Answers Posted By Ryan Nalley
Answer to Can I be fired for being a witness for my friend in an unemployment hearing? I need help immediatly!
No, you may not be legally be fired for testifying at any administrative or judicial hearing against your employer. It is a blatant violation of the Illinois Whistle Blower Act.If you are call a lawyer immediately.
posted May 20, 2010 8:39 PM [EST]
Answer to can my empoyer get away with this? what should i do?
You might want to start with any evidence that the hazards actually exist or existed. I you can get evidence of that, you bring credibility to your side while discrediting your employer in the process. Also, get a copy of your anonymous complaint to OSHA that shows you were concerned about these matters, and would have likely complained or at least inquired about them. Plus your employer, I assume, has no evidence that you quit.posted May 20, 2010 8:35 PM [EST]
Answer to can my empoyer get away with this? what should i do?
You also may have a cause of action under the Illinois Whistle Blower Act, as well as a common law retaliatory discharge action, as this is clearly against public policy.But first you need to hire an experienced lawyer to prepare for and represent you at the appeal hearing for your benefits.
Ryan Scott Nalley
The Law Office of Ryan Scott Nalley
161 North Clark Street
Suite 4700
Chicago, Illinois 60601
312.523.2168
312.523.2001 (Fax)
773.621.6809 (cell)
www.ryannalleylaw.com
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posted May 20, 2010 8:25 PM [EST]
Answer to Harassed because using intermittent FMLA
However, termination is not necessary to constitute retaliation. And if I understand the question correctly they are forbidding her from taking her FMLA. It is true that it does not rise to constructive discharge and quitting would be to risky in my opinion, especially given the fact that they will probably fire you, and thus, your retaliation claim is that much stronger. What I mean is that if you think they are going to fire you, quitting would a bad strategic move, because it is generally easier to show retaliation when you have been actually fired--despite my previous comment.Also, as I always say, you are not necessarily an exempt employee, and being paid a salary does not mean a great deal. You should read my website below for more information on that topic if the link does not work you can just Google Ryan Scoot Nalley. I should be clear that I cannot say whether you are exempt are not, I can can only say that the salary basis does not make you exempt in and of itself
I think you should just keep enforcing your rights until they make some pretext to fire you, which they will do. Feel free to call me to discuss the matter free charge at 773.621,6809. There many highly experienced lawyers on this sight that have much more experience in this than I, and you might do well to seek them out. Good luck
Sincerely,
Ryan Scott NAlley
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Ryan Scott Nalley
The Law Office of Ryan Scott Nalley
161 North Clark Street
Suite 4700
Chicago, Illinois 60601
312.523.2168
312.523.2001 (Fax)
773.621.6809
www.ryannalleylaw.com
This e-mail may contain PRIVILEGED AND/OR CONFIDENTIAL INFORMATION
intended only for use by the addressee. If you are not the addressee, or
the person responsible for delivering it to the person addressed, you may
not print, copy, or deliver this to anyone else. If you received this email
by mistake, please immediately notify the sender or call 312.523.2168.
posted Apr 13, 2010 05:28 AM [EST]
Answer to Without an employee handbook or formal policy can an employer refuse to pay vacation time.
The only thing I can ever disagree with Mr. Otto is his faith that the Department of Labor. Of course it is free and there is no reason not to call, fill out the paper work, and see if they ever invrstigate--common sense requires it, but I like to think would be better off of you could find a lawyer to prosecute yout case in court--which is is ultimateky difficultm but thete on many who do contingenvy fee cases. And last tie time I checked the Department;s decision is not enforciable as in itsel, and there is no collatteral ettoplr and res judicticata to maintain a department invsttigation sand to maintain a small courty complaint as well.However, without question, the law in Illinois requires them to pay for any unused paid vacation. I would go ahead and try the Illinois Department of Lanor, and if they pay, thats great, but its just not in my experience. If you wish to call may
Ryan Scott Nalley'
773-632069
posted Mar 21, 2010 03:35 AM [EST]
Answer to Can employer require a no compete claus of employee after 5 yrs of employement
Generally not.Though there could be rare exceptions in certain novel businesses, but generally, a no compete contract must be within a reasonable geographical location and a reasonable time period.
Typically, one year can be considered reasonable, but five years, in my opinion, is absolutely unconscionable.
Of course, I say this not knowing the nature or the facts of your business.
But as a general matter a five year non compete contract would be considered contrary to public policy and a restraint on trade; and not to mention an undue hardship on the party bound by the terms.
Sincerely,
Ryan SCott Nalley, Esq.
posted Mar 9, 2010 12:38 AM [EST]
Answer to If I subcontract labor can I perform the same type of job as the contracted labor?
A subcontractor is basically not an employee at all, and it is correct that you cannot hire someone to do the same work as your employees, but just call him a subcontractor for financial gain.I f you have a special job that needs to be done, you may very well hire an a specialist who is free from your control, works basically his own hours, and gets paid per the job he does. The subcontractor has his own business, he does not work for you, and that is taken very literally. If he technically is not under your control, but the majority of his income comes from you, and he has know business of his own, he is likely, an employer.
However, if you are asking whether you, yourself can can be hired as a subcontractor, the answer is of course. My advice as to the first step of convincing employers you cannot be an employee is to establish your own business, and you set/negotiate the price of the of the temporary job that is to be done, and allow as little interference and direction without being rude.
Hopefully someone else will come along and give you better advice.
Sincerely,
Ryan Nalley
posted Mar 9, 2010 12:10 AM [EST]
Answer to My actual job duties include more than 20% non-exempt tasks. What...
According to your statements above, the information provided by your employer is categorically incorrect, and you are likely owed a significant amount of unpaid overtime wages. However, as mentioned, it is crucial that you act immediately in unpaid wage cases because the statute of limitations begins running immediately, and in effect, your claim to back wages gets smaller with each passing weak.If you wish to speak to an attorney about this you may contact me directly at 773.621.7809. I also generally advise against relying on the Illinois Department of Labor in wage and hour matters, if you are able to consult with an attorney.
Sincerely,
Ryan Scott Nalley
posted Feb 25, 2010 04:48 AM [EST]
Answer to Equal Pay Discrimination Yes or No?
It appears that your CEO admitted to you that you were paid less because you are a female when he spoke of the "pay differential." Simply rectifying it is not enough, they must also remedy the past wrong.Sincerely,
Ryan Scott Nalley
posted Jan 26, 2010 7:32 PM [EST]
Answer to was I wrongfully terminated
Based on the facts provided, you were not discriminated against, and presuming that you were employed at will in the private sector, then you were not wrongfully terminated. An employee at will in the private sector can be terminated for any reason or no reason at all.Of course, if your race played a significant part of the reason they fired you (and if other non minority employers were permitted to to engage in the same behavior without consequence), then it would be a at least a primae facie case of discrimination--which is roughly Latin for having enough facts and evidence to go forward with a case--the charge being unlawful retaliation and/or disparate treatment. However, as you indicated, they suspected you of improper conduct.
This fact alone gives them a proper nondiscriminatory reason to terminate you. That is all that an employer must demonstrate to overcome a primae facie case of discrimination. Unless you can then show that the suspected misconduct was merely a pretext or excuse to fire you, your employer will prevail. Thus, it does not appear that they wrongfully terminated you, even if they were wrong about the sexual harassment allegations.
With that said, there may be potential issues with defamation of character if your employer publishes the reasons for your termination while knowing such reasons were untrue. But that is beyond the scope the scope of the discussion and you have not indicated to believe anything of that nature has occurred. Good luck.
Sincerely,
Ryan Scott Nalley
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posted Dec 23, 2009 09:39 AM [EST]