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Antoinette Choate

Antoinette Choate’s Answers

70 total


  • 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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  • Does Illinois protect me if I am pregnant and get fired for it?

    I had a contract with a temp agency and in the contract was that I would get full employment at the end of the temp contract. I did very well, great performance reviews. I told them I had become pregnant and was immediately fired. Can I sue my emp...

    Antoinette’s Answer

    Illinois does protect against pregnancy discrimination as does federal law. You should contact an employment lawyer in Illinois immediately to discuss your situation.

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  • Can my boss deduct money from my check for products we use?

    my boss charges us a service charge and deducts money from our paychecks every week for the products we use in the salon. Last year she took 1153.00 out of my checks. She said it's to cover the cost of color, shampoo and conditioner and any ot...

    Antoinette’s Answer

    • Selected as best answer

    Every situation involving paycheck deductions must be carefully evaluated under laws and regulations or the employer may face legal consequences. Federal and state laws strictly prohibit if and how an employer can deduct from an employee's paycheck.

    One such law that regulates employer deductions is the Illinois Wage Payment and Collection Act. In Illinois, for example, an employer can only deduct from an employee's paycheck if the deduction is:
    -To the benefit of, and approved by, the employee (group insurance premiums, etc.);
    -Required by law (federal and state taxes, etc.);
    -In response to a valid wage assignment or wage deduction order (child support, etc.);
    -Made with the express written consent of the employee, given freely at the time the deduction is made.

    The Fair Labor Standards Division of the Illinois Department of Labor enforces four basic regulations covering most deductions from paychecks: (1) shortages; (2) damaged property; (3) return of employer's property; and (4) cash advances.

    It is not clear whether your situation is legal or not without more facts. You should talk to an employment lawyer about your situation.

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  • "My employer of 15 years in Illinois just eliminated my position. They are offering 4 months severance w/ no benefits. I have 11

    "My employer of 15 years in Illinois just eliminated my position. They are offering 4 months severance w/ no benefits. I have 11 more days to sign. Can they rescind if I try to negotiate? Trying to use my years of service and the fact that the GM ...

    Antoinette’s Answer

    You should seek an employment lawyer in Illinois to assist you immediately. Negotiations and contracts are delicate.

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