Claimed Lawyer ProfileQ&AResponsive Law
- Employment Law
- Employee Benefits, Employment Contracts, Employment Discrimination, ERISA, Overtime & Unpaid Wages, Sexual Harassment, Whistleblower, Wrongful Termination
- Business Law
- Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
- Arbitration & Mediation
- Business Arbitration, Consumer Arbitration, Family Arbitration
- Consumer Law
- Class Action, Lemon Law
Additional Practice Areas
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- Contingent Fees
Rates, Retainers and Additional Information
Book your consultation online at https://calendly.com/pietruchalaw
Jurisdictions Admitted to Practice
- 7th Circuit
- English: Spoken, Written
- Managing Attorney
- Pietrucha Law Firm, LLC
- American Medical Association
- Law Offices of Joel Weisman, P.C.
- Northern Illinois University
- J.D. (2009)
- University of Illinois - Urbana-Champaign
- B.A. (2006) | Pre-Law, Journalism and Spanish
- Honors: President's Leadership Award
- Activities: Spanish Tutor
- Selected as Top 40 under 40 Illinois Employment Lawyers
- The National Black Lawyers
- National Employment Lawyers Association
- American Bar Association
- Business Law Section, Employment Law Section
- Illinois State Bar  # 6315653
- ISBA Standing Committee on Women & the Law, ISBA Standing Committee on Women & the Law, Chicago, IL
- Illinois State Bar Association (ISBA)
- Illinois Association of Public Procurement Officials Fall 2015 Conference, Illinois Association of Public Procurement Officials Fall 2015 Conference, Lombard, IL
- Illinois Associaton of Public Procurement Officials
24 Questions Answered
- Q. Can my district manager force me to pay my own money to make up for lost wages of another employee?
- A: No. Not only is it unfair, but it is illegal. The Illinois Department of Labor has offered the following FAQ on this topic: Can my employer take money out of my wages to cover cash register shortages or damages to the employer's equipment/property? No, an employer cannot deduct money from your pay for cash or inventory shortages or damages to the employer's equipment or property, unless you sign an express written agreement allowing the deductions AT THE TIME the deduction is made. See Section 300.730 and Section 300.820. However, where a deduction is to continue over a period of time and the written agreement provided for the period of time, the same amount of deduction each pay period and allows for voluntary withdrawal for the deduction, the agreement shall be considered freely given at the time the deduction is made. See Section 300.720. See: https://www2.illinois.gov/idol/FAQs/Pages/Deductions-From-Pay-FAQ.aspx#qst2
- Q. My work is opening illegally & defying the governors no indoor dining order, will unemployment side with me if I quit?
- A: What a crazy world we live in! Be very careful in this scenario. To collect unemployment benefits, if you are not coming in due to asthma, you would need a doctor's note BEFORE you don't return. Also you should communicate in writing so you have evidence of your communications. It's likely the employer will blame you for being unemployed. Here is some more helpful information about being denied unemployment benefits because you voluntarily leave your job. Voluntary Leave = without good cause? 820 ILCS 405/601A 1. Seven exceptions exempt worker from “good cause” disqualification: Exception #1 = Doctor Says Physically Unable to Work + Worker Notifies Employer Before Medical Leave: When the worker is deemed physically unable to perform his work by a licensed and practicing physician, or where the worker leaves work upon the advice of a licensed and practicing physician that assistance is necessary for the purpose of caring for his spouse, child, or parent who is in poor physical health, and such assistance will not allow him to perform the usual and customary duties of his employment. In either instance, the worker must notify his employer of the reason for leaving before the exception will apply. (Section 601B1) 2. COVID-19 exception: If government-imposed of government recommended quarantine = worker unemployed through no fault of own: a) Not fault unemployed, but to qualify for benefits, worker still needs to meet all other eligibility requirements: (1) Able to work (2) Available to work (3) Registered with the state employment service (4) Actively seeking work from the confines of his/her home
- Q. In IL., is it legal to drop ones pay 30 % if asked to take another position within the company?
- A: Yes, under the Illinois Wage and Payment Act, an employer may reduce your rate of pay IF you are notified of the change prior to performing the work and your wage does not fall below minimum wage. See Section 300.630(d). TITLE 56: LABOR AND EMPLOYMENT CHAPTER I: DEPARTMENT OF LABOR SUBCHAPTER b: REGULATION OF WORKING CONDITIONS PART 300 PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION SECTION 300.630 RECORDS AND NOTICE REQUIREMENTS Section 300.630 Records and Notice Requirements d) An employer is required to notify an employee in writing, at the time of hiring, of the rate of pay. An employee commencing work shall reflect mutual assent to the rate of pay. An employer shall not change an agreement regarding the payment of wages and compensation without first notifying the employee prior to the effective date of the change. The employer shall place the arrangement in writing at the time of the change and present the change to the employee unless impossible to do so. Because of extraordinary circumstances, the immediate placement in writing may not be able to be accomplished, but this inability to do so must be immediately rectified. An employer cannot rely upon an employee's continued employment as affirmation that the employee consented to an adverse modification of the employee's rate of compensation when the employee was not notified in writing of the modification prior to its effective date. However, when the employee continues to work after being notified of a change in writing, the employee shall be presumed to have assented to the change, absent evidence to the contrary. An employer may not retroactively adversely affect the wages earned by an employee. In every employment relationship, it is presumed that the employer will pay for all hours worked, as defined in 56 Ill. Adm. Code 210.110. An employee who has not been paid for all hours worked is not presumed by reason of the employee's continuing to work to have assented to work without compensation for the hours worked at the agreed rate of compensation or to have assented to the non-payment of required or promised overtime pay.
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