FREQUENTLY ASKED QUESTIONS ABOUT EMPLOYMENT LAW
What kind of employment cases do you handle?
I represent employees who are the victims of unlawful discrimination based on race, gender, sexual orientation, pregnancy, age, disability. I also represent employees who are victims of unlawful retaliation and victims of sexual harassment. I represent employees in front of the Illinois Human Rights Commission, EEOC and in federal court.
My Employer is not treating me fairly. Can I sue?
It depends. The law does not require that your employer be fair to everyone. The law does not require the employer to be kind and considerate. Generally, Illinois is an employment at-will state. An employer can fire an employee for any reason or no reason, as long as it is not an illegal reason. What an employer cannot do is treat you differently based on race, gender, disability, sexual orientation, pregnancy, or age. An employer cannot fire you because you filed a worker’s compensation case and cannot fire you for reporting unlawful activity to government agencies.
How long do you have to file a claim?
There are different time limitations based on the type of claim being brought. Often, an employee will have more than one type of claim. Some of the statute of limitations will be only 300 days. Many types of employment cases have the unique requirement that you file a claim with either the Illinois Department of Human Rights or the EEOC before you can bring a lawsuit. It takes time to gather your information and file your claim. Therefore, you should not delay in contacting a lawyer.
My employer is discriminating against me and making work unbearable, should I just quit?
The decision to quit your employment involves many different considerations. If you are considering filing a lawsuit, however, you should make a complaint about the discriminatory conduct to Human Resources or a Manager. In fact, if you are being harassed or discriminated against by someone who is not a manager, you may lose your right to bring a lawsuit if you do not make a complaint about the unlawful conduct. The law requires that employees provide notice to their employers about the unlawful conduct so that the employer has the opportunity to remedy the situation. There are exceptions, such as when the harassment is being conducted by a manger, but generally you should always report the conduct whenever possible.