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Lori D. Ecker

Lori Ecker’s Answers

10 total

  • Do I have access to my employee file after termination

    I got fired after three years one write up happened about 7 months after I was.There which was a cash and carry for a quest walking out no.other write ups or disciplinary actions

    Lori’s Answer

    You may receive copies of your personnel records within one year of your termination. More importantly, the law requires your ex-employer to provide you with all documents that reflect the reasons for your termination, even if they are not maintained in your "official" personnel file. This includes emails and notes that your supervisor may have kept in his or her work area/desk. If you search for Illinois Personnel Record Review Act, you should see the www.ilga.gov pages where the language of the law is set out.

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  • Can my employer legally enforce liquidated damages if I quit? (Illinois)

    I am an educator. My contract states in explicit terms that I am an at will employee. The contract also has a termination clause, where it says If I quit before the end of the contract, I will owe 10% of my salary as liquidated damages to cover my...

    Lori’s Answer

    At-will employment, by definition, means that either the employer or the employee may terminate the relationship at any time, for any reason. Penalizing you for ending the contract seems to contradict your at-will status. I agree that you should contact a plaintiffs employment lawyer to discuss the circumstances of your signing this contract.

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  • Did my employer violate equal opportunity laws when filling a position at work?

    i feel i was not given an equal opportunity to a job promotion. I had applied for a position within the company i work for and i had a solid performance record and had been employed by the company for over a year. Before the position was filled i ...

    Lori’s Answer

    Failure to promote and failure to hire cases are generally very difficult to prove, even when you believe that the decision was motivated by discrimination. I suggest that you contact one or more of the store management team members and ask what you should be doing (classes, training, taking on projects, exceeding certain performance indicators, etc.) to best position yourself for a promotion. If appropriate, you may wish to ask a manager to be a mentor to you to help you move up in the organization. Contacting a plaintiffs employment lawyer to counsel you behind the scenes may also assist you to build a case of discrimination and/or retaliation over time. If you are adamant that you have been discriminated against and you want to pursue that claim, you need to get a charge of discrimination on file with the EEOC or the Illinois Department of Human Rights in a timely fashion. You can do that with or without retaining an attorney.

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  • Hi, I have a employer who is not paying me. I need a demand letter but I live overseas now.

    my employer payed me cash and check tax free. It's been over a month I need advice on who can write me this letter in Chicago , while I'm overseas .

    Lori’s Answer

    One option would be to go on line to the Illinois Department of Labor website and file a complaint: http://www.illinois.gov/idol/Pages/Complaints.aspx That might encourage a settlement. If not, at some point, the department should hold a hearing to determine whether you are owed wages.

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  • Can my employer fire me for being pregnant after less than 12 months of employment?

    Does Illinois law protect pregnant women who have been hired for less than a year? I was hired a few months ago and my boss gave me a two weeks notice without any convincing reason. Everyone at work is happy with my performance and I received a ve...

    Lori’s Answer

    You cannot be fired for being pregnant. Did your boss know you were pregnant when you were hired? Were you fired in 2015? You should contact a plaintiffs employment lawyer to have your situation evaluation.

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  • Can my boss fire me for even if the doctor specifically told me it was safer not to?

    I work in a call center making out-bound cold- calls for a small, privately owned home furnishing and remodeling showroom. Recently, I received a bad case of the flu and a sinus infection all at once. After calling in sick the first day, I went t...

    Lori’s Answer

    The Family and Medical Leave Act protects employees with a serious medical condition who have been employed for at least 1 year with an employer who employs 50 or more employees. Here is a link to the U.S. Department of Labor's website. http://www.dol.gov/whd/fmla/ I agree that you should also consult any employee handbook that may exist. Communication with your employer is key, as soon as you know that you need to take off a couple of days, during your absence, and on your return.

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  • Can I get denied employment because I'm a convicted felon?

    I don't know exactly what my rights are, I heard it depends on the position and the crime I committed. But when I applied to a temp agency I got denied over the phone, saying they do not work with criminals. I understand that I made a stupid decis...

    Lori’s Answer

    Using criminal background information may violate Title VII of the Civil Rights Act of 1964. See the U.S. Equal Employment Opportunity's website: http://www.eeoc.gov/laws/practices/inquiries_arrest_conviction.cfm

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  • Tattoos in the workplace

    I work for a grocery store in Illinois & have flower tattoos down one arm. I always kept them covered by wearing a long sleeved shirt underneath my cashier shirt. The company is now forcing me to wear a thick sweatshirt over my cashier shirt to co...

    Lori’s Answer

    If you are a union member, you should consult your local. Otherwise, you will need to keep your tattoos covered. Perhaps you can think of other ways to keep your tattoos covered and convince your managers that they are acceptable means. Unless your tattoos have some First Amendment protection, which flowers likely do not, employers are entitled to enforce grooming and appearance standards. They just have to do that consistently without discriminating against any protected class.

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  • Does my employer have to give me time off work to take a missions trip with my church?

    I heard that there was a law saying that they had to give me time off work to take a missions trip with my church.

    Lori’s Answer

    How many days is your trip? If you have vacation days, you should be able to use them unless approving your time off would cause the employer an undue hardship.

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  • What can I do?

    I was recently fired from Lowes based on the fact my dept manager had found some lewd pictures in my personal email account (which I have no idea how he got into). The email in question was never opened by me (was in the spam folder) inside the st...

    Lori’s Answer

    I would be interested in knowing what if any written policies the Company has on email/computer use and whether they have specifically reserved the right to monitor emails. I would also be interested in learning whether you know whether other employees' emails are routinely monitored and whether employees are always terminated when inappropriate emails are found.

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