Answers Posted By Aaron Maduff

Answer to No severance because of job offer

No severance because of job offer

As a general rule, employment in Illinois is "at-will". This means that you can be fired at any time without a reason. There is no requirement that they offer you severance -- although they usually get you to waive various rights if they do. So as a legal matter, they can do it. HOWEVER, this is the kind of case that a lawyer will often negotiate with the employer. We as well as other attorneys would contact the employer and try to work out a resolution. In these kinds of cases, employers are generally not looking to make someone's liffe difficult, but rather to maintain some kind of process and incentive for people to do what they want. I would hope that the result would be that they would provide you with the severance or some similar compensation.
Aaron Maduff

posted Aug 5, 2002 09:58 AM [EST]

Answer to Non Compete

Non-compete with general contractor

There are several issue which are relevant here. It may be that 500 miles and five years is too broad thereby making the agreement invalid. In addition there may be a question as to whether you got anything for it, although generally continued employment will be considered consideration. Unfortunately, what this comes down to is that I really would need more information.

posted Jul 25, 2002 10:36 AM [EST]

Answer to Discrimination

Discrimination, no but defamation?

Unfortunately, on the information you have provided, there is nothing that indicates to me that there is discrimination. On the other hand, if the reason you didn't get the job back is because of what this employee said and if it is not true that you walked off a prior job, you may have a claim for defamation.

posted Jul 3, 2002 5:32 PM [EST]

Answer to Work Humiliation

Work Humiliation

It really depends on the facts. What kind of humiliation, and what is the motivation for it.
Aaron Maduff

posted Jun 16, 2002 2:06 PM [EST]

Answer to fired for no reason

Fired for no reason

In Illinois, employment is at will. This means that you can quit at any time for any reason or no reason at all, and YES an employer can terminate your employment at any time for almost any reason or FOR NO REASON AT ALL. The key is that the employer cannot terminate your employment for illegal reasons such as discrimination. Though the information you provided does indicate that something "fishy" is going on, it does not indicate discrimination. You have stated that you cannot prove discrimination, but that you think discrimination is the reason. It is possible that after filing with the EEOC, enough information may result from their investigation that discrimination can be proven. However, you have provided no information here to permit any attorney to begin to evaluate your claim. There is much information that is missing. Specifically, why do you believe that discrimination is the reason? On what basis (gender, race, religion, etc.) Are there any other employees or bartenders of the same (gender, race religion, etc.) as you? All of this information is necessary to properly evaluate a case.
Aaron Maduff

posted Jun 12, 2002 3:43 PM [EST]

Answer to What are the consequences?

The consequences in Georgia

There are certainly a lot of facets to your situation. Your primary concern needs to be deciding what it is you want to accomplish and then looking for the right means to get there. While you have identified a few theories of damages, you are struggling with the issue of liability. And part of what makes that difficult is determining what your state of employment is as you ask in your first question. But let me try to take those questions seriatum.
1) If you have not been formally terminated, then technically you are still employed (unless you have given notice that you are quitting). What that means is a different issue and the scope of your employment depends on the offer made to you. (i.e. should you be receiving a salary; should they be sending you work; and what is the basis for your pay -- what do you have to do to get paid.)
2) If you have earned wages that have not been paid, you are entitled to them. If Illinois law controls, the Illinois Minimum Wage Act entitles you to them. Under the Federal Fair Labor Standards Act you will also have a claim. Not being licensed in Georgia and not being familiar with the state laws there, if Georgia law applies, I would assume that there is some law, but I cannot identify it. (However, if we need to, I can certainly identify someone in Georgia who can.)
3) If there is liability, your relocation expenses would appear to consitute a form of damages sustained. Again, the issue is liability here and the problem is that I would need more information (specifically your employment offer) to analyze that issue.
4) Promissory Estoppel is a valid theory of damages, but again, what you can recover depends on the theory of liability that can be asserted. (Again I would need more information.)
5) Each offer should be a separate and distinct employment act and therefore, acceptance or rejection of another offer will not in and of itself affect your current claims. However, if part of the offer you accept requires you to give up claims, that will most certainly affect them. In addition, accepting another offer could change your damages depending on what that offer is. (i.e. if they move you to Georgia for a different position, you aren't going to suffer relocation expenses.) And once again, much of this depends on the employment contract you have (i.e. the offer you accepted.)
6) Last, the concept of "employment at will" has no bearing on reasonableness. All it means is that you have the right to quit at any time for any reason or no reason at all, and the company can terminate you at any time for any reason or no reason at all (with certain statutory exceptions). The idea is that you are not a slave to the company (it can't "make" you do anything, and by the same token, the company is not a slave to you). Of course at will employment may not be relevant if you have a contract with the company, which again depends on the terms of the offer you accepted.
In the long run, I would encourage you to consult an attorney whether it is our firm or one of the many other fine employment firms here in Chicago. Any attorney would need more information, specifically including the offer you accepted. Feel free to give us a call if we can be of further assistance. 312/236-8877.

posted May 12, 2002 9:51 PM [EST]

Answer to see above

Averaging Work Hours for Overtime

It really depends on where the hours fall. If there are more than 40 hours in any week, there should be overtime.

posted Apr 30, 2002 11:18 AM [EST]

Answer to severance pay to the ex

Severance pay to ex

Janet,
This is really a question for a family law attorney. We can refer you to one if you need one. Good luck.

posted Apr 18, 2002 4:34 PM [EST]

Answer to quit without 2 weeks notice

Quit without two weeks notice

Phil,
They must pay you for all hours worked. The Illinois Minimum Wage Law requires it as does the Fair Labor Standards Act. I can't tell what is going on here, but give us a call.
Aaron Maduff
312/236-8877

posted Apr 17, 2002 10:07 AM [EST]

Answer to A hug between two friends is sexual harassment?

Is a hug between two friends sexual harassment?

There may well be something that can be done. Our office often negotiates with employers over these kinds of things. However, employment in Illinois is "at will" which means that you can be terminated at any time for any reason or no reason at all (so long as it is not an illegal reason i.e. discrimination), and you can quit under the same conditions. An employer can make whatever policies it wants. On the other hand, in order to claim that you have committed some kind of sexual harassment they have to point to something that specifically violates their policy. Thus, we have to review the policies. I would highly recommend talking to an attorney whether it is our firm or one of the other employment firms in the Chicago area.
Aaron

posted Apr 15, 2002 5:14 PM [EST]