Frequently Asked Questions: Employment Law

Chicago Employment Lawyer

Employment matters can be complex because of the many different federal, state and local laws that may apply, and any verbal or written agreements already in place. Applicable laws may differ, depending on the size of the employer, and whether the employee is exempt or non-exempt. If you have questions about discrimination, harassment, FMLA claims or other areas of employment law, the Law Offices of Fern Trevino may be able to help. If you would like more information, please call our offices to schedule a confidential consultation.

Q: What, exactly, is workplace discrimination?
A: Workplace discrimination may include a broad range of conduct, such as failing to promote an employee because of the employee's age, or paying an employee less because she is a woman. Discrimination includes less favorable treatment or mistreatment due to age, race, national origin, religion, gender, sexual orientation, disability or pregnancy.

Q: Is there a law that governs the wages and hours in my workplace?
A: A number of laws apply to wages, hours and other workplace conditions. For example, the Fair Labor Standards Act (FLSA) is a federal law that governs issues like minimum wage, overtime and child labor. However, this law does not address issues of sick or vacation time, severance pay or breaks. State and local laws may apply to these matters, as may certain agreements or contracts between employers and employees regarding compensation and benefits.

Q: What should I do if I was fired from my job, but was offered a severance package?
A: Before you sign a severance agreement, you should have an attorney review the agreement. A Chicago employment law attorney at the Law Offices of Fern Trevino can review the details of the agreement to determine whether it is truly in your best interest to sign it

Q: Is it legal for my employer to review my internet usage and read personal emails on my company computer?
A: Employees have limited rights to privacy while using company property, such as computers. In addition to monitoring employee internet usage and blocking access to certain websites, employers may legally penalize them for violating policies related to the use of company property, such as using a company computer for personal email.

Q: I am physically disabled; can an employer deny me employment based on my disability?
A: Under federal law, it is illegal for an employer to discriminate against a disabled person who is physically able to perform the job he or she has applied for, or is currently performing, by denying or terminating employment based on the disability.

If you have more questions or would like to discuss a specific employment-related matter, contact a Chicago employment lawyer at the Law Offices of Fern Trevino today.