Employment Law Attorneys Protecting the Workers of Chicago
Fighting unfair treatment in the workplace throughout Illinois
As American workers, we're all entitled to legal protections and benefits in the workplace. Through both state and federal law, employees are guaranteed everything from lunch breaks to anti-discrimination protection. However, some employers may fail to comply with certain aspects of employment law, either through oversight or via conscious violation. This is both unethical and unlawful, and can negatively affect an employee's life, professionally and personally.
If you're being treated unjustly in the workplace—whether through discrimination, wage and hour issues, wrongful termination, union disputes—the Chicago employment law attorneys at Gainsberg Law will help you stand up to your employer and seek justice on your behalf.
When your job is the only means of support for yourself and your family, you should be guaranteed a safe and fair environment, without harassment or discrimination. There are legal protections in the workplace for a reason, and if you are suffering unjust treatment from an employer, you don't have to let it go unchallenged or unpunished. Our lawyers help you understand your legal rights and help you get your professional life back on track.
Why do I need a Chicago employment law attorney?
Although there are many laws in place to protect you from unfair workplace practices, you may not be aware of or fully understand them all. A Chicago employment lawyer can work with you to explain your rights as a worker and determine if those rights have been violated. A knowledgeable attorney can also guide you through your legal options and, if appropriate, litigate any employment claim you may have.
You may face discrimination or unlawful behavior through discrimination, employment contracts, wages, overtime, union rights, reasonable accommodations, or collective bargaining. Or, perhaps you already filed a complaint against your company and you feel you're being retaliated against because of it. A seasoned attorney can protect you and determine if your employer is acting in an unlawful manner, and also provide legal advice on contracts and other employment documents.
Types of employment law we practice
When an employer violates your rights, or you are discriminated against on the job, you need lawyers dedicated to fighting against unfair treatment in the workplace. The attorneys at Gainsberg Law are highly skilled in many areas of employment law, including:
- Wage and hour disputes. Both federal and Illinois laws regulate employee wages. If you believe you've not been treated fairly—including violations in equal pay, minimum wage, or overtime—we can help you in seeking recovery for wage and hour issues.
- Discrimination. Illinois is an at-will employment state, but that does not allow employers to make decisions with discriminatory motives. Federal and state laws prevent employers from discriminating against or harassing an employee based on race, color, religion, national origin, sexual orientation, gender, age, or disability.
- Wrongful termination. Typically filed hand-in-hand with discrimination claims, an employee may have a wrongful termination claim if they are fired on the basis of being in a protected class—for example, nationality, religious beliefs, disability, sexual orientation, gender, or race.
- Sexual harassment. There are state and federal laws in place to protect you if you are being subjected to sexual harassment. If your work environment has become hostile, or if your superiors are attempting to engage you in a "quid pro quo" relationship, contact us.
- Union member rights. Employees rely on unions to advocate on their behalf for fair wages, benefits, and policies in the workplace. Our attorneys ensure that your union rights remain protected, and assist with issues like grievance arbitration, disciplinary actions, discrimination claims, unfair labor practices, or internal disputes.
- Collective bargaining. Negotiating strong collective bargaining agreements is crucial for the continued existence of our unions. Employment law attorneys can help with contract negotiations, strategic planning, analysis, and contract drafting. Your success is measured by the success of your contract.
- Class actions. In employment law, class action lawsuits involve a large group of people who have suffered similar harm from their employers. It could be a group of employees who have all experienced discrimination at their company, or a group of workers who haven't received proper overtime pay, all joining together to ensure their voices are heard as one.
- Retaliatory discharge. When an employer fires an employee for refusing to commit an unlawful act on the job, it's called retaliatory discharge and it's against the law. This is one of the major exceptions to the “at will employment” law. Being terminated for refusing to break the law or for performing an act that's protected by federal policy may give an employee a case against their employer.
- Overtime claims. Workers covered by the Fair Labor Standards Act (FLSA) should be entitled to time-and-a-half for hours worked over 40 per week. Some employers may violate this by not paying overtime to their employees when they're required by law to do so.
- Employment contracts. Employment contracts aren't something you should take lightly, and your employment law attorney can help you understand all implications of the agreement. Issues like compensation, benefits, methods of conflict resolution, and process of termination should be thoroughly examined before signing.
It can be intimidating to stand up to your employer when you feel like you're being discriminated against or being treated unfairly. However, Gainsberg Law is here to protect you and seek compensation on your behalf if your employer is acting illegally.
Commonly asked questions
Everyone’s employment situation is unique, but there are a few common questions we tend to hear from our clients.
I was terminated from my job. Can I sue my employer?
Like many states, Illinois is an at-will employment state. What this means is that your employer has the right to terminate you from your job, at any time for any reason. However, this doesn't mean your employer can breach any employer/employee contract or discriminate against you in their decision to terminate your employment.
In terms of wage and hours, what is considered actual “work time”?
Of course, employees are required to be compensated for any work their employee assigns to them. However, things like being on call, travel, waiting for appointments, training, and other issues can be complex or confusing and are best discussed with an employment attorney to ensure you are being paid properly for your work.
What kind of compensation might I be eligible for?
When your rights as an employee are violated, you may be entitled to compensation. Depending on your case, you may receive financial compensation for overtime pay, lost wages, or other damages and losses. Only your attorney can give you an informed answer, after investigating your situation, about what your case might be worth.
You work hard every day and expect to be treated fairly and with respect on the job. If you believe your employer is breaking state or federal law, need union help, have wage or overtime issues, or are suffering discrimination at work, the skilled Chicago employment lawyers at Gainsberg Law will fight on your behalf. We conduct a full investigation and work to ensure that not only are your rights protected, but that you receive any compensation you're owed. Contact us today through our contact form, or by calling 312-600-9585 to schedule a consultation.