Ryan Francis Stephan's Answers

Is a tenant bound by a promotion if the terms of the promotion are not included in the lease?

It sounds to me like you may have a valid contract that the new owner/management company is refusing to honor. There may also be implications under the Chicago Residential Landlord Tenant Ordinance. I suggest you contact an attorney for more information on your rights. If you have any questions, we would be happy to speak with you.

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Wrongful Termination

Allen, You did the right thing by standing up for yourself and refusing to violate the law. If you were fired for complaining of illegal activity you may have whistleblower claims as well as claims for retaliatory discharge. If you have further questions about your rights, I'd be happy to speak with you. Ryan

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Tenant/Landlord question

Renee, If you lived in Chicago, the Chicago Residential Landlord Tenant Ordinance applies. In addition to requiring an itemized list, the RLTO also requires your former landlord to hold your security deposit in a separate account and provide you with interest within 30 days of each 12 month period. The Chicago RLTO provides that should your landlord violate the RLTO, he or she may be liable for double the amount of your security deposit plus fees. If you are having problems recovering...

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Does a landlord have the right to keep your deposit without telling you why they kept it? an

No. Pursuant to the Chicago RLTO and Illinois law, landlords are required to provide an itemized statement of damages and dedcutions made from a tenant's security deposit. The failure to do so may result in the return of the full securty deposit, double damages and payment of attorney's fees.

Does salary managers have to work 6 day weeks with only pay for 5?

Whether or not you are exmept from the FLSA and Illinois Minimum Wage Act depends on how you were paid and your job dutues. If you were paid an hourly rate for the five 11 hour days, you are netitled to additional pay and OT pay for the sixth day of work. Alternatively, if you were paid a salary but did not have true "maqnagement" duties you would also be entitled to extra pay for the sixth day and OT pay for all hours over 40 per week. If you have more questions or would like to discuss...

IL landlord tenant laws

If your previous apartment was located in Chicago, the Chicago Residential Landlord Tenant Ordinance may apply. You should review the RLTO, which provides tenants with many rights before you sign any agreement. Depending on the circumstances, your former landlord may actually owe you money if he or she mismanaged your security deposit or committed other violations. If you have any further questions, I'd be happy to speak with you.

Employment, unpaid wages, labor

Your fiance is entitled to time and one half for all time worked over 40 hours per week and may be entitled to liquidated damages. Moreover, California and federal law (FLSA) provides that your fiance may also be entitled to attorney's fees. Therefore, you should be able to locate an attorney to take your case without a retainer. If you have questions or would like a Califronia referral, please contact us.

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Employer retaliation and wrongful termination.

You may have claims under the whistleblower protection act as well as claims for retaliation. While there may not be a federal qui tam claim, there may be state law equivalent. If you have any further questions about your, rights, I'd be happy to speak with you.

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How do other employees of Costco join the class action suit filed in CA for false imprisonment ?

I believe the class action you are referring to is seeking recovery for unpaid wages and overtime under California labor laws for California workers. Therefore, I do not believe it would apply to Costco workers in Montana. If you are interested in seeking to recover your unpaid wages, you could do so under the Fair Labor Standards Act (federal law) or possibly Montana state wage and hour laws. If you have any follow up questions, we would be happy to speak with you.

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Can a employer, without notice take you from salary to commission?

The answer depends on facts specific to your job. However, often times when an employer changes its pay plans from salary to 100% commission, they violate minimum wage laws by not paying the requisite minimum wage for each hour worked and/or fail to pay overtime for all hours worked over 40 per week. If you have any questions, I would be happy to speak with you. Please see my profile for my contact information.

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