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Antoinette Choate

Antoinette Choate’s Answers

73 total


  • Can I be fired for a no win situation?

    Was loading at refinery, process takes 20 to 30 minutes, was under doctors care for enlarged prostate. Had to urinate, no bathroom in immediate area. Had 4 choices, my companies policy don't push the red button to stop the process or you will be...

    Antoinette’s Answer

    This is flagged as an Illinois situation, but you referenced Missouri. You may want to re-list your question in a category in the state in which you worked.

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  • Is the following situation even legal?

    Lawyer Q: My mother works for a grocery store chain. She is in her 60's, a diabetic, and just got transferred to a store that requires a 2 hour commute. Her Store Director is fully aware of this, and the fact she has no help in the departme...

    Antoinette’s Answer

    Your mom should speak to an Illinois employment lawyer immediately. There are several issues that are touched on in this situation - discrimination, possible accommodation issues, etc. There are limited windows (statute of limitations) in which to bring a claim. Also, how she handles this would vary depending on her goals.

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  • What is my obligation to protect staff when a staff person tells me not to allow her husband on premises?

    The staff person is planning to separate from her husband soon; per her account he has been physical with her in settings outside of the home; we are small with a receptionist and a buzz in system where you cannot see who is entering the building;...

    Antoinette’s Answer

    You should speak to an attorney promptly about this. Yes, the employer must protect from known dangers as stated earlier, and It sounds like the employee may be protected under VESSA, so the employer should learn more about its obligations to the employee.

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  • I'm 5mos pregnant and my doc give me a note for light work but my employer won't accommodate. Do I have to accept FMLA w/o pay?

    I'm 5 months pregnant I've worked at a mass transit company as a para transit for 11 months just one month shy of my 12 month probation my doctor gave me a note stating that I could do light work and my employer said that I have to take FMLA inste...

    Antoinette’s Answer

    You should speak to an employment lawyer about this matter in light of the new Illinois law. How to best approach the situation can vary based on your goals, the people involved, and other factors.

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  • Can a restaurant keep waitress tip money for all tips received for all tables in a diner?

    I heard third-hand, that a local diner called 'Al's' keeps all waitress tip money. Apparently they just toss the money in the regular cash register drawer without recording the money. At this point, don't know more about this. I read online about ...

    Antoinette’s Answer

    If you work there and are concerned, you should speak to an attorney who handles FLSA and IWPCA matters. It isn't clear based on the facts whether this is tip pooling or not.

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  • How do Job responsibilities, hourly wages, and on-call work together.

    Specifically are there any functions that my employer can require of me that do not qualify as job responsibilities. Examples would be, answering e-mails and phone calls outside of my scheduled hours. being on-call to answer the office phone durin...

    Antoinette’s Answer

    With regard to responsibilities, your job is to do what your employer tells you to do (as long as it isn't illegal). If you sell clothing and your boss wants you to tidy the dressing room, that is the boss' prerogative. With regard to on call, there are regulations about when someone should be paid and how much. There are also minimum wage laws. Because you like your job, you may want to talk to a lawyer about your situation to come up with a tactful solution. Some firms will do consolations by phone in certain situations.

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  • Can you sue youre former employer for retaliation?

    can you sue youre former employer for retaliation,and have the documents to proof,and what is the time frame if you can?

    Antoinette’s Answer

    Certain actions by an employer can be illegal retaliation, but "retaliation" can mean different things. Therefore, you should reach out to an employment lawyer immediately to discuss you situation in more detail and determine if what happened was illegal retaliation.

    Furthermore, as Josh said the time frame varies. It can be as short at 30 days. The more time you give an attorney, the better, usually.

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  • Promotion and hourly pay rate cut for an hourly employee in Chicago

    I received a promotion. I was told I need to work 7.5 hrs a day compared to my 7 hrs. I am an hourly employee. I was told I would get 5 hrs extra pay every pay period (bi-weekly) and my boss would "try" to get me a 2k raise. When I received my ...

    Antoinette’s Answer

    Are you part of a union? Do you have an employment contract? Is your new hourly rate less than Illinois minimum wage?

    If you said no to all of these, then it is unlikely that you have a claim.

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  • Should I write a statement against an Temp Assoc.since he is writing one against me?

    A temp associate has written a statement against for a particular incident that happen at work. I was coming into the door behind him and I had a container of pizza, a fountain drink and an umbrella and while walking behind him he slammed the door...

    Antoinette’s Answer

    You should be careful not to be confrontational at work. You coworker doesn't have to be nice to you but you do need to not attack each other. If you want coaching on how to comport yourself and preserve your job, you can always talk to a lawyer.

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  • Can a company employ a person "at will" and at the same time ask to serve notice period of 3 months on voluntary resignation

    My Offer letter states that I will be an at will employee and may resign or may be terminated at anytime with or without cause. However there is an additional clause that reads as below: In the event of Voluntary resignation by the employee, nee...

    Antoinette’s Answer

    Edgar is correct that you cannot be made to work involuntarily. I would note however, that the document you are calling an offer letter may be a binding contract. I suggest that you have an employment attorney review the document prior to signing it.

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