Answers Posted By Kristen Prinz

Answer to Can my employer change my position from part time to full time

Generally, to be found eligible for unemployment benefits, you must be unemployed through no fault of your own, have earned wages, be available for new work, and be actively seeking work. In your situation, you are currently employed and earning wages. If you were to apply for unemployment benefits after leaving your current job, any changes to your current status due to the situation you described would be reviewed by the Illinois Department of Employment Security (IDES). In its review, IDES would decide if the company “fired” you by eliminating your position and letting you go, if the company had fired you for a reason, or if you had simply refused to take a transfer and “quit.” This decision would significantly impact your eligibility. Also, if you left your job, you would be required to show documentation that you are looking for a new job.
If you have further questions, you should contact an attorney directly.

posted Feb 20, 2011 12:27 PM [EST]

Answer to Am I entitled to back pay in a salaried position?

As an at-will employee, your employment relationship is centered upon the idea that either you or your employer can end the relationship at any time and for any reason unless the reason is discriminatory or otherwise barred by law. Although this is generally accurate, some exceptions apply. If there are any agreements or if you are part of a collective bargaining group, your employment relationship may be governed by other principles. Generally, an at-will employment situation provides that the employer is free to discharge employees for cause or no reason at all. In turn, the employee is equally free to quit, strike or otherwise end the employment relationship. In your situation, your employer has essentially redefined your role in the company and modified duties and pay. In an at-will employment situation, the employer may have the freedom to do this. However, the employer may not adjust pay and duties for discriminatory reasons or in retaliation for your reports of discrimination. If either of these events have occurred, it is important to act quickly in pursuing claims because statutes of limitation exist for such claims. At the same time, it does not hurt to ask for the continued pay increase since you have taken on the additional duties.

posted Feb 20, 2011 12:25 PM [EST]

Answer to Am I entitled to back pay in a salaried position?

As an at-will employee, your employment relationship is centered upon the idea that either you or your employer can end the relationship at any time and for any reason unless the reason is discriminatory or otherwise barred by law. Although this is generally accurate, some exceptions apply. If there are any agreements or if you are part of a collective bargaining group, your employment relationship may be governed by other principles. Generally, an at-will employment situation provides that the employer is free to discharge employees for cause or no reason at all. In turn, the employee is equally free to quit, strike or otherwise end the employment relationship. In your situation, your employer has essentially redefined your role in the company and modified duties and pay. In an at-will employment situation, the employer may have the freedom to do this. However, the employer may not adjust pay and duties for discriminatory reasons or in retaliation for your reports of discrimination. If either of these events have occurred, it is important to act quickly in pursuing claims because statutes of limitation exist for such claims.

posted Feb 20, 2011 12:23 PM [EST]

Answer to Sexual Harrassment and Unemployment

You may have claims relating to sexual harassment, but we would need more information to answer your question.

Federal and state sexual harassment laws apply to employers with 15 or more employees, but local laws may provide you with some protection.

If you would like to speak with an attorney at our office, please call 312-212-4450.

posted Sep 23, 2010 07:40 AM [EST]

Answer to Docked pay due to use of FMLA

Your employer requested that your provider complete a recertification form in mid-July of 2010. I am assuming you are referring to the Certification of Health Care Provider for Family Member’s Serious Health Condition (“Certification Form”). The Certification Form states that “Your employer must give you at least 15 calendar days to return this form to your employer.” The general rule for certification is that you must, “provide the requested certification to the employer within 15 calendar days after the employer’s request, unless it is not practicable under the particular circumstances to do so despite the employee’s diligent, good faith efforts…” 29 CFR 825.305. In other words, you must do everything you can to provide the requested certification before day 15. You can only be given more time if you have tried your best, but you have not turned in the requested certification by day 15.

The law is also very clear about the timeframe with respect to recertification. “An employee must provide recertification within the time requested by the employer (which must allow at least 15 calendar days after the request) or as soon as practicable under the particular facts and circumstances.” 29 CFR 825.313(c). In other words, you are required to turn in the recertification as soon as you are able, given your specific constraints.

Taken together, the facts you described may indicate that you have a potential claim against your employer. It is unlawful for your employer to interfere with your rights under the Family Medical Leave Act (FMLA), and it is also unlawful for your employer to discriminate against you for complaining about that interference. Section 105 of the FMLA. If your employer has interfered with your rights or discriminated against you for complaining about that interference, it may be liable to you for wages, salary, or employment benefits that have been denied or lost.

posted Sep 9, 2010 08:44 AM [EST]

Answer to My non-compete says I can do no work I did with my ex-employer anywhere in US. Is it enforceable?

It depends on the specifics of the agreement. An attorney would have to review the language to advise you how to proceed. If you have questions or would like to retain an attorney, please call my office at 312-212-4450.

posted Apr 23, 2010 11:09 AM [EST]

Answer to Have I been Racially discriminated against?

It sounds like your employer may be engaging in discriminatory conduct, but there is not enough information here to make a determination. Some questions to consider: Do all supervisors have the same duties, experience and skill set? Does the other site have a different set of policies? Are there other Caucasian employees that are given similar special treatment? Are there non-discriminatory reasons for providing this lady with a set schedule? In addition, more details are necessary regarding the incident that took place between you and the Caucasian employee.

You should contact an employment attorney to discuss the matter in greater detail.

My office regularly represents employees that have been subjected to discrimination.

posted Feb 24, 2010 11:59 AM [EST]

Answer to Went to HR yesterday; complained boss harassing, demeaning behavior; was fired today.

There is not enough information to answer your question. What type of harassing behavior were you reporting? Did you make a written report? What did your employer say was the basis for your termination? You should speak with an employment attorney. There are limited grounds for retaliation claims and they are dependent on the specifics of each situation.

posted Feb 9, 2010 11:45 AM [EST]

Answer to Can my employer give permission to my coworker to inspect my time cards and payroll sheets?

It depends. Your boss can assign another employee (even a colleague) to supervise your performance, but if there is a discriminatory reason for the additional scrutiny, you may have legal recourse. There also may be another way to address your discomfort though. You should consult with an employment attorney and provide more specific information regarding your situation.

posted Feb 4, 2010 12:47 PM [EST]

Answer to If I sign my severance agreement, can I stil get unemployement benefits?

The short answer is probably, but there are some exceptions. You can ask your former employer's HR Department or have an employment attorney review your agreement to confirm your eligibility for unemployment benefits.

My office offers a flat fee review of severance agreements.

posted Feb 2, 2010 3:22 PM [EST]