Answers Posted By Alejandro Caffarelli

Answer to Pay for accrued vacation days after resignation

No exceptions to vacation payment

They must pay you the accrued vacation days. There is no two-week notice requirement under Illinois law. If they do not pay you you need to file a claim with the Illinois Department of Labor within 180 days of your termination, or retain a private attorney who would be able to help you bring the claim, since attorneys' fees are recoverable in these types of wage cases, assuming a proper demand has been made.

posted May 20, 2004 12:46 PM [EST]

Answer to Please help!

Overtime Exemptions

There are some obscure exceptions and permutations to overtime pay requirements, but this does not sound like one of them. In most areas of the country, paying anyone on an hourly basis destroys any possible exemption, but not here in Illinois. There is a possibility that a court would find you exempt from receiving that overtime for the 40-50 hours you worked every week. In any case, it can't hurt to file with the DOL. If you use an attorney and file in feeral court, though, you could ask for up to 3 years back and for double "liquidated" damages, which the DOL typically does not pursue. It would probably take a little more research, though, before an attorney takes the case to determine whether there is not one of those abovementioned obscure exemptions.

posted Apr 2, 2004 08:43 AM [EST]

Answer to Company taking away earned vacation after employee has enjoyed this vacation time for many years

Vacations

A company must pay an employee for earned vacation time. However, under your scenario, the company may not be violating the law. The answer depends on whether the six weeks of vacation already had been earned. If at the beginning of the year the company said that your father would receive six weeks of vacation time this year it cannot later change its mind during the year, once it has already granted the six weeks. However, it is not illegal for a company to change its vacation policy and, say, decide that people don't get any vacation at all any more moving forward. For example, if the company announced that your father would not be getting his six weeks anymore before the year started, he would not be entitled to those six weeks based solely on the fact that he had gotten them in the past. Illinois is an at will state, and that means that employers can change terms and conditions of employment at will, unless doing so violates some other law. The best way to ensure that such things as seniority and vacation are not taken away without negotiations is to bring in a union, but that has its pros and cons as well. If your father's vacation was earned but then taken away he can go to the Illinois Department of Labor and file a claim. He also can see a private attorney. Under the Attorneys Fees in Wage Actions Act, the company may have to pay his attorney's fees if he wins.

posted Jan 23, 2004 08:13 AM [EST]

Answer to Vacation Pay

Go to IDOL

Your best bet for a small sum, such as unpaid vacation, is to file a charge with the Illinois Department of Labor. For larger sums, such as unpaid overtime over the course of years, you may be entitled to liquidated damages (double the back pay) by filing your own lawsuit, so I would recommend going to an attorney in that case.

posted Dec 10, 2003 1:00 PM [EST]

Answer to Salary cut after signing non-compete - Is it valid?

Depends on Language

Whether or not this noncompete remains valid under these circumstances really will depend on the language of the agreement with regard both to its overall enforceability and second with regard to whether the other provisions are contingent upon maintenance of the salary level indicated.

posted Nov 19, 2003 08:53 AM [EST]

Answer to Mandatory 50 hour work week for salary workers.

Possibilities

With regard to the compensation, if you are an exempt worker (under the fair labor standards act) you are out of luck, unless the employer has somehow destroyed the exemption. You would need someone to look into your specific job duties to determine whether you fall under the professional exemption or whether you would be entitled to overtime. If however you approach him as a group to complain and he retaliates against you you may have a claim under the national labor relations act, assuming you are covered by the act. Go to the national labor relations board to file a charge if he retaliates. Good luck.

posted Oct 1, 2003 11:53 AM [EST]

Answer to State Unemployment Benefit Eligibility

Unemployment Unaffected by Severance

In a word, yes. Severance normally does not affect unemployment eligibility.

posted Sep 9, 2003 4:14 PM [EST]

Answer to Legal and court cost responsibility?

No fees in contract case

No. You cannot recover legal and court costs in a straight contract case, unless the contract itself provides for it. You would need to see if you have any other statutory claims that might entitle you to fees and/or costs.

posted Sep 8, 2003 4:47 PM [EST]

Answer to Work Humiliation

Work Humiliation

I agree with Aaron. Also, what is the severity of your humiliation. Have you had to see a doctor, etc.

posted Jun 20, 2002 11:13 AM [EST]