Cynthia Pietrucha

For all of your employment challenges, contact our firm at (630) 344-6370

My focus: Severance Agreements and Medical Leave violations.

Attorney Cynthia Pietrucha is an employment discrimination attorney who advocates for employees fired or forced to separate from their jobs. She also educates management, human resources, and corporate counsel on best practices for compliance with workplace laws.

Right to be Treated Equally: Representation for Workplace Discrimination or harassment on the basis of disability, pregnancy, race, gender, religion, and more. Equal Employment Opportunity Commission (EEOC) for employees who work in Illinois, Minnesota, South Dakota, Wisconsin, Texas, Arkansas, California, and assistance to employers in writing convincing EEOC Position Statements. Illinois Department of Human Rights (IDHR). Illinois Human Rights Commission (IHRC).

Right to Join with Coworkers to Improve Working Conditions without a union: Representation at the National Labor Relations Board.

Right to a Safe and Healthy Workplace: Workers' Compensation, COVID-19 protective gear, safety gear

Benefits: Unemployment Benefits Telephone Hearings, Medical Leave, FMLA.

Proper Pay: Unpaid wages, commissions, bonuses and breach of contract. Representation at the Illinois Department of Labor and in state and federal court.

Severance Pay: Severance Agreement review and negotiation.

Workplace Investigations: Theft, Discrimination, Harassment, Time and Attendance

Workplace Training: Diversity and Inclusion, Sexual Harassment, New Employee Onboarding, Employee Retention

Book a phone meeting online at https://calendly.com/pietruchalaw OR Call today at (630) 344-6370

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

• Severance Agreement
• Pregnancy Discrimination

• Credit Cards Accepted
  We accept all major credits and PayPal.
• Contingent Fees
• Rates, Retainers and Additional Information
  Book your consultation online at https://calendly.com/pietruchalaw

Illinois

7th Circuit

Managing Attorney

Pietrucha Law Firm, LLC

Current

American Medical Association

2010

Law Offices of Joel Weisman, P.C.

2009

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

Member

Current

American Bar Association

Business Law Section, Employment Law Section

Current

Illinois State Bar  # 6315653

Member

Current

ISBA Standing Committee on Women & the Law, ISBA Standing Committee on Women & the Law, Chicago, IL

January 10, 2018

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

October 8, 2015

Illinois Associaton of Public Procurement Officials

Q. Can my district manager force me to pay my own money to make up for lost wages of another employee?

24 November 2020

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?

28 October 2020

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?

30 September 2020

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.