A. TERMINATION OR DISCHARGE
Have you been terminated or discharged? Do you feel that your discharge was motivated by the fact that you filed a workers' compensation claim? Do you feel that you were discriminated against due to race, sex, color, age, handicap, disability, national origin, marital status or sexual harassment?
The following Federal and State Statues are available to help you.
Federal Statutes:
a. National Labor Relations Act (29USC§151. Establishes rights for employees, right to bargain, negotiate, etc.
b. Fair Labor Standards Act. Establishes a minimum wage; employees can sue to recover unpaid wages, overtime wages, etc.
c. Occupational Safety and Health (OSHA). Imposes obligations on employer to furnish a place of employment free from hazards.
d. Employment, Retirement and Income Security Act (ERISA). Regulates welfare and pension plans; terminating an employee to deprive one of benefits is illegal.
e. Title 7 of the Civil Rights Act of 1964. Prohibits employers from acting adversely on the basis of race, color, religion, sex, national origin.
f. Age Discrimination and Employment Act of 1990 (ADEA). Generally, the ADEA protects individuals age 40 and over.
g. Equal Pay Act. Equal pay for men and women for equal work.
h. Americans with disabilities Act. Designed to eradicate discrimination against physically and mentally disabled individuals.
i. Family and Medical Leave Act.
j. Bankruptcy Code Act. This act forbids discharging employees for filing bankruptcy.
k. Consumer Credit Protection Act. This Act forbids discharging for garnishment of ones indebtedness.
l. Employee Polygraph Protection Act. The employer cannot require employee to submit to lie detector tests, except under limited circumstances. Cannot discharge because of refusal to take tests or because of results.
m. Pregnancy Discrimination Act.
b. Fair Labor Standards Act. Establishes a minimum wage; employees can sue to recover unpaid wages, overtime wages, etc.
c. Occupational Safety and Health (OSHA). Imposes obligations on employer to furnish a place of employment free from hazards.
d. Employment, Retirement and Income Security Act (ERISA). Regulates welfare and pension plans; terminating an employee to deprive one of benefits is illegal.
e. Title 7 of the Civil Rights Act of 1964. Prohibits employers from acting adversely on the basis of race, color, religion, sex, national origin.
f. Age Discrimination and Employment Act of 1990 (ADEA). Generally, the ADEA protects individuals age 40 and over.
g. Equal Pay Act. Equal pay for men and women for equal work.
h. Americans with disabilities Act. Designed to eradicate discrimination against physically and mentally disabled individuals.
i. Family and Medical Leave Act.
j. Bankruptcy Code Act. This act forbids discharging employees for filing bankruptcy.
k. Consumer Credit Protection Act. This Act forbids discharging for garnishment of ones indebtedness.
l. Employee Polygraph Protection Act. The employer cannot require employee to submit to lie detector tests, except under limited circumstances. Cannot discharge because of refusal to take tests or because of results.
m. Pregnancy Discrimination Act.
State of Illinois Statutes:
x a. Minimum Wage Law. Establishes minimum wage and requires payment of 1 to 1.5 times regular pay for hours worked in excess of 40 hours.
b. Illinois Worker's Compensation Act. Prohibits harassment or termination due to exercise of rights under Act.
c. Unemployment Insurance Act. Provides monetary benefits to the worker for a period of time.
d. Illinois Human Rights Act. State of Illinois Department of Human Rights, 100 W. Randolph St., Suite 10-100, Chicago, Ill. 60601. Telephone: (312) 814-6245. This is the exclusive source of redress for discrimination due to race, sex, color, age, handicap, religion, national origin, marital status, or sexual harassment.
e. Whistle Blower Protection Act. Prohibits retaliation against employees who disclose information regarding prohibited activity.
b. Illinois Worker's Compensation Act. Prohibits harassment or termination due to exercise of rights under Act.
c. Unemployment Insurance Act. Provides monetary benefits to the worker for a period of time.
d. Illinois Human Rights Act. State of Illinois Department of Human Rights, 100 W. Randolph St., Suite 10-100, Chicago, Ill. 60601. Telephone: (312) 814-6245. This is the exclusive source of redress for discrimination due to race, sex, color, age, handicap, religion, national origin, marital status, or sexual harassment.
e. Whistle Blower Protection Act. Prohibits retaliation against employees who disclose information regarding prohibited activity.
B. OVERTIME AND WAGES
Do you have an unpaid or underpaid wage problem? There is Federal and State of Illinois law available to help you.
STATE
a. Illinois Minimum Wage Law. Requires payment for all hours worked. The hourly wage has to be a statutory minimum with time and one-half for all hours worked in excess of forty (40) hours in a week.
b. Illinois Wage Payment and Collection Act. This requires payment of wages earned at least every two weeks and final compensation for separated employees, which includes unused vacation.
c. Illinois Sales Representative Act. This law is limited to sales representatives.
b. Illinois Wage Payment and Collection Act. This requires payment of wages earned at least every two weeks and final compensation for separated employees, which includes unused vacation.
c. Illinois Sales Representative Act. This law is limited to sales representatives.
FEDERAL
a. Fair Labor Standards Act. This act requires payment for all hours worked and concerns itself with minimum wage and overtime.