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Diana S. Brodman Summers's Answers
- 84 Legal Answers
- 2 Legal Guides
3
Attorney answers:
Are there any other options if my credit card refuses to lower finance charges and interest rates
None. You and the rest of the working people in the US are troubled by the same rules which favor the credit card companies. This legal benefits to the credit card company has been allowed by our Federal and State elected congress-people who have allowed these horrid rules. About a year ago there was a congressional hearing in Washington DC about these types of practices, congress did nothing to help the voters!!!! Credit card companies can and do raise interest rates to these high...
4 people marked this answer as helpful
2
Attorney answers:
Can a employer run a new background check after 5 yrs of employment
There is no direct law either state or federal, which prohibits this as long as the intent was not due to discrimination. It is not unusal for an employer in a take over, when re-structuring the company, or when combining several hr offices to review all the files. If you believed that the intention of the employer was due to discrimination based on age, sex, race, ethnic origin, nationality, religion, disability, marital or military status, you would have had 300 days (counting weekends...
2 people marked this answer as helpful
1
Attorney answers:
Can an employer make me pay back cash that I was short?
A non-government employer can set their own rules and policies. So the legal answer is yes you can be held legally responsible for the lost money. It may be that the policy on this is that it is up to the immediate supervisor to decide if the the money should come from the employee. Just because you cannot find a wirtten policy, does not mean that there is not one that covers this. It could be that this type of policy is only provided to those in managment. It could be that upon the...
2 people marked this answer as helpful
3
Attorney answers:
Employment/Labor Can an employee be fired for talking to a terminated employee outside of work hours?
Under Illinois law these restrictions may be upheld and YES in some cases the Illinois employer can tell their employee's what to do on their own time. Illinois is a pro-employer state, with most of the laws giving the upper hand to the employer. An employer in an at will situation (no union or other contract) can set up rules or policies that the employees must follow. Illinois courts only look at if the rule or policy is discriminatory by age, sex, race, ethnic origin, religion,...
2 people marked this answer as helpful
3
Attorney answers:
Libel slander laws in IL, liability of co worker's statements
The key to proving a defamation or slander case in Illinois is to be able to show a financial loss or a potential financial loss. Looking at the facts you provided, as long as your employer does not believe these lies from the co-worker you have suffered no actual loss. In fact the co-worker has caused herself more harm by looking like a liar to HR. Taking any case into court can not only be expensive to you, but could potentially involve your employer in the litigation. Since the...
2 people marked this answer as helpful
1
Attorney answers:
Can an employer re-fill my job position which was eliminated due to economic layoffs?
That is not necessarilly true. Some union contracts may require a time limit on filling a job, they also may require recall rights for the employee. Those not in a union, at will employees, have little protection regarding a layoff. Now, if you believe that you were discriminated against by age (over 40), race, sex, color, nationality, ethnic origin, religion, disability, marital or military status, you may be able to file a discrimination complaint with the EEOC. If applicable, you...
1 person marked this answer as helpful
1
Attorney answers:
Would this fall under wrongful termination. Would I have a case?
Under Illinois law unless the employee is working under a union contract or a written employment contract the employee is an 'at will' employee. At will employees can be terminated for any or no reason, with or without notice, fair or unfair. The only protection for an at will employee is discrimination. If the employee was terminated due to discrimination of age (over 40), race, sex, nationality, ethnic orign, religion, disability, military or marital status they may be able to file a...
1 person marked this answer as helpful
2
Attorney answers:
Employer change their status on my termination now that I asked for unemployment?
It is very, very common for an employer to "change" the facts of a termination when it comes to an unemployment benefits claims. In Illinois about 85% of all employers fight unemployment benefits. Why? First because it will cost them in taxes to the state and second because it is so easy for the employer to do. Under the rules of IDES a person generally cannot get unemployment benefits if they quit or if the employee commits misconduct. Misconduct under IDES has a very special meaning...
1 person marked this answer as helpful
2
Attorney answers:
Is this a basis for a wrongful termination suit?
First the decision by IDES (unemployment) will have zero bearing on any other litigat6ion. Why? Because IDES runs on its own set of laws. Misconduct, a 602 A violation, is very specific to a particular rule in the Illinois Unemployment Act. So the IDES decision is useless to prove anything else. If you are an at will employee, that is not under a union or employment written contract, your employer is not bound by their own policies. Unfair? Yes, but Illinois laws are pro-employer and...
1 person marked this answer as helpful
2
Attorney answers:
Blagojevich unemployment- is he even eligible in IL?
Good and timely question. Let's talk infor for all employees: Part of obtaining unemployment benefits is having the IDES investigator hear from both the employee and the employer. If the employer can make a case for "misconduct" the employee can be denied unemployment benefits and can appeal. MISCONDUCT in IDES means that the employer 1. has a rule which effects the bottom line; 2. the employee knows of that rule; 3. the employee violated that rule and was warned if they do it again they...
1 person marked this answer as helpful