DGAA bLAWg

My Employer is Discriminating Against Me for Taking Time Off Under the FMLA

Web Admin - Friday, May 06, 2016

employer discrimination, taking FMLA, Illinois Employment Law AttorneyMost workers have a federally protected right under the Family And Medical Leave Act (FMLA) to take up to 12 weeks off from work, unpaid, to care for themselves or a close family member who is sick or injured. Additionally, workers do not have to fear losing their job or being discriminated against or retaliated against. 

If you believe that you are an employee who is eligible for FMLA protection, but are worried that your employer has unlawfully violated your FMLA rights, you should consult with an experienced employment law attorney as soon as possible.

Examples of When a Person Can Take Time Off Under the FMLA

There are several instances when a worker can take unpaid leave from his or her job under the FMLA. Examples include:

- When a worker is ill, injured, or has a serious medical condition;

- When a worker needs to provide care for his or her spouse, child, or parent who has a serious medical condition or illness;

- When a worker is incapacitated due to pregnancy;

- When a worker needs prenatal care before a child birth;

- Child birth;

- When a worker needs to provide care to his or her newborn child; or

- A worker is pacing a child up for adoption or into foster care. 

How Do Workers Use FMLA Leave?

When a worker has notice ahead of time that he or she will need to take time off from work under the FMLA, he or she must provide his or her employer with 30 days of notice if possible. When advanced notice is not possible, or the need to take time under the FMLA is sudden and unplanned, workers need to provide notice as soon as possible. Works must follow their employer’s normal policies concerning taking leave. 

Employers Must Respect Your FMLA RIghts

If you are a worker who is eligible for FMLA protection, then your employer must comply with the law and allow you to take the qualifying time that you need. Employers are not permitted to interfere with your rights under the FMLA, nor can an employer restrain you or deny you your FMLA rights. Your employer is also prohibited from discharging you, or discriminating against you, for exercising your rights under the FMLA. 

Discrimination could take the form of:

- Treating you differently after you took FMLA time off;

- Denying you promotions or certain work projects or assignments;

-Giving you a bad review for no good reason other than that you took time off under the FMLA; and/or

- Deeming you ineligible for promotions or bonuses because you took time off under the FMLA. 

No one who is eligible for FMLA protections should be denied his or her rights by his or her employer. If you believe that your employer has improperly taken action against you or has discriminated against you for taking unpaid leave under the FMLA, you should consult with an Illinois employment law attorney today. 

Our law firm serves the communities of Crystal Lake, Des Plaines, Rolling Meadows, Schaumburg, Palatine, Buffalo Grove, Barrington, Inverness, and Deer Park. Please call 847-934-6000 to speak to a member of our team.

    Ken Apicella

    About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.




Source: 
https://www.law.cornell.edu/uscode/text/29/chapter-28

What is Wrongful Termination?

Web Admin - Friday, April 08, 2016

wrongful termination, Illinois Employment Law AttorneysLoosing a job can be devastating to both you and your family. However, because Illinois is an at-will employment state, employers are generally allowed to terminate employees for whatever reasons they so choose. Still, this is not to say that all bases for termination are legal. 

When you are concerned that your employment termination was a wrongful termination, or you believe that your termination was in some way illegal, then you should discuss your case with an experienced employment law attorney to learn more about your rights.

Wrongful Termination 

There are legal protections in place to protect workers from wrongful termination. “Wrongful termination” does not necessarily mean that you feel your termination is unfair or unjustified. Rather, “wrongful termination” implies that the termination violates the law in some way. An employer may not terminate an employee for the following reasons:

- If the termination would violate an employment contract;

- If the termination was made on a discriminatory basis;

- If the termination is retaliatory for the employee exercising his or her rights. For instance, the following are impermissible grounds upon which to terminate an employee: 

- Filing a worker’s compensation claim;

- Filing a workplace safety complaint; 

- Filing a sexual harassment action; and

- Reporting wrongdoing in the company, i.e., whistle-blowing. 

- For taking legally protected time off from work for things such as jury duty, military leave, or time needed to care for oneself or his or her family members under the Family Medical Leave Act. 

Each of the above identified grounds for a termination would be a “wrongful termination” since each one violates the law in some way. 

Employment Contracts

Employees who have an employment contract are not considered to be “at will” employees. Rather, employment contracts impose a legal obligation between the employer and the employee—the employee will remain employed until the termination of the contract. Early termination of the employee would be an early termination of the contract, which is a violation of the terms of the contract. 

Discriminatory Termination 

Termination of an employee on the basis of discrimination is a violation of state and federal employment discrimination laws. There are certain legally protected statuses upon which an employee cannot be discriminated. These include the employee’s age, sex, race, religion, disability, national origin, pregnancy, genetic information, marital status, sexual orientation, gender identity, military status, unfavorable military discharge, arrest record, and lack of a permanent mailing address.

Retaliatory Termination

Employees have certain protected rights in Illinois under the Illinois Whistleblower Act and Illinois case law. Under these laws workers are allowed to exercise their rights without having to fear being terminated from their job. Employees can report instances of illegal conduct to the appropriate government authorities, and can also refuse to participate in company activities that the worker believes to be illegal. 

Employment law issues, such as wrongful termination, can be confusing. However, a skilled attorney can help. Please contact one of our experienced Illinois employment law attorneys today. Our Illinois law firm serves the communities of Schaumburg, Des Plaines, Rolling Meadows, Barrington, Palatine, Crystal Lake, Buffalo Grove, Arlington Heights, Inverness, and Deer Park. Please call 847-934-6000 to speak to a member of our team.

    Ken Apicella

    About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



Sources: 

http://ilga.gov/legislation/ilcs/ilcs4.aspDocName=077500050HArt%2E+2&ActID=2266&ChapterID=64&SeqStart=600000&SeqEnd=1200000

http://www.eeoc.gov/laws/statutes/titlevii.cfm

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2495



Recent Posts


Tags

Illinois defective products attorney life insurance claims wrongful termination commercial leasing employment lawyer Chicago insurance law firm Des Plaines civil attorney medical malpractice compensation owner responsibility power of attorney Rolling Meadows criminal attorney commercial real estate Illinois attorney institutional trustee pedestrian injuries, pedestrian fatality traffic accidents Buffalo Grove personal injury attorney Rolling Meadows estate planning attorney insurance claims pet bites income distribution deducation foreclosed rental property Rolling Meadows insurance dispute lawyers, insurance dispute car accident estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, overtime pay real estate attorney personal injury Schaumburg estate planning lawyer mass shooting elder law car accidents Arlington Heights estate planning attorney deadly crashes drunk driving hit and run accident insurance claim dispute attorney Illinois pet lawyer Federal Food Drug and Cosmetic Act overtime violations Illinois employment law attorney first degree murder independent contractor Illinois real estate lawyer employment contract rest breaks insurance claim dispute Deer Park personal injury lawyer auto accidents operating agreements small business Arlington Heights car crash attorneys Palatine business attorney employees Barrington real estate lawyer spinal cord injury Barrington business law firm Buffalo Grove injury lawyer Illinois real estate IRA trust transfer rent to own real estate contracts estate attorney Des Plaines Traffic Lawyer Rolling Meadows employment law attorney IRELA Illinois wills and trusts attorneys clemency employment law Crystal Lake employment lawyer Inverness civil lawyer workers compensation benefits Crystal Lake bike accident lawyer Rolling Meadows traffic law firm Inverness estate planning lawyer Rolling Meadows corporate lawyer accidental death benefits Illinois traffic laws BAIID Illinois LLC creation DMV Rolling Meadows personal injury attorney Rolling Meadows probate lawyer Illinois driving without license trusts Illinois injury lawyer boating accidents car collision Schaumburg estate planning attorney pizza emoji Illinois medical malpractice attorney Thanksgiving Illinois employment attorneys Illinois speeding lawyer Rolling Meadows criminal lawyer Illinois insurance dispute lawyers cell phone reckless homicide bicycle dooring accidents Illinois Probate Act of 1975 Illinois small business personal injury attorney denial of life insurance Illinois will lawyer Illinois insurance claim attorney life insurance policy Crystal Lake medical malpractice attorneys Illinois personal injury lawyers Kenilworth estate planning attorney filing a medical malpractice claim employee rights Des Plaines ObamaCare Palatine employment lawyer brain injury Palatine personal injury lawyer Affordable Care Act employment attorney unauthorized overtime Arlington Heights employment law attorneys digital media accounts, estate planning, Arlington Heights estate planning attorney, criminal law Barrington criminal lawyer Rolling Meadows litigation lawyer blood alcohol content employee discrimination Deer Park DUI lawyer Illinois law Illinois wills and trusts job lawyers Inverness corporate attorney Illinois Workers’ Compensation Commission Rolling Meadows Traffic Lawyer dog bites LLCs Arlington Heights real estate lawyer head on collisions Illinois workplace lawyer Illinois Smoke Detector Act digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers criminal defense unpaid overtime comparative negligence wills and trusts personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Des Plaines pet law attorney car accident lawyers Joliet general practice lawyers condo association Arlington Heights wills and trusts attorney DNR Detainer Actions estate planning digital information Inverness real estate attorney bike accident real estate zoning Barrington boating accident attorney Des Plaines personal injury lawyers investment property Palatine corporate attorney Class A misdemeanor marijuana Barrington personal injury attorney gift taxes loss of consortium Des Plaines personal injury attorney Palatine traffic lawyer Illinois collections attorney Crystal lake insurance dispute attorney real estate lawyer employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, traumatic brain injury Illinois Trust Code truck collisions Illinois medical malpractice lawyers Palatine employment law lawyer Illinois employee rights attorney. Illinois personal injury lawyer DUI penalities Crystal Lake criminal defense attorney Mt Prospect Attorney murder defense paid sick leave Illinois workers compensation lawyer drug crimes insurance claim work unions insurance denial appeals Transfer on Death Instrument llinois Real Estate Lawyers Association Illinois Wage Payment and Collection Act DUI defense Barrington workers compensation attorney Illinois business lawyer blended families real estate attorneys insurance agents drug crime federal crimes field sobriety test loopholes personal injury lawyer probate comp time Rolling Meadows personal injury lawyer Rolling Meadows insurance lawyer Palatine employment attorney Palatine drug lawyer Deer Park medical malpractice attorney Barrington Illinois estate planning lawyer Barrington estate planning lawyer car crash Self-Directed IRA Accounts consent to a search Buffalo Grove criminal defense lawyer Chicago estate planning lawyer Illinois living will Inverness DUI lawyer civil litigation attorney Inverness real estate lawyer Schaumburg personal injury attorney Arlington Heights wills and trusts attorneys murder digital assets ken apicella wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Illinois traffic attorney medical marijuana nursing home negligence Des Plaines criminal attorney Kenilworth estate planning attorneys vacation home Long Grove real estate attorney Crystal Lake medical malpractice lawyer Crystal Lake business law attorneys Deer Park traffic lawyer murder charges Des Plaines real estate lawyer Buffalo Grove probate lawyer Barrington employment attorney construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Barrington medical malpractice lawyers Colin H. Gilbert liability criminal record fatal car accidents rumble strips breach of contract compensatory time Illinois construction accident attorney cell phone accidents medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Schaumburg traffic lawyer Palatine insurance lawyer Long Grove estate planning insurance claim delay commercial leases Des Plaines accident attorney criminal surgical mistakes Long Grove estate planning attorney Illinois tax attorney Inverness traffic law firm creditors Rolling Meadows employment attorney Illinois home inspection Chicago corporate attorney Crystal Lake tax lawyer Rolling Meadows Attorney PTSD Riverwoods estate planning lawyer suspended license Long Grove estate planning attorneys South Barrington real estate lawyer Buffalo Grove medical malpractice lawyers Illinois trucking safety natural gas Rolling Meadows personal injury lawyers Schaumburg personal injury lawyers unpaid assessment crossover accidents probate fees products liability Buffalo Grove insurance claim dispute lawyers irrevocable trust Des Plaines claims law firm personal injury claim attorney fees corporate law Mount Prospect wills and trusts lawyers low-ball insurance settlement Illinois probate lawyer employment law, Illinois employment laws Arlington Heights accident attorney Exclusions Illinois elder law attorney Rolling Meadows boating crash lawyer Illinois workplace discrimination attorney fiduciary rule motorcycle accident insurance claim denials Chicago biking tips Barrington litigation attorney drug crimes lawyer living trust deed transfer Rolling Meadows employment law attorneys cell phone tower data forming a corporation in Illinois Chicago insurance claim attorneys traffic violations defense whistleblower protections Palatine law firm Arlington Heights criminal lawyer Palatine civil attorney Schaumburg criminal law attorney Schaumburg injury lawyer liability claims Arlington Heights wills and trusts lawyer estate planning attorney financial advisors Des Plaines DUI attorney severance agreements drugs in terrorem provision Crystal Lake pet attorney Schaumburg special needs trust Crystal Lake employment law attorney denied insurance claim liens home inspection lawyer Illinois pedestrian accidents CAM Barrington estate planning attorney Chicago attorney insurance dispute attorney icy parking lots Barrington attorney Illinois civil litigation lawyer trucking accident lawyers Chicago trucking accident attorney Illinois insurance claims lawyers insurance disputes Inverness injury lawyer product liability Palatine criminal defense lawyer denied insurance claims distracted driving accident victims Schaumburg drug defense lawyer Chicago estate planning Palatine punch death landlord Buffalo Grove personal injury lawyer probate claims estate tax Palatine injury attorney Deer Park accident attorney back injuries Schaumburg employment law attorneys minimum wage Crystal Lake car accident lawyer Arlington Heights Attorney workers compensation license reinstatement preventing accidents Whistleblower Claims Barrington criminal defense lawyer Schaumburg estate attorney Barrington Traffic Lawyer automated cars healthcare claims changes to mortgage law boating DUI Rolling Meadows drug defense attorney fault based insurance Des Plaines motorcycle accident attorney trustee medical malpractice claims Barrington personal injury lawyer Crystal Lake accident attorney license revocation Forcible Entry Illinois estate planning attorney Super Mario sexual images Arlington Heights wills and trusts lawyers real estate closing Illinois bicycle safety subcontractor guardianship attorney slip and fall accidents jet ski Chicago will attorney pet law Illinois employment laws underfunded trust Illinois registered agent Legal Info Illinois employment law food poisoning Deer Park real estate law firm Illinois medical malpractice case Illinois workers compensation attorney Arlington Heights Traffic Lawyer meal breaks gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys dram shop law pain and suffering Inverness insurance attorney driving hands free device Schaumburg probate attorney marijuana crimes attorney college kids Crystal Lake personal injury attorney no contest clauses right to work workplace sexual harassment breathalyzer test Policy Cancellation Illinois criminal defense attorney hiring employees healthcare personal injury claims Buffalo Grove employment lawyer Illinois traffic accident lawyer speeding Schaumburg wrongful death attorney Rolling Meadows car accident lawyers Do Not Resuscitate living trust vs will traumatic brain injuries FSLA insurance claim denial Retaliatory Discharge Arlington Heights car accident lawyer Illinois corporate lawyer sexual harassment Des Plaines medical malpractice attorney social media after death Illinois trusts attorney Des Plaines drug crimes lawyer residential real estate estate planning trusts Illinois medical malpractice claim defective products lawyer anesthesia errors Arlington Heights medical malpractice lawyer Des Plaines tax law firm Rolling Meadows insurance dispute lawyers bicycle accidents Buffalo Grove traffic attorney Illinois lawyer life insurance BUI license suspension unfunded trust Illinois insurance disputes Arlington Heights employment attorney jet ski accidents Illinois jet ski accident lawyer expungement Rolling Meadows medical malpractice lawyers Arlington Heights insurance attorney Illinois car accident attorney Rolling Meadows DUI lawyer Crystal Lake pedestrian accident lawyer Crystal Lake will lawyer Illinois wrongful termination lawyer Schaumburg criminal attorney traffic laws caretaker rights traffic offenses employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Palatine probate lawyer DGAA Employment Discrimination Law Des Plaines real estate attorney FMLA Fair Labor Standards Act insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Inverness accident lawyer holiday statistics defective products real estate contract underage DUI health insurance dispute internet construction accidents Schaumburg real estate lawyer golf accidents Rolling Meadows tax attorney Buffalo Grove corporate attorney Illinois traffic attorneys bad faith insurance claims Palatine trusts lawyer Schaumburg construction accident lawyer civil litigation Mount Prospect elder law attorney drug possession probate process traffic violations Crystal Lake personal injury lawyer Illinois rollover accident lawyers wage theft Rolling Meadows traffic attorney Home Sale Contingencies Crystal Lake medical malpractice law firm Illinois employment law firm Landlord Tenant Ordinance Illinois traffic ticket lawyer revenge porn Fourth of July Family Medical Leave Act Illinois estate planning law firm insurance adjusters Buffalo Grove real estate attorney Palatine workers compensation lawyer caregiver employee misclassification Buffalo Grove law firm Chicago will attorney, social media platforms, Illinois estate planning lawyer, GM ignition switches Crystal Lake law firm School Visitation Rights Act car crashes Illinois business law atorneys Barrington employment law firm trust payments manufacturing Illinois mortgages traffic deaths Schaumburg Attorney Des Plaines drug lawyer underinsured motorist Arlington Heights lawyer Illinois DUI attorney Arlington Heights trucking lawyer Mount Prospect real estate lawyer disability benefits ACA Illinois boating accident lawyer slip and fall TBI Crystal Lake traffic lawyer Illinois Sales Representative Act Crystal Lake injury attorney Illinois motorcycle accident lawyer foreclosure Crystal Lake employment attorney preventable medical errors estate planning lawyer Attorney Ken Apicella Barrington civil litigation attorney personal injury law firm Food and Drug Administration's Food Safety Modernization Act Palatine corporate law attorneys privacy Palatine real estate lawyer startup company Palatine Attorney Schaumburg personal injury lawyer Rolling Meadows insurance attorney Rolling Meadows accident lawyer controlled substance Des Plaines injury law firm Arlington Heights pedestrian accidents living wills insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Schaumburg car accident attorney Crystal Lake insurance lawyer spinal cord injuries insurance dispute Des Plaines personal injury lawyer Illinois pedestrian accident attorney Schaumburg elder law lawyer problem employees pedestrian accident power of attorney for healthcare senior citizens estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers car crash injuries landlord tenant law modern family estate planning boating under the influence probate claims process Arlington Heights personal injury lawyer Chicago car accident lawyer drunk driving statistics capital gains tax Illinois employment law attorneys dealing with problem employees Rolling Meadows DUI attorney Colin Gilbert Rolling Meadows real estate attorney traffic tickets Deer Park traffic accident attorney appealing an insurance claim motorcycle accident lawyer civil rights violation federal regulations for LLCs eluding a police officer Crystal Lake estate planning lawyer Crystal Lake car accident attorney texting while driving insurance negligence Chicago employment lawyer Palatine construction attorney Illinois insurance claim dispute lawyers real estate Arlington Heights personal injury attorney child safety involuntary manslaughter rollover accidents Des Plaines collections attorney DUI rollover car crashes Schaumburg corporate attorney Barrington employment law attorney Liquor Control Act Long Grove wills and trusts attorneys Arlington Heights injury attorney Illinois personal injury Deer Park motorcycle accident lawyer Chicago traffic lawyer Buffalo Grove traffic lawyers Barrington injury attorney estate plan premises liability vacation home fines wills Palatine traffic accidents taxes Schaumburg employment attorney Barrington drug crime attorney Illinois estate planning Deer Park employment law attorney installment contracts uninsured motorist Arlington Heights TBI attorney construction contracts probate lawyer Long Grove real estate lawyer Illinois employment lawyer Crystal Lake traffic attorney IRS tax attorney Illinois job attorney new real estate form Inverness probate lawyer BAC distracted driving accidents Chicago lawyer Schaumburg medical malpractice lawyer condo Chicago employment attorney Inverness elder law lawyer Kenilworth estate planning lawyer medical malpractice Palatine estate planning lawyer POA Illinois Human Rights Act workers comp business litigation Rolling Meadows marijuana attorney real estate leasing elder abuse Illinois red light cameras Arlington Heights traffic attorney Illinois insurance attorney digital evidence South Barrington real estate attorney insurance agent negligence Home Remodeling Repair Act mortgage trench injuries Illinois insurance claim dispute lawyer fiduciary rule delay life insurance lawyer Jay Andrew living trust benefits homestead rights sole proprietorship Buffalo Grove car accident lawyer Deer Park criminal attorney estate planning for college students medication errors contracts Illinois personal injury attorney privacy laws trauma after an accident personal injury accidents Schaumburg civil litigation attorney license wrongful death pregnant women car accident lawyer insurance attorney insurance denials traffic crimes Deer Park workers compensation lawyer swimming pools Rolling Meadows business lawyer Inverness personal injury attorney Arlington Heights tax lawyer Illinois Transfer on Death Instrument Palatine elder law attorney advance healthcare directive texting and driving trucking accidents Schaumburg insurance lawyers agent Des Plaines insurance attorney medical research Crystal Lake civil litigation lawyer Palatine civil litigation lawyer natural gas explosion IRA benefits pedestrian-automobile accident Illinois insurance lawyer pay when paid contract dynasty trusts

Archive