Kevin Patrick Camden’s Answers

Kevin Patrick Camden

Downers Grove Employment / Labor Attorney.

Contributor Level 7
  1. Can an employee be fired for drinking alcohol in his car during lunch break

    Answered about 5 years ago.

    1. Kevin Patrick Camden
    2. Salim John Sheikh
    2 lawyer answers

    If there is zero tolerance policy at his workplace, I see little hope, especially if he admitted to drinking. Secondly, what is his disciplinary history? If it's clean, he may be able to work out a "last chance" agreement in lieu of termination or discipline. Use the union rep's experience to help him.

  2. My position was eliminated conveniently after confronting management of unfair treatment. EEOC said can't prove. Can I pursue?

    Answered about 5 years ago.

    1. Kevin Patrick Camden
    1 lawyer answer

    Did you file a charge with the EEOC? If so, was it denied? If it was, did you receive a right to sue letter? If you received a "right to sue letter", you need to file a private lawsuit in federal court.

    1 person marked this answer as helpful

  3. Do I have any recourse against my employer for targeting me because I had a workers' comp claim?

    Answered over 5 years ago.

    1. Kevin Patrick Camden
    1 lawyer answer

    From the brief description, you may well have a retaliation claim. All other things being equal, if you suffered a negative action regarding your employment solely because you suffered an on the job injury and/or filed a workers compensation claim, you may well have a strong retaliation case. I would seek counsel from a lawyer in your area about workers compensation claims/retaliation claims for filing a workers compensation claim.

    1 person marked this answer as helpful

  4. What claim do I have against a prospective employer who contacted my present employer who now shuns me ??

    Answered over 5 years ago.

    1. Kevin Patrick Camden
    2. Alan James Brinkmeier
    2 lawyer answers

    Not much, unless the present employer disparaged you or made false statements about you, which will be quite difficult to prove. If your current employer is harassing you or making the workplace "hostile", you may be able to seek relief from the EEOC or your state's companion agency, if any.

    1 person marked this answer as helpful

  5. Can your employer take monies from your check?

    Answered almost 5 years ago.

    1. Kevin Patrick Camden
    1 lawyer answer

    As a rule, if you are salary, and employer cannot take unilateral deductions from your pay without a court order or your agreement. If you are hourly, you are only being paid for the hours you are working. If you are salary and the employer is doing this, the employer runs the risk of losing your exemption as "salaried" under the FLSA and may be forced to pay your hourly, including overtime.

  6. Can a previous employer in the state of fl give your salary info to a prospective employer call for a reference?

    Answered almost 5 years ago.

    1. Kevin Patrick Camden
    1 lawyer answer

    In Illinois, the answer would be yes, the information can be given.

  7. Can a former employer give personal opinions and negative references to a prospective future employer?

    Answered almost 5 years ago.

    1. Kevin Patrick Camden
    1 lawyer answer

    Most employers will not give out negative information for fear of being sued for defamation (slander). The fact that your former employer is doing so and others are telling you that is the case leads me to believe you may well have a cause of action for slander. They are saying disparaging things about you, you are not getting jobs because of it and you can show that was the reason. Find a local lawyer and consult him or her, as my answer is based solely on the limited facts you are sharing...

  8. How and who do i prove unfair labor practice to?

    Answered about 5 years ago.

    1. Kevin Patrick Camden
    1 lawyer answer

    First, did you have a contract? If so, you may have a just cause for termination, meaning you can't just be "let go". If not, were you terminated for cause? Second, are you a union member? If so, you may have grievance rights and I suggest you contact your union. Third, an unfair labor practice is a charge filed against a union or management by a union, so I do not think that is what you are looking for.

  9. Real Estate question

    Answered over 5 years ago.

    1. Robin Mashal
    2. Kevin Patrick Camden
    2 lawyer answers

    Probably not. More importantly, have you ever purchased a home? If so, you are definitely not eligible, although if a spouse has not purchase a home (no name on mortgage or deed), he/she may be able to qualify.