Answers Posted By Ryan Nalley

Answer to is small claims a way to collect wages ?

Yes, small claims court would be your alternative. What County are you located in? And did the due date for which you have not been paid occur in 2011?

I cannot follow the story with regard to the signing of the sheet showing that "he was paid" well enough to know if your case has merit, but you may want to look into hiring a attorney that might be willing to take on your case on contingency basis, as your employer will be liable for all attorney's fees if your case is proven pursuant to the Illinois Wage Payment and Collection Act if this took place after January, or the Attorney's Fees in Wage Actions Act if not.

posted Jul 13, 2011 8:24 PM [EST]

Answer to Why Human resouces will not do anything about my continuous harrassment/age discrimination?

Based on the information given, it is difficult to tell if the harassment and retaliation you are receiving is actually protected under the Civil Rights Act. Without knowing the specifics, I can only advise that you consult with an attorney experienced in employment discrimination cases, and if your employer's harassment is in violation of the law, you can usually obtain a right to sue upon request from EEOC if you feel the process is going nowhere.

Further, there may be other causes of action that are completely unrelated to anything the EEOC handles, but without specifics, I have no way of giving you an informed opinion.

Sincerely,


Ryan Scott Nalley

posted Apr 16, 2011 11:05 AM [EST]

Answer to Job discontinuation due to FMLA use

If you have such documentation it would certainly be probative as to his motives. If the position was terminated, then reinstated within short time after your termination, that would appear to be a pretty clear example of interfering with FMLA.

Of course there are always more facts that must be taken into consideration before a definite answer can be given.

However,

If you wish to discuss the matter, you can call me at 312.523.2168.

Sincerely,

Ryan Scott Nalley, Esq.


DISCLAIMER:
THIS DOES NOT CONSTITUTE LEGAL ADVICE OR ESTABLISH AN ATTORNEY CLIENT RELATIONSHIP

posted Nov 23, 2010 10:07 PM [EST]

Answer to IL - Commissions upon termination

The Commission belongs to the salesperson, despite when the money is earned, but you have to prove you made the sale.

posted Oct 22, 2010 11:49 PM [EST]

Answer to Is it legal for an employer to switch from hourly to salary with-out the consent of the employee?

Absolutely not! This is illegal, and a willful violation of the FLSA and Illinois Minimum Wage Law, unless of course you are exempt for some other reason.

Ryan Scott Nalley
http://www.ryannalleylaw.com

posted Oct 22, 2010 11:39 PM [EST]

Answer to Salary employee isn't getting paid for days the company decides to close the office

Actually, I'm sorry, but no, this is not salary; when I read the rest of your post, if they are doing this regularly or randomly and making you use a vacation day that you would not otherwise have to to use, then it is not proper salary.

If you are unable to work because they close the shop on a day when the shop should otherwise be open open, they must still pay you. But if it is a scheduled like thanksgiving it is different.

However, given the facts of your post, you are probably not an exempt employee for reasons other than improper salary as well.

Of, even they paid you a proper salary, that does not make you you exempt.

Sincerely,

Ryan Scott Nalley
105 W. Adams 28th floor
Chicago, Illinois 60603
773-621-6809
attorney@ryannalleylaw.com
http://www.ryannalleylaw.com

posted Oct 22, 2010 11:34 PM [EST]

Answer to Salary employee isn't getting paid for days the company decides to close the office

This is legal for salaried employees.

posted Oct 22, 2010 11:21 PM [EST]

Answer to Can my previous employer put my pay to minimum wage on my las check when i make more than that ?

This is illegal, your employer must pay you at whatever rate you and your employer have agreed upon at the start of your employment, and that rate must be above both federal and state minimum wage, whether you are salaried, paid by commission, or some other method. There are exceptions to this rule, but in your case, you must be paid at the rate that you have always been, especially if it is your final paycheck.



Sincerely,


Ryan Scott Nalley
105 W. Adams St.
28th floor
Chicago, Illinois 60603
773-621-6809
attorney@ryannalleylaw.com
http://ryannalleylaw.com

posted Oct 22, 2010 11:18 PM [EST]

Answer to DO I have a case worth looking into?

I don't quiet understand the details of your question, but I am pretty sure the answer is, no.

Unless you work for government entity or have a contract stating otherwise, you can be fired for any reason or no reason at all. This is called being employed at will, and the category most employees fall under.

This does not constitute official legal advice or constitute an attorney/client relationship.

Sincerely,

Ryan Scott Nalley, Esq.

posted May 26, 2010 9:47 PM [EST]

Answer to Can I be fired for being a witness for my friend in an unemployment hearing? I need help immediatly!

IMPORTANT CORRECTION,

First, you apparently in Georgia

Second The Illinois Whistle Blower Act, according to a plain reading of the statute, only protects you if you are testifying about the violation of law.
Specifically it states:
(740 ILCS 174/15)
Sec. 15. Retaliation for certain disclosures prohibited.
(a) An employer may not retaliate against an employee who discloses information in a court, an administrative hearing, or before a legislative commission or committee, or in any other proceeding, where the employee has reasonable cause to believe that the information discloses a violation of a State or federal law, rule, or regulation.
(Source: P.A. 95‑128, eff. 1‑1‑08.)

What you are testifying to does not appear to be about a violation of a State or Federal law or regulation--hence you are not really "blowing the whistle" (Even if you disclosed your employer's perjury, you still wouldn't be covered by the Act IMO).

And it is moot anyway, as you are in Georgia.

I'm not saying you shouldn't stand up and tell the truth for your friend, but I must correct the misinformation I gave you.

Maybe Georgia has a law that protects you, and maybe Illinois has one too, but I have no knowledge of them. Thus, please disregard my prior answer.

posted May 21, 2010 04:00 AM [EST]