Christopher R. Minelli’s Answers

Christopher R. Minelli

Chicago Business Attorney.

Contributor Level 12
  1. Doesn't the plaintiff have to be present during trial,

    Answered about 5 years ago.

    1. Christopher R. Minelli
    1 lawyer answer

    Not necessarily. In Illinois civil procedure, if a complaint is "verified" (meaning the plaintiff swears to the truth of the facts asserted, much like an affidavit) then the court will construe it to be evidence unless opposed by the defendant. Now, if a defendant shows up to trial and wants to cross-examine the claims made in a verified complaint (and a defendant has a near-absolute right to cross-examination in Illinois) and the Plaintiff is not present, the court will likely continue the...

  2. Can a employer suspend you for five days, for somthing another employer said you did?

    Answered about 5 years ago.

    1. Christopher R. Minelli
    1 lawyer answer

    Generally, yes. Most employees are at-will, meaning they are not subject to a formal employment contract. The employee can leave when he or she pleases and the employer can fire / suspend as he or she pleases. An employee of a private employer (versus a public employer, like the state or a city) is not subject to constitutional provisions like "due process" and does not have to provide any such process before disciplining an employee. The exceptions to this would be (1) if you are a...

  3. Can I sue someone who has been paying on a loan for 6 months but has not been paying the agreed amount in our contract?

    Answered about 5 years ago.

    1. Christopher R. Minelli
    1 lawyer answer

    The answer depends on the contract that was entered into between yourself and your former boyfriend. Contracts relating to debt usually require language that "advances" the entire amount due under the contract if an agreed payment is not made on time or is not made in the proper amount. Without this language, a court will potentially see the contract as "executory" (meaning not completed) and will require you to wait until a time when all the payments have been missed. If you desire a suit,...

  4. I think my former boss is preventing me from getting another job, can I take legal action?

    Answered about 5 years ago.

    1. Christopher R. Minelli
    1 lawyer answer

    The law in this area is murky at best and is heavily fact-oriented. Generally speaking, what you are looking at is some type of slander or libel claim. In Illinois, these are all bunched under the general tort of "defamation." The employment context makes it tricky because generally a bad review from a former boss is an opinion, versus a defamatory fact, and whether or not the opinion is actionable depends on what specifically was said, how it was phrased, and how Illinois cases have handled...

  5. What happens to a first time arrest of identity theft and unlawful use of credit card?

    Answered about 5 years ago.

    1. Christopher R. Minelli
    1 lawyer answer

    The answer really depends on the prosecution and what they recommend to the Court... Illinois does not have a "schedule" of punishments like federal courts do, so the judge has much more discretion. I would HIGHLY recommend hiring an attorney to represent you, especially if you want a career in business. Most licensed professions in Illinois require background checks and crimes involving, fraud or dishonestly are usually red flags. NOTE: This answer is not intended to be legal advice...

  6. Do I have any right to my deposit money if the developer has sold my condo unit?

    Answered about 5 years ago.

    1. Christopher R. Minelli
    1 lawyer answer

    It depends greatly on the written agreement you had between the developer and yourself. The agreement, if drafted properly, should note when you are entitled to your security back and how to go about getting it. Also, many (if not most) agreements would have a "financing contingency" built in that nullifies the contract if a buyer is unable to obtain financing. A lawyer (upon reviewing your agreement) would be able to give you more specific advice. Absent such a contingency or written...

  7. Its this an aggravated felony?

    Answered about 5 years ago.

    1. Christopher R. Minelli
    2. Kevin Lawrence Dixler
    3. Howard Woodley Bailey
    3 lawyer answers

    The "aggravated" in aggravated felony depends on the statutory language of what you were charged with. According to the Illinois Penal Code of 1961, there is a small list of felonies that can be aggravated felonies, and statutory theft is not one of them. The felony status of your crime is determined by the value of what you allegedly stole. NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client...

  8. Work not done

    Answered about 5 years ago.

    1. Christopher R. Minelli
    1 lawyer answer

    Generally, Illinois does recognize oral contracts. It is possible that you could take him to small claims court, but it may not be cost-effective. The filing fee is almost 1/2 of what you are asking for in addition to service of process fees. Make sure you look at the FAQ's section of the Cook County Circuit Court website to get information on filing a small claims action pro se. Another question to ask yourself -- if you win, does this guy have the money to pay you? Sometimes people...

  9. What are the laws for the return of a security deposit if I rented their home? Signed the lease at real estate office.

    Answered over 5 years ago.

    1. Christopher R. Minelli
    2. Salim John Sheikh
    2 lawyer answers

    In the absense of a specific statute, the lease will control. In Illinois, a lease is a contract and is interpreted by contract principles. Contracts may have stipulated damages, but such damages must bare some relation to actual loss by the non-breaching party or else the damages will be unenforced as a "penalty." The question here is whether the security deposit would be considered damages or a penalty under the law. Visiting an attorney would be recommended, as the attorney would be...

  10. In IL, who should I sue to obtain my security deposit if the unit was being managed by a realty group on behalf of the owner?

    Answered over 5 years ago.

    1. Mark Aaron Silverman
    2. Salim John Sheikh
    3. Christopher R. Minelli
    3 lawyer answers

    In addition to the above answers, the proper party / parties for such a suit should be those listed on the written lease. Illinois law considers a written lease to be as much of a contract as a property conveyance. In addition to the RLTO definition of landlord, a court would likely find the named parties (getting a benefit from your tenancy -- namely rent) on the lease would be a proper party. Good luck! NOTE: This answer is not intended to be legal advice and should not be construed...