the complaint, and if they find merit, they may pursue legal action against the employer or seek a settlement.

Employees need to document any incidents they believe constitute unfair labor practices. This documentation should include dates, times, locations, witnesses, and a detailed description of the events. This information will be crucial during the NLRB’s investigation.

Protecting Themselves Legally While Organizing

Employees should educate themselves about their rights under the NLRA and adhere strictly to legal guidelines during union organizing activities. Keeping union-related discussions and activities within the bounds of non-work time and areas is crucial. Maintaining professionalism and respect in all communications can also help mitigate potential conflicts.

A Final Word About Organizing Unions in Illinois

Understanding one’s rights and legal protections is paramount when considering organizing a union in Illinois. The NLRA provides substantial protections to employees, but being aware of the practical challenges and legal limitations is equally essential. Seeking assistance from the NLRB, obtaining legal counsel, and utilizing union resources can guide employees through this process.

Employees are encouraged to stay informed about their rights and to seek professional advice when needed. The journey of union organizing has its challenges, but with the right knowledge and support, employees can navigate these challenges effectively. By understanding their legal rights and utilizing available resources, employees can advocate for their interests and contribute to a fair and equitable workplace.

Speak To Our Illinois Employment Lawyers Today

Are you in need of legal assistance in Illinois? Contact our Illinois employment lawyers today to apprise you of your important legal rights. Our firm’s founder, Attorney Joshua McCann, has over 30 years of legal experience and can address any Illinois employment law questions you have. Call us today for exceptional legal assistance!

When we start a new job, most of us do not ever think that we could be discriminated against at work. But all too often, many people in Illinois are discriminated against at work because of their sex, gender identity, age, race, and more. If that happened to you recently, you should speak to our discrimination lawyers in Chicago about legal options. At Law Offices of Joshua D. McCann, LTD, our discrimination lawyers understand your suffering and stress and can hold your employer accountable for their actions.

How Does the Illinois Human Rights Act Prohibit Discrimination?

The Illinois Human Rights Act prohibits discrimination based on several protected classes, including color, race, religion, sex, national origin, age, ancestry, sexual orientation, marriage, and disability. The Act also makes it illegal for an employer to discriminate against you because of your citizenship status, pregnancy, or arrest record.

Examples of Workplace Discrimination

There are many possible examples of workplace discrimination. The following are some of the most common types that are intolerable in Illinois and nationally:

• Age discrimination: Not employing someone because they are more than 40.
• Disability discrimination: Not giving reasonable accommodations to an employee with a disability that would let her work and would not impose a hardship on the employer.
• Sex and gender discrimination: Paying a female worker less than a male worker for the same work.
• Sexual orientation discrimination: Denying someone fair treatment because of their sexual orientation.
• Racial discrimination: Making insulting or harassing remarks about an employee because of their race.
• Pregnancy discrimination: Firing or laying off an employee because she is pregnant.
• Religious discrimination: Not allowing a worker to swap shifts so they can celebrate their religious holiday.
• Another type of discrimination under the Act is denying someone reasonable accommodation when the employer must provide one. Some examples are:
• If you have a vision disability, it is reasonable to ask the employer to provide company documents in large print so you can read them. If the company does not, it could be employment discrimination.
• If your religion requires you to pray at 11 a.m. every day, you could ask your employer to give you a break instead of noon.
• If you use a walker, a reasonable accommodation could be to give you a parking space near the company entrance.

If you think you have been discriminated against at work, you can contact the Illinois Department of Human Rights. Your employment attorney in Chicago can advise you about filing a claim.

What Compensation Can You Receive In A Workplace Discrimination Case?

You could receive some or all of the following types of compensation in a workplace discrimination claim:

• Back pay
• Lost future earnings
• Lost benefits
• Damages for emotional distress
• Punitive damages
• Attorneys’ fees

Speak to Our Discrimination Lawyers in Chicago

If you were discriminated against at work, you need a litigator working for you, not a negotiator. Law Offices of Joshua D. McCann, LTD will fight for every dollar of compensation for you and will not settle for the bare minimum. If you have questions about a discrimination case, contact one of our discrimination lawyers in Chicago by calling us.

There was a time when children could be employed without restrictions in Illinois and across the country, but that has not been the case for decades. There are several important child labor laws in Illinois to be aware of, outlined below. If you have questions about Illinois child labor laws, speak to one of our knowledgeable Chicago employment law attorneys at Law Offices of Joshua D. McCann, LTD.

What Are Child Labor Age Restrictions In Illinois?

One of the most critical labor laws in Illinois is regarding work age restrictions. Children under 16 cannot work in mechanical or manufacturing operations and processes. They also are not allowed to work in building work or on scaffolding. Those who are under 16 also may not use a motor vehicle or do work in a mine or quarry.

Furthermore, those under 16 cannot work hazardous jobs that can affect their morals or health. They also cannot be employed in gas stations, on railroads, or in many manufacturing and construction jobs. They also are not allowed to handle or serve alcohol or do work in bowling alleys or amusement parks.

However, children under 16 can bus tables and assist in the kitchen to serve food at private clubs and fraternal organizations. If you need clarification on whether a job is legal for someone under 16 to perform, speak to Law Offices of Joshua D. McCann, LTD.

What Times And Hours Can Children Work In Illinois?

There also are laws in Illinois detailing the hours and times of day minors can work. First, those under 16 may work up to eight hours a day, and they also can work six straight days per week. They are also permitted to work up to 48 hours a week.

However, children under 16 can work up to three hours daily when they have school. They can also work up to 24 hours a week when they have school. Minors can work on Saturdays and Sundays up to eight hours per day if they are not working outside of school over six days per week and if their work is at most 24 hours a week.

Illinois law also limits minors working at night and how long they may work between their breaks. However, minors are allowed to work some additional hours on their summer breaks.

Employment Documents Are Required For Minors

The state also mandates that all minors under 16 have an employment document valid for up to a year. This employment certificate is issued by the district superintendent where the child goes to school. The child must apply for the employment certificate, and a parent or guardian must accompany them. The employment must provide a statement of intention about the kind of work, hours, and days per week the minor will work. The employer must keep the employment document as long as the minor is employed there.

Speak To Our Chicago Employment Law Attorney Today

Minors can work in Illinois, but there are many rules and restrictions under the Illinois Child Labor Law (820 ILCS 205/1). If you have questions, speak to our Chicago employment law attorneys today by calling us. Our attorneys can apprise you of your rights and obligations under Illinois child labor laws. Attorney Joshua McCann has more than 30 years of legal experience and can address any Illinois employment law questions you have.

Being pregnant is often one of the most joyous times of life. But that joy can be tempered if you face discrimination in the workplace for being pregnant or taking maternity or parental leave. Fortunately, state and federal laws prohibit pregnancy discrimination, such as the Illinois Pregnancy Leave Act.

If you believe you were discriminated against because of pregnancy, our Schaumburg employment law attorney at the Law Offices of Joshua D. McCann, LTD shares your outrage. Contact our law office today to discuss your potential pregnancy discrimination case at (847) 450-1103.

Illinois Pregnancy Leave Act Overview

The Illinois Human Rights Act offers solid protections for Illinois residents against discrimination according to someone’s current pregnancy, past pregnancy, or intended pregnancy. You also are protected against discrimination based on pregnancy-related medical conditions. Furthermore, reproductive health decisions that stem from pregnancy, including abortion, contraception, or fertility care, are also protected.

The Act also prohibits harassment based on your pregnancy, childbirth, or pregnancy-related medical condition. Actionable harassment on the job, in housing, or public accommodation happens when there is unwelcome conduct that is problematic enough that it changes the conditions of your employment, housing, or use of public accommodations. These are severe types of harassment and you have the right to take legal action.

Examples Of Pregnancy-Related Discrimination

Regarding the workplace, there are many potential examples of discrimination based on pregnancy and related medical conditions:

• Your employer denies you the time you requested to go to your OB-GYN for a pregnancy checkup. Or your employer will not allow you to have time off for your fertility appointments.
• Forcing a pregnant worker to take leave when there is no medically necessary reason.
• Threatening a pregnant worker with being fired if they do not end their pregnancy.
• Not promoting a pregnant worker because they are expecting soon.
• Not promoting a non-pregnant worker because the employer believes they will soon become pregnant.
• Retaliation against a worker because they complained about pregnancy discrimination

How A Pregnancy Discrimination Attorney Can Help You

When you suffer discrimination because of pregnancy, you may be able to file a pregnancy discrimination lawsuit. With the help of your attorney, you could enjoy a successful outcome to your case and be entitled to some or all of these damages:

• Front pay
• Back pay
• Lost job benefits
• Pain and suffering
• Reinstatement
• Strain in your marriage
• Legal fees

Also, the type of damages you receive in your claim can depend on whether you file an action under state or federal law. For example, you could only be entitled to noneconomic damages by filing a federal pregnancy discrimination lawsuit.

Speak To Our Schaumburg Employment Law Attorney Today

All Illinois residents have the right to be free of discrimination according to pregnancy, pregnancy-related conditions, and childbirth. If you believe you have faced such discrimination, you could be entitled to compensation in a discrimination lawsuit.

The Schaumburg employment law attorneys at the Law Offices of Joshua McCann can review the evidence and determine if your case has merit. Contact our pregnancy discrimination attorneys today at (847) 450-1103. Mr. Joshua McCann has decades of experience fighting discrimination against his clients and will work to achieve the best outcome for your case.

There are some parts of our lives that we have no control over, and age is one of them. So if you are discriminated against in the workplace because of your age, it can be devastating because it is part of who you are that cannot be changed.

At the Law Offices of Joshua D. McCann, LTD, our Illinois age discrimination lawyers understand how outrageous it can feel to be discriminated against because of your age. Robust state and federal laws protect you from age discrimination, and you have legal options if you can prove your case.

What Is Age Discrimination?

Age discrimination is any adverse action taken against a worker or applicant based on age. Discrimination based on age may be direct or indirect. For example, your employer could act against you because of your age, which is direct discrimination. Or, it could implement a company practice that adversely affects workers over 40, which is indirect age discrimination. Some common examples of age discrimination in the workplace are

• Not hiring a worker because they are too old
• Not promoting an employee because they will retire in a few years
• Terminating an employee because of their age
• Targeting workers over 40 for layoffs
• Forcing workers to take an early retirement
• Not providing an employee with a desirable project because of their age
• Making comments at work about an employee’s age
• An employee must be at least 30 for state and federal discrimination laws to apply. Laws that protect you from age discrimination are:
• Illinois Human Rights Act (IHRA), which protects you from being discriminated against at work because of age. Under this law, employers may not act adversely against workers because they are 40 or older. Employers also cannot discriminate against a job applicant because of age.
• Age Discrimination in Employment Act of 1967 (ADEA), is a federal law that protects workers in the US from discrimination in hiring based on age. It applies to employers with at least 20 workers.

How Do You Prove Age Discrimination?

To establish that you were discriminated against because of your age, you and your attorney may need to prove some or all of the following:

• You are 40 years or older.
• That your employer replaced you with another worker because they are younger than you.
• A work policy was implemented that affected or targeted older workers.
• Younger workers with similar capabilities received preferable treatment, promotions, or assignments.
• When the discrimination occurred, you were doing your job well.

Retaining an experienced age discrimination attorney is essential to proving your claim. Your attorney has the resources, experience, and skill to uncover evidence that could entitle you to compensation.

Our Illinois Age Discrimination Lawyers Will Protect Your Rights

The Law Offices of Joshua McCann possesses extensive legal expertise and trial experience in age discrimination cases. If you believe you faced age discrimination at work, our attorneys will work tirelessly to prove the allegations and compensate you.

Contact our Illinois age discrimination lawyers today for a consultation by calling (847) 450-1103. Mr. Smith has 30 years of legal experience and is focused exclusively on fighting for his client’s legal rights.

The Illinois Department of Labor states that Illinois is an at-will employment state, meaning that your employer can terminate you for any reason. However, this does not mean they can fire you because they do not like your race, sex, color, religion, place of origin, or marital status. Terminating an employee for belonging to a protected class is against the law. Learn about wrongful termination below, and then our wrongful discrimination lawyer in Schaumburg can address your specific questions.

What Are The Most Common Wrongful Termination Claims?

Not every termination at work is illegal because employers have considerable latitude when they make hiring decisions. You probably do not have a wrongful termination case if your company fires you for a criminal offense even if you did not do it, or if the firm lets you go simply because of personality differences.

Instead, many wrongful termination cases in Illinois involve discrimination against protected classes mentioned earlier. If, for example, you think you were fired because of your color, this violates state and federal laws and is a serious matter.

Another common form of workplace discrimination is retaliation. This is where your employer retaliates against you for doing something it did not like, such as applying for workers’ compensation. It also is not unusual for someone to be wrongfully terminated for rebuffing the sexual advances of a manager.

A wrongful termination case also could involve a violation of public policy, such as a worker blowing the whistle on illegal activity on the job or filing an EEOC claim. Some wrongful termination claims also relate to breach of contract issues. If you have a contract with your company, you may not be an at-will employee, so there could be terms in the contract that mean you cannot be fired.

Statute Of Limitations For A Wrongful Termination Case In Illinois

Illinois has various statutes of limitation for different kinds of employment claims. For wrongful termination, the statute of limitations for a written contract is 10 years, and five years for an oral contract. For retaliatory discharge, the statute of limitations is five years. Also, you have three years to make an unpaid wages claim.

Wrongful Termination Is Difficult To Prove, So Hire An Attorney

Wrongful termination is challenging to prove because Illinois is an at-will state. It also can be hard to collect enough evidence to support your claim. For example, many wrongful termination cases hinge on what you and your employer said in a closed-door meeting. It is challenging to successfully represent yourself in a wrongful termination case because convincing evidence is difficult to obtain. Your attorney will know the best evidence to gather to support your claim and may even be able to help you collect it.

Speak To Our Wrongful Discrimination Lawyer In Schaumburg Today

Illinois is an at-will employment state, so a company can fire you without a cause or reason. However, it cannot discriminate against you based on color, race, sex, religion, national origin, marital status, etc. You could have a valid wrongful termination case if you suspect that happened. Contact our wrongful discrimination lawyer in Schaumburg at Law Offices of Joshua D. McCann, LTD for help at (847) 450-1103 for a consultation.

It is not unusual for single mothers to suffer workplace discrimination, and it can lead to considerable stress, suffering, and financial turmoil if it happens to you. However, there are state and federal laws that give you the ability to fight back. Learn about workplace discrimination in this article, and talk to our Schaumburg workplace discrimination lawyer at Law Offices of Joshua D. McCann, LTD if you require additional information.

The Illinois Human Rights Act And Employment Discrimination

One of the key discrimination protections in Illinois is offered by the Illinois Human Rights Act. The Act bans discrimination in several areas, including employment, housing transactions, access to credit, and public accommodations. The Human Rights Act also outlaws sexual harassment and retaliation in work and of students in any educational institution in the state.

Additionally, the Act bans discrimination based on many protected classes. These include:

• Sex
• Race
• Color
• Religion
• National origin
• Age
• Marital status
• Order of protection status
•  Military status
• Conviction record

The law also outlaws discrimination based on pregnancy, legal status, and arrest record in job-related matters. Some of the protections offered in employment include:

• Hiring
• Firing
• Harassment
• Layoff
• Demotion
• Promotion
• Pay
• Tenure
• Terms and conditions of employment
• Performance evaluation
• Transfer pay

For example, it is common for companies to discriminate against single women with children because they may need more time off of work. A single mother could notice she did not receive the expected promotion. Instead, the promotion went to a younger woman without children. Is this discrimination? Not necessarily, but it is possible and should be investigated.

How Do You Know If A Job-Related Problem Is Illegal Discrimination?

One way that may suggest illegal discrimination occurred is to compare how people in various protected classes were treated at work. For instance, if you find out you, a single mother, received disciplinary action at work but someone not in a protected class did the same thing, it could be illegal discrimination.

However, the Act requires you to prove that you suffered an adverse employment action because of your protected status, such as being a single mother. Proof of causation can be obtained by either direct or circumstantial evidence. Causation will require a legal analysis by a skilled workplace discrimination lawyer.

Employers in Illinois understand it is illegal to discriminate against someone in a protected class. So, they will usually provide a nondiscriminatory reason for their actions. Proving that the employer acted illegally and discriminatorily against you is not easy and requires the help of an experienced attorney. If you think you were fired unlawfully or disciplined at work because you are in a protected class, talk to one of our workplace discrimination attorneys today.

Where You Can Report Workplace Discrimination

You can report alleged workplace discrimination to the Illinois Department of Human Rights or the Equal Employment Opportunity Commission. However, you must file the charge within 300 days of the alleged discriminatory act.

Speak To A Schaumburg Workplace Discrimination Lawyer

If you are a single mother in Schaumburg and suspect you were discriminated against at work, you do not have to tolerate it. You could have legal options, so contact our Schaumburg workplace discrimination lawyer at Law Offices of Joshua D. McCann, LTD or call us at (847) 450-1103 for a consultation.

Being fired for any reason is unpleasant and may seem unfair. But if you are fired for engaging in activities protected by the law, discharging you is illegal. Learn more about retaliatory discharge settlements in this article, and if you have questions, speak to our Aurora retaliatory discharge lawyer now.

Retaliatory Discharge Lawsuit Overview

The Illinois Workers’ Compensation Act states that it is unlawful for an employer to coerce, discriminate against, refuse to recall or rehire, harass, fire, or threaten to hire a worker in retaliation for filing for workers’ compensation. If your employer fires you or forces you to resign, you could be eligible to file a retaliatory discharge lawsuit. You could receive some or all of these monetary damages:

• Back pay
• Future lost earnings
• Attorney’s fees
• Mental anguish
• Punitive damages

Unlike a workers’ compensation award, there is no limit on how much money you can receive in a retaliatory discharge settlement. Your attorney will review your case and damages and attempt to get you the highest amount possible. For instance, a 2016 retaliatory discharge case resulted in a $2 million award that the Illinois Appellate Court affirmed. The case was Crowley v. Watson, et al., 2016 IL App (1st) 142847 (3/2/2016).

How to Prove Retaliatory Discharge in Illinois

In this state, retaliatory discharge is a common-law tort. This means it is not in any statute. To prove your retaliatory discharge case, you must prove these elements:

• That the discharge was in retaliation for specific actions you took.
• That the discharge violates company and public policy.

How Can an Employer Retaliate Against You?

The US Equal Opportunity Commission (EEOC) does not allow employers to punish employees and job applicants for asserting certain rights related to discrimination. Some activities that are retaliation in the eyes of the EEOC are:

• Reprimand employees for no reason
• Engage in verbal or physical abuse
• Makes work hard for you
• Threatens you with termination and then fires you
• Increases scrutiny on you for no reason
• Moves you to a less desirable role in the company

Usually, an employer does not need to provide reasoning for firing you. But if they are accused of retaliatory discharge, they must prove that firing you was not retaliation. For example, they could prove that you had poor work performance, misbehaved, or were let go for non-protected reasons.

The Illinois Whistleblower Act protects employees who expose illicit employer conduct to government officials, you have to hire an attorney for a retaliatory discharge claim. Your attorney is well-versed in state and federal laws in this area and will help you protect your rights.

Contact Our Aurora Retaliatory Discharge Lawyer Today

Do you suspect that you were a victim of retaliatory discharge? This is not just unfair: It is illegal. But with the help of a skilled employment lawyer, you could receive compensation for your losses. Our Aurora retaliatory discharge lawyer at Law Offices of Joshua D. McCann, LTD can help, so please call (847) 450-1103 for more information. We have years of experience in retaliatory discharge cases and will fight for the most favorable outcome.

When you are employed in Illinois, you are entitled to certain legal rights. But your rights may be overlooked when employers put profits over their employees. Fortunately, state and federal employment laws are created to safeguard employees and protect them from harm from employers. In this article, learn about employment-related claims our attorneys handle. If you have a potential case related to employment law, our Chicago employment lawyer at Law Offices of Joshua D. McCann, LTD can handle the matter promptly.

Employment Discrimination

Suppose you have been working at your Chicago employer for years, and suddenly you notice a serious change in how you are treated. You think you might be discriminated against. Several federal laws prohibit job-related discrimination, including:

• Title VII of the Civil Rights Act of 1964
• Equal Pay Act of 1963
• Age Discrimination in Employment Act of 1967
• Americans With Disabilities Act of 1990

Family and Medical Leave Act (FMLA)

Many Americans suffer from medical conditions that affect how they do their jobs. The federal Family and Medical Leave Act was enacted to assist Illinois and nationwide employees in this situation. Some of these workers have medical conditions requiring special accommodations at work, while others may need extra time to care for themselves or loved ones.

The FMLA states that eligible employees of covered employers can take unpaid leave and have their jobs protected for specific situations involving family and medical conditions. You can take up to 12 work weeks off in one year for various reasons, including medical care, childbirth, caring for someone who is ill, and more.

Prerequisite Administrative Filings

Many employees who come to our Chicago legal office do not know that they must file an administrative complaint before filing an employment discrimination lawsuit.

Depending on the situation, you must file a claim with the Illinois Department of Human Rights or the US Equal Employment Opportunity Commission. Our attorneys understand the procedural rules for filing discrimination allegations with either agency.

Retaliatory Discharge And Wrongful Termination

If you were fired for any reason, it may seem unfair, whatever the circumstances. But if you were fired for engaging in legally-protected activities, it is illegal. Retaliatory discharge is a form of wrongful termination and can happen in any company.

Our attorneys have seen many cases where workers were fired after they were hurt and intended to file worker’s compensation. Some employers will let employees go in this situation because claims raise the employer’s workers’ compensation insurance premiums. This type of discharge is illegal, and our attorneys have a strong record holding these types of employers accountable for their actions.

Going to Court

One of the most significant obstacles to bringing an employment-related claim to court is having sufficient evidence. There may not be direct evidence that you were discriminated against, but our attorneys can use the civil discovery process to investigate your workplace conditions for contradictions and inconsistencies that may undermine the reasons your employer offered.

Contact Our Chicago Employment Lawyer Today

If you have legal problems related to employment, you may be eligible to file a claim or lawsuit, depending on the circumstances. Contact our Chicago employment lawyer at Law Offices of Joshua D. McCann, LTD (847) 450-1103 for a consultation.