Schaumburg Employment Law Lawyer
Talk with an Employment Law Lawyer Schaumburg, IL Trusts if Your Rights Have Been Violated
You are a hard worker and take your career seriously. When you find out you are being fired and believe the reason is invalid, calling an employment law lawyer in Schaumburg, IL, may be a good idea. In a situation like this, time is of the essence. Waiting to see what happens can result in a loss of valuable evidence or other details.
Choosing the right lawyer is equally important. You want a lawyer who has a vast understanding of state and federal workers’ rights laws, as well as employment rules and regulations. You want a lawyer who has a sound, track record of holding employers accountable for their wrongful actions. You should have Bott & Associates, Ltd., on your side.
Our firm has successfully represented many workers in both state and federal courts throughout the state. In our experience, we have recovered millions of dollars for employees who were the victim of wrongful termination. If you have been terminated, and believe it was unlawful, call an employment law lawyer in Schaumburg, IL. You will have the opportunity to speak with a lawyer who can listen to what happened, address your concerns, and answer any questions. If you have a case, we will help you understand the next steps you need to take. Call Bott & Associates, Ltd., now.
What is wrongful termination?
Illinois is an at-will employment state. This means they do not have a free pass to ignore or violate your legal rights. They must also follow state and federal employment laws at all times.
Wrongful termination is considered a type of firing that includes at least one violation of a state or federal employment law. It can also occur if it implicates public policy. If one of the following is applicable to your firing, your employer may be held responsible:
- You are a member of a protected class, such as gender, race, religion, national origin, age, disability, military status, and more
- You were engaging in a protected activity, such as taking leave under the Family Medical Leave Act, workers’ compensation, reporting fraudulent business practices, or refusing to engage in an activity that is deemed illegal
- You are being retaliated against for reporting discriminatory actions or engaging in other activities that are protected
As an employment law lawyer in Schaumburg, IL, we have handled wrongful termination cases involving:
- Gender Identity
- Health Conditions
- National Origin
- Military Status
- Employees who are on medical leave
- Employees who have a medical restriction
- Retaliation against employees who’ve filed a complaint against the employer
- Retaliate against employees who filed for workers’ compensation
If you have been terminated, please call Bott & Associates, Ltd., to speak with a Schaumburg, IL employment law lawyer. We can help you to understand if you have a valid claim. There can sometimes be unique situations that give you a claim, while other times it may not work out. Either way, it is important to contact our law firm as soon as possible to make sure you get the help you need. We will gather all of the information we need and dig deeper into your individual case, if necessary.
Let Bott & Associates, Ltd., Fight for Your Legal Rights
We know how upsetting it can be to lose a job, especially if it was done unlawfully. Chances are that your employer has hard-working lawyers ready to fight for them. Let us help you to protect your rights. Call an employment law lawyer in Schaumburg, IL today. Call Bott & Associates, Ltd. The sooner you reach out the faster we will be able to help you figure out what your
Common Myths About Wrongful Termination
If you’ve recently been fired from your job, you may wonder if your termination was illegal or not. There are many misconceptions about wrongful termination, so it’s easy to get confused. Here are some common myths about an employment law lawyer in Schaumburg, IL wants you to stop believing.
- Any Termination That Seems Unfair is Illegal: When you believe that you have been fired unfairly, it’s understandable that you may want to seek justice. However, just because a firing seems unfair to you doesn’t mean it’s unlawful. In the state of Illinois, it’s only considered unlawful if an employer fires you for discriminatory reasons, blowing the whistle on illegal acts and asserting your rights under certain statutes.
- You Can’t File a Lawsuit If You’re a Contractor: If you work as an independent contractor for a company, you may assume that you don’t have any employment rights. Fortunately, you are still protected from wrongful termination. If you have reason to believe your employer fired you for an unlawful reason, such as for your race or ethnicity, you should get an employment law lawyer in Schaumburg, IL involved.
- You Can’t Sue If You Quit: Unfortunately, many people believe that if you quit your job, you lose the right to sue your employer. However, if you felt the need to leave your job was because you were in a hostile or dangerous environment, you can still pursue a lawsuit against your employer. It is a good idea to talk to a lawyer about your situation to see if you have a good case or not.
- Anti-Discrimination Laws Only Protect Minorities and Women: Anti-discrimination laws indeed protect minorities and women in the workplace. However, they aren’t the only ones who receive protection. These laws also protect employees who are being discriminated against for their age, religion, citizenship status, and marital status.
- My Employer Will Likely Make a Settlement Offer Soon: Although it would be nice if it were that easy, it usually isn’t the case. Many employers won’t be willing to offer a fair settlement immediately, even if there is sufficient evidence against them. That is why it is best to hire an experienced employment law lawyer in Schaumburg, IL, as soon as possible. He or she will present your case in the best light and improve your chances of receiving a fair settlement.
Ways Businesses May Try to Avoid Wrongful Termination
A wrongful termination claim is going to be filed by an employee who feels that they were fired for inappropriate or illegal reason. They can claim wrongful termination for reasons such as violation of federal and state antidiscrimination laws, violation of the written or oral employment agreements, violation of labor laws, praying is a form of harassment, firing and retaliation to an employee’s complaint or claim against his or her employer.
However did you know that there are things businesses can do to avoid a potential lawsuit, which can lead to you needing an employment lawyer to help you figure out if you were wrongfully discriminated against and therefore wrongfully terminated. In fact many small business owners are going to be dreading the possibility of a wrongful termination lawsuit as it could put them out of business. It is likely that you as an employee will experience wrongful termination in your lifetime, however not every business is out to get you.
Knowing the ways that businesses may work to avoid wrongful termination claims from an employee can help you work with your employee lawyer to ensure that if you have a claim it’s being paid attention to.
Your employee is going to be documenting everything as thoroughly as possible. They’re going to consistently document the performance of all employees and provide regular appraisals on your performance. Often times this leads to discussions about performance with employees so that they can improve themselves or not. As an employee you should do the same thing. Document your workplace, document how you work as a team document every time you speak to your employer about your consistency and place within the team that you work on. By doing this it gives you a bit of leverage if you are wrongfully terminated in your employee claims they’ve documented everything thoroughly to prove that they did not wrongfully terminate.
Your employer is also good to have employee termination guidelines in place. These are often written guidelines that outline the exact processes that they will follow in terminating an employee or eliminating positions. You should know these policies and guidelines by heart, and have a right have them written down somewhere for you to read and refer back to. If you are being terminated you want to make sure that your employer follows the guidelines in their own handbook otherwise you have a case.
Your employers can have expectations in there to make sure that you know them. You should write these expectations down and if you can track your progress on meeting these expectations. By tracking your own goals and how you are meeting your employer’s expectations you can usually uses in a lawsuit if your employer says you did not meet their expectations and they have some form of proof
Employment Law FAQ
As our Schaumburg, IL employment law lawyer will explain, this area of the law is highly complex. Below are some general answers to common questions. We recommend calling our firm for further guidance on your specific situation. We represent clients throughout the state.
I am experiencing sexual harassment at my workplace. What should I do now?
You should never have to put up with any kind of harassment. Before you decide to pursue your legal options, you should talk with a lawyer. Depending on what is going on and the circumstances of the situation, you may be required to report the issue internally, according to HR’s policies. Sometimes, you will have to pursue the matter before state commissions. We will help you to understand what options are available and what you should do next.
My employer won’t give me leave, even though I qualify under the Federal Family and Medical Leave Act. What can I do now?
If you believe your FMLA rights have been denied or violated, whether it be by denying your request, refusing to take you back, demoting you, or firing you, you may be able to file a legal claim. The first step will be to review your case. Please call our Schaumburg, IL employment law lawyer.
My employer is practicing illegal or unethical conduct. Should I report it?
When an employee reports illegal or unethical conduct in the workplace, they are known as a whistleblower. Whistleblowers are federally protected, and depending on the issue, may be entitled to monetary compensation. Before you take any action, please speak with our law firm. We’ll listen to what you have to say and help you to understand how to protect your livelihood.
Will I be fired or demoted for enforcing my rights?
By law, your employer cannot retaliate against you. Unfortunately, it does happen. Our firm has known of stories in which an employee was suspended, demoted, treated unfavorably, or terminated. If you feel that you have been the victim of retaliation after enforcing your rights, call a Schaumburg, IL employment law lawyer.
I was wrongfully terminated. Do I have any legal options?
In short, it depends. Wrongful termination tends to apply to a limited number of situations. For instance, if you were terminated after enforcing your rights. We can review your case and offer you a practical and realistic assessment of whether you have a legal claim.
My employer is trying to stop me from getting another job. Is there anything I can do?
In general, you cannot be blacklisted by your employer. Your employer cannot supply defamatory references. If this has been a violation on the part of your employer, you may have legal options. Let us listen to what is going on and see if we can put an end to it.
I don’t have any proof, but I believe I was fired because of something that is not within my control. Can I still have a case?
Yes, you may still have a case. It is important to speak with an experienced employment law lawyer who knows the ins and outs of the employment laws in Illinois. Sometimes discrimination or unethical practices in the workplace are more subtle than blatantly obvious, but a lawyer who has been in this field for quite some time will understand what the next steps need to be and how to execute them. Your lawyer will stay with you each step of the way and know what little details to look for in an employment law case. He or she may even decide to investigate the company as a whole. Don’t worry — your lawyer will not do anything without your permission, but it would be unethical for your company to fire you for something that you do not have control over, like the way you look, your gender, or a disability. There are always exceptions to rules, so it is crucial to speak with someone who is experienced in the field about your unique circumstance.
Do You Have Other Questions? Get the Answers You Need.
Bott & Associates, Ltd. is an experienced, respected employment law lawyer in Schaumburg, IL. If you have any questions or concerns, call Bott & Associates, Ltd., today.
Do I have a Case for Retaliation from Work-Related Injuries?
Our employment law lawyer Schaumburg, IL, relies on for support has witnessed the impact that work-related injuries can have on a person. In the wake of an accident, experiencing employment discrimination in the form of retaliation can feel like a slap in the face. If you have experienced retaliatory efforts such as reduced hours, lesser pay, or job loss, you may need to contact our team from Bott & Associates, Ltd. Once our team reviews your case and understands the accident and the retaliation that occurred, we can assist with helping to take the proper steps forward.
The Benefits of Workers’ Comp
Workers’ compensation provides benefits to workers who are injured while performing job-related duties. This is a mutually beneficial program for both employee and employer. The employer is protected by the possible financial ruin of costly lawsuits and litigation, while the employee receives benefits that include:
- Protection from Retaliation
- Medical Coverage
- A Portion of Lost Wages (typically 66%)
When an employee has been injured on the job, it’s critical to consult with a lawyer before moving forward. They can assist with making sure that you receive the benefits from workers’ compensation that you deserve and that everything runs as smoothly as possible.
Types of Work-Related Injuries
Our employment law lawyer serving Schaumburg, Illinois, knows that managing work-related injuries can, at times, be complicated, especially when the injuries are so severe that you must miss an extended period from work. These injuries are often unexpected, and as a result, the financial impact can be sudden, making it difficult to cover some of these losses. Work-related injuries can occur in any work environment; even people working in offices stand to face injuries while at work. Common work-related injuries that may require workers’ compensation include:
- Slip and Falls
- Equipment Accidents
- Equipment Malfunctions
- Repetitive Motion
- Toxic Chemical Exposure
- Auto Accidents
While these injuries will likely require medical attention, it’s essential to report the injury to your employer and seek medical care immediately (even if you do not believe you have been injured). Taking these steps ensures that you receive proper care and that your workers’ comp case moves as smoothly as possible.
Managing Retaliation for Work-Related Injuries
In Illinois, an employee cannot be retaliated against for exercising their right to workers’ compensation following a job-related injury. While it’s illegal to be retaliated against, an employee can receive this form of treatment after a job-related accident that requires workers’ comp. Common examples of workplace retaliation include:
- Job Loss
- Poor Treatment
- Pay Deductions
- Reduction in Hours
If you think you are facing retaliation because of a workers’ compensation claim you made, it is important to speak with an employment law lawyer in Illinois right away. Retaliation can come in so many different forms, so speaking with an experienced lawyer is your best bet to attempting to seek compensation for this.
Contact Our Law Firm Today
If you believe you are being retaliated against, our team wants to assist you in taking the proper steps in managing your case. We will work with you by reviewing your case and strategizing next steps while protecting your rights every step of the way. Our team from Bott & Associates, Ltd. can determine if you have enough evidence to prove retaliation occurred. To learn more about the work we do and what you can expect from our team, schedule a consultation with our Schaumburg, IL employment law lawyer.
Working with an employment law lawyer Schaumburg, IL, is one of the best steps people can take if they experienced a violation of their workplace rights. Employers should take measures to ensure that they have not violated their employees’ rights for many reasons. When this occurs, it may result in legal issues. There are many protections in place for employees to ensure that they are treated fairly in the workplace. Should an employee experience discrimination, or unfair treatment, they may be able to take legal action. Taking the proper steps will be critical, and Davis and Brusca, LTD, can help. Start the process by taking the time to find a lawyer who is experienced and prepared to take your case on.
Protections for Employees
In the past, an employee had little protections or rights, and as a result, they were at the mercy of their employer. Today, there are labor protection laws in place for employees to ensure that they are treated fairly in the workplace. These laws include:
- Fair Labor Standards Act (FLSA)
- Occupational Safety and Health Act (OSHA)
- Social Security Act (SSA)
- Americans with Disability Act (ADA)
- Civil Rights Act of 1964
- Whistleblower Protections
- Workers’ Compensation
These laws are in place to ensure that employees are treated fairly. If you believe that your employer violated labor protection laws, it may be in your best interest to take immediate action with an employment law lawyer in Schaumburg, Illinois.
Take the Proper Steps
If your rights were violated by your employer, it can be hard to know what to do next. Employment law can be complicated, and while it should come as no surprise that legal representation will be necessary, the following are steps to take for moving your case forward:
- Understand employment law. If you believe your rights have been violated, do your research to understand your situation better.
- Keep a detailed account of events that transpired and everything in the days and weeks to come.
- File a complaint with your employer.
- Contact a lawyer as soon as possible. This provides several advantages. Not only can they support you in building your case, but they will also work to protect your rights and help outline the next steps.
- Determine whether you should file a complaint with the Equal Employment Opportunity Commission (EEOC).
When a person’s rights are violated in the workplace, they should take action. No person should be left to face the impact of employment violations. The time to act is now by contacting an experienced lawyer in Illinois that you can trust.
Find a Lawyer
Taking the time to find an employment lawyer is important to ensure that victims receive the legal guidance they deserve. Legal representation will be essential to receiving a positive outcome for your case; find a lawyer by:
- Asking people you know for referrals
- Researching experienced lawyers in your area
- Contact the state bar association
- Conduct online research of prospective attorneys
- Ask attorneys about case outcomes
- Schedule a consultation
- Carefully prepare for the consultation as you will have limited time to ask questions and have your case reviewed
Bott & Associates, LTD offers complimentary consultations for individuals who have been mistreated in the workplace. No person should be left to manage violations of their rights without a lawyer’s assistance to guide them. We are prepared to protect your rights. To get started, contact The Law Offices of our Schaumburg, Illinois employment law lawyer as soon as possible.
If your Illinois business has more than one employee, you have probably considered drafting and distributing an employee handbook. Employee handbooks can be more than a quick summary of workplace dos and don’ts; they can present a quick way to resolve disputes between management and other employees, and they can also be a way for the employer to satisfy some legal notice requirements. In order to ensure you are complying with all state and federal employment laws, consider having an employment law lawyer in Schaumburg, IL assist you in putting this handbook together.
What is the purpose of an employee handbook?
The most important purpose of an employee handbook is to provide the employees with a summary of the policies that will apply throughout their employment relationship with the business. Other important policies such as the employer’s sexual harassment, discrimination, and disability policies may also be given to employees in an employee handbook.
Additionally, if the employer seeks to enforce a policy and impose discipline, it is best if the text of the policy was previously provided to the employees in writing. It is also important for the employer to ensure that if the policy is provided to all employees and is applicable to them equally, then it should be enforced equally in order to avoid or at least limit claims of discrimination.
Are there disadvantages to having an employee handbook in place?
One major disadvantage of an employee handbook is that the employee can make an argument that the employer should be held accountable for any obligations it undertakes in the handbook. In some cases, the employee can argue the handbook serves as an express or implied contract that should be enforced against the employer in case of a dispute on terms. This is why it is crucial to consult with a Schaumburg, IL employment law lawyer to ensure that the handbook is drafted in such a way that any obligations the employer agrees to are ones that the employer is ready to undertake.
What other issues need to be considered with employee handbooks?
An employer also has to keep track of legal developments that may make some parts of a previously distributed handbook outdated. While keeping abreast of legal changes may be expensive, whenever there are major changes to the law that affects employees, the employer should ensure that the handbook is accurately updated and that a new copy or copies of the relevant portions are distributed to the employees. It can be hard to hold employees accountable for failure to abide by new policies if they were not notified of the changes beforehand.
Contact Us for Legal Assistance
It is possible for an employer to include the wrong information in an employee handbook and end up with legal problems as a result of this. Before distributing an employee handbook to your employees, no matter how simple you think the contents are, you should have it reviewed by an experienced Schaumburg, IL employment law lawyer who can point out any errors or loopholes that could put your business at risk. Contact Bott & Associates, Ltd. for a consultation today.