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Do I have a case?: My employer lowered my wage per hour without notification after I resigned and my last payroll amount is not what I expected.

Do I have a case?

Asked 6 months ago in Employment

Justin’s answer: If this was done entirely without your knowledge, you could file a complaint with the Illinois Department of Labor. There may be other issues if the amount brought your wages below the minimum wage. You have to decide whether the amount is worth the time it will take to pursue the issue though. It's hard to say without knowing the exact amount.

Answered 6 months ago.


Is it bias to have an employee harassed a colleague w/a disability provide insight on the complainants performance?: A colleague harassed me at work, it was immediately reported to my Supervisor, documented and then passed on to HR who did an informal investigation. The employer refused to acknowledge the complaint despite it causing a personal injury due to hypersensitivity from ptsd and caused a stress response from her previous managers actions who was also investigated and terminated. Is that legal to ignore a complaint and then request input from the subject of the complaint to weigh in on the disabled workers managerial performance? It seems like a conflict of interest as the person who harassed the disabled worker could retaliate by making false claims against the individual (ie cats paw) if they are subject to an adverse employment action immediately following the negative feedback to management. I’m interested to know if you’ve seen employers ignore complaints and then expose them to bias managerial feedback that is inherently bias in an attempt to avoid discriminatory animus and legal liabilities if there are other factors at play such as failure to accommodate removal of barriers to be considered for an internal job they are qualified for.

Asked almost 3 years ago in Discrimination

Justin’s answer: Hi, it's unclear whether the employer ignored the complaint if it was reported to HR and then an investigation was launched. While the outcome of the investigation may have been less than desirable from the victim's perspective of harassment, employers are not required to terminate everyone accused of harassment. Also, the input of the harasser about the victim of harassment might lead to retaliation by the harasser, creating a problem, and soliciting input from the harasser might not be the best practice, but it isn't inherently illegal. It really depends on how that plays out. For example, does the employer use negative input against the victim of harassment? There might be a problem there. There appears to be a lot going on in the situation, so a consultation with an attorney might be a good idea.

Answered almost 3 years ago.


What are my options ?: currently work at a restaurant/bar, and manager/part owner continues to touch/grab me while working.(on waist/back waist/has hugged me to stay in from leaving after I was off work to stay and drink) Have told 2 of the other owner/managers and it is still happening. And do not want to leave due to its my job that is paying me right now.

Asked almost 3 years ago in Sexual Harassment

Justin’s answer: Hi, I'm very sorry to hear that you're experiencing harassment. In Illinois, you have a right to a workplace free from sexual harassment. You can file a complaint with agencies like the Illinois Department of Human Rights or the EEOC. But I would suggest speaking to an attorney before you do about the possible responses by your employer.

Answered almost 3 years ago.