My Employment Lawyer - Answers Posted By Alejandro Caffarelli

Answer to My company took away our accrued PTO without any warning. Is this legal? I had been saving it up for a vacation with my kids this summer and now it is suddenly gone.

I don’t believe that is legal under the Illinois wage payment and collection act. Once PTO is earned and accrued, it must be paid. If you would like to discuss your claim please call our office for a free consultation, 312-763-6880.

posted Jun 25, 2020 11:40 AM [EST]

Answer to My company took away our accrued PTO without any warning. Is this legal? I had been saving it up for a vacation with my kids this summer and now it is suddenly gone.

I don’t believe that is legal under the Illinois wage payment and collection act. Once PTO is earned and accrued, it must be paid. If you would like to discuss your claim please call our office for a free consultation, 312-763-6880.

posted Jun 25, 2020 09:55 AM [EST]

Answer to I was let go due to lack of work during this virus issue. I was given 80 PTO at time of hire, I did not earn these hours. I have 67 hrs left, Is that supposed to be paid out to me?

It depends on the company‘s policy regarding how vacation time is earned and accrued. In Illinois only PTO that is earned and accrued must be paid out at the time of termination. If you did not earn the hours, then you are not entitled to them.

posted Apr 15, 2020 08:24 AM [EST]

Answer to Can a company retroactively change a commission plan to avoid paying full commission?

Probably not, we’re happy to offer a free consultation for this assuming you are in Illinois. Please call 312-763-6880

posted Aug 28, 2019 4:25 PM [EST]

Answer to My husband has been working at the same job for 8 years. For the past 5 years he has been working 55 hours a week. Every single week, there has not been one week in 5 years where he has not worked these hours. He's been told before that his overtime is

Typo - 312-763-6880

posted Jul 12, 2019 3:49 PM [EST]

Answer to My husband has been working at the same job for 8 years. For the past 5 years he has been working 55 hours a week. Every single week, there has not been one week in 5 years where he has not worked these hours. He's been told before that his overtime is

Your question was cut off but I encourage you to contact our main office at 312-763-7880 so that we can assess your case. Thank you -

posted Jul 12, 2019 3:48 PM [EST]

Answer to Does the state of Illinois have to pay commission on deals closed prior to termination?

Possibly yes, depending on the nature and details of your commission plan. Generally speaking, wages earned an accrued are due upon termination. Please call the office at 312-763-6880 and I will be happy to give you a more definite answer if we can get some additional details from you.

posted Jul 31, 2018 3:02 PM [EST]

Answer to I live and work in Illinois. My company is headquartered in Illinois as well. They recently sent out a mandatory arbitration agreement to all employees. If I don't sign, can they fire me?

Short answer, yes. And although I personally disagree with the outcome, the only real way to change that is to vote for politicians that are sympathetic to worker rights (actually sympathetic not just posturing) and demand that congress amend the Federal Arbitration Act.

posted Jun 19, 2018 11:59 AM [EST]

Answer to Can a employer demote and take pay away without written notice

Assuming you are an employee at will, yes. The exception to this rule would be if the reason for the demotion violates a law, for example discrimination or retaliation for engaging in protected activity, or if you have an employment contract for a term guaranteeing your position and pay.

posted Aug 31, 2016 06:21 AM [EST]

Answer to Can text messages between you and your employer be used as exhibits in a unemployment phone hearing?

The hearing officer was absolutely wrong, the statement of an opposing party is by definition not hearsay. You should definitely appeal.

posted Jul 12, 2016 09:31 AM [EST]