Answers Posted By Anthony Cameron

Answer to Employee with Chronic illnesses losing job because of attendance

One Step at a Time

Depending upon your medical documentation, you may have a discrimination case under both the ADA and the Illinois Human Rights Act.

At a minimum, you should go to Springfield and talk with an intake worker in the Illinois Department of Human Rights. Take your last three years or so of medical records.

I think you should also talk to a Plaintiffs' attorney about whether the policy violation was a breach of contract. Under certain circumstances, that can be a breach of the employment contract, as defined by the handbook.

Your case is very fact-specific and there are a great many crucial facts missing from you description. A good employment lawyer will take you through a checklist of these and you will have peace knowing whether you should go beyond just the IDHR complaint.

In either event, if I were you, I would not let anything stop me from filing my own complaint with the IDHR. It doesn't cost anything and you'll know a good bit more after their investigation.

Anthony B. Cameron
Quincy

posted Jun 1, 2005 10:44 AM [EST]

Answer to When is severance pay issued when agreed upon by all parties?

Exit Pay Due Date

Unless there is a writing to the contrary, you are due all benefits payable to you (vacation, personal days, if payable, etc.) NLT the pay period following your termination.

Sometimes, severance agreements call for the funds being payed out through the life of the agreement but that is not likely for a two week payout.

BTW, if you don't have a written undertaking, you have no enforceable severance agreement. If that is the case, be extraordinarily polite while you chase the "lost" check. We don't want anybody changing their mind.

Anthony B. Cameron
Quincy

posted Jun 1, 2005 10:34 AM [EST]

Answer to Is a no compete valid if parts are missing/blank?

Elements of a non-compete

No responsible lawyer can give a comprehensive interpretation of a non-compete without seeing it.

The first question in analyzing a non-compete is whether you are a stakeholder in the company or simply an employee. The standards are different.

Assuming you are just an employee, then the question arises whether you were already employed when you entered into the non-compete or whether you signed it when you came on board.

Assuming you were already an employee and you signed it, the next question is whether you got anything for signing it. An agreement unsupported by what is called consideration is not an agreement.

Assuming you got a little raise or bonus for signing it, the company's signature is irrelevant so the absence of their signature and date is of no moment at all.

The absence of the geographical area could be crucial. Until recently, the rule was that the duty was on the employer to pose a reasonable radius or area. If the employer failed to pose one or the posed and unreasonable one, the agreement was simply void. This has changed in certain Appellate districts in Illinois. Your Appellate District has not ruled on this precise question yet. The one to the south of you has indicated it will substitute a reasonable geo. area rather than let the agreement fail. It's not a lock but I have difficulty seeing your Appellate District rescuing a sloppy employer from his own carelessness.

Having said that, the risks in non-compete cases are great. There are many terrific employment lawyers in the Pekin/Peoria area. See one and get an opinion about your specific agreement before you do anything irrevocable.

Anthony B. Cameron
Quincy

posted May 18, 2005 6:32 PM [EST]

Answer to Not paying employees

Impact of failure to pay on relocation

No responsible lawyer can give you an opinion without seeing the Relocation Agreement. There are some principles that apply which might be useful for you to know.

The recoupment portion of a relocation agreement is part of a contract. The underlying assumption of the contract is that you will continue to serve in the established capacity subject to approximately the same terms and conditions and, conversely, that the company will continue to make it possible for you to serve. Failure to pay (on a continuing basis) is a breach of the underlying assumption of availability of work.

If they sued you for the recoupment under the agreement, you would put forth the affirmative defenses of "impossibility" and "frustration of purpose".

It is still possible for them to have a written a recoupment clause strong enough that it doesn't matter why you left but it would have to be powerful and unambiguous.

It's a little unclear to me whether the company was making up these "late" paychecks and whether you were under a written contract that specified your compensation was in any way tied to gross receipts. Contrary to popular opinion, it is possible to have an employment relationship in Illinois that shares the risk of gross funds being received. This must be done in writing in any non-agricultural field.

For the people who are still there and aren't being paid, the Illinois Department of Labor Really does a fair job of collecting wages from recalcitrant employers. Their wage claim form is simple and they are very cooperative in helping wage-earners.

Anthony B. Cameron
Quincy

posted May 18, 2005 6:18 PM [EST]

Answer to eleigible again after 6 months of employment?

IDES eligibility

This goes by "quarters".

Assuming you both worked and got a paycheck in December, that's one quarter.

You worked the first quarter of '05 and the second quarter of '05. You would be a close call and your rate would be very low (based upon part time work, low enough not to disturb your existing u/e through February)but I think you meet the "three out of the last four" quarters test.

Don't be afraid to go to your local IDES office and ask. The people at the front counter are very helpful and have no reason to hold back any info from you.

Do keep in mind that your "benefit amount" by definition will be very small. Still, it is worth having the answer and a big benefit if you have a child (there may be a dependent additon above the basic benefit amount).

Anthony B. Cameron
Quincy

posted May 18, 2005 12:44 PM [EST]

Answer to work

Multiple issues

Your situation raises multiple legal issues.

Generally speaking, private employers have the privilege of being cruel, stupid and unfeeling. That kind of thing is not actionable. You mention a village but it is not clear the village is your employer. If you work for the government, you may have some additonal rights as a matter of constitutional law and some statutes here.

Why not start with what you can do for free? You're female and sounds like you may be over forty. Check with the Ill. Dept. of Human Rights and see if they'll investigate simple discrimination for you. Also mention to them (if it is true) that you reported discrimination (either sexual harassment or gender bias) to someone in a position of authority. Opposing Discrimination is always a protected activity under the Illinois Human Rights Act, even if your report turns out to be unfounded.

In the meantime, if you'd like to write more about this report that you made, an answering attorney might be able to tell you whether you fit in a "Whistleblower" category generally, as opposed to merely opposing discrimination. Most whistleblower protection turns on whether you reported it to someone with prosecutive authority over it. Whistleblowing cases are extremely fact-dependent.

Also, if you were punished for a deployment or activation in the military, the ISBA has a committee which may provide you help at no charge.

Can't make much out of what you call a HIPAA violation without knowing what it is. Not all secondary releases are violations and some employer personnel do get to review your medical claims and payouts in certain circumstances.

I'll check back in a few days and see if you've updated your question.

Anthony B. Cameron
Quincy, Illinois

posted May 18, 2005 11:54 AM [EST]