Employment lawyers in Naperville, Illinois

Looking for a top-notch employment lawyer who can answer your employment law questions?

Look no further than our team of legal professionals.

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Select from our on-demand job advice/coaching sessions depending on your situation and schedule your initial case evaluation appointment.

Before your appointment

We will contact you and ask for more details about your case and ask for copies of any relevant documents.

During your scheduled session

Attorney Cynthia Pietrucha’s team to help review your case and give you advice about how to move forward to protect your legal rights.

On-demand job advice & human resources coaching services

Success loves speeds. When you have a legal dispute, acting swiftly is key. Hiring our legal team, led by employment attorney Cynthia Pietrucha, is your pathway to eliminating as many obstacles as possible. Whether you’re an employee or a human resources professional dealing with job termination issues, seize this limited opportunity for urgent and specialized legal assistance. Reach out now to protect your rights and experience the difference of having seasoned professionals eliminate hurdles in your employment challenges.

“Ask-a-Lawyer” Email Consultation Service for Employees and HR Managers

Mistreated at Work?: One-on-One Attorney Legal Counseling Session

Advice on Unpaid Wages, Bonus, Commissions, Invoices

Separation Agreement Analysis and Evaluation – by Attorney Cynthia Pietrucha

EEOC Right To Sue Strategy Session – Attorney Expertise at Your Service

Hire an Unemployment Benefits Appeals Lawyer – FLAT FEE RATES

FMLA/Medical Leave/Maternity Leave – Legal Strategy Session

File an EEOC Charge of Discrimination

Why navigate the complexities of employment law alone?

Whether you’re an employee seeking fair treatment, or an employer looking to protect your business, we have the experience and expertise to help.

With a track record of success representing both employees and employers, we know how to achieve the best possible outcome for our clients.

Contact us today and move forward toward a brighter future with confidence and peace of mind.

How We’ve Helped Employees

due to attorney-client confidentiality, no individual names or employers are listed

Severance Agreements and General Releases (Out-of-court Settlements)

  • Negotiated 3x increased severance pay for a casino executive fired after reporting discrimination and harassment
  • Negotiated an exit strategy/severance pay for a media professional experiencing sexual advances by a colleague
  • Negotiated 10x increased severance pay for an administrative assistant fired after notifying her boss she was pregnant
  • Negotiated reinstatement for a bank manager fired for refusing to disclose COVID-19 vaccination status

Employment Discrimination, Harassment, Hostile Work Environment and Retailation

  • Mediated EEOC out-of-court settlement in a warehouse worker’s pregnancy discrimination case after she was harassed for taking time off for pregnancy-related medical care (Equal Employment Opportunity Commission)
  • Negotiated court settlement for a sheriff deputy‘s lawsuit alleging defamation of character and breach of contract (Northern District of Illinois, Western Division)
  • Defeated a Motion to Dismiss in a female truck driver‘s lawsuit alleging gender discrimination and retaliatory discipline (Central District of Illinois, Rock Island)
  • Defeated a Motion to Dismiss in a Black property manager’s racial discrimination lawsuit (Northern District of Illinois, Eastern Division)

Unpaid Wages, Bonuses, Commissions, and Unemployment Benefits

  • In a breach of contract case, won summary judgment for a software company owed unpaid invoices, expenses and commissions for completed IT work (Lake County, Illinois)
  • Settled unpaid commissions lawsuit for lighting sales executive (DuPage County, Illinois)
  • Won appeal at IDES Administrative Law Judge’s hearing when laid off printing press worker was incorrectly denied unemployment benefits (voluntary leave)
  • Reversed a receptionist’s denial of unemployment benefits with an IDES Board of Review appeal (voluntary leave)
  • Reversed a casino marketing worker’s denial of unemployment benefits with an IDES Board of Review appeal (misconduct)

We have assisted more than 500 employees! Take a look at our client reviews:

October 29, 2020

(Hired Attorney)
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Cynthia is Awesome!

May 10, 2020

(Hired Attorney)
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Excellent Attorney

December 18, 2018

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Satisfied & Pleasantly Surprised

Cynthia is by the far the best attorney I have ever had to deal with for any reason. She works hard and is honest. She has a wonderful disposition, which means a lot when you are in the midst of personal trial

May 24, 2021

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Excellent

I can’t say enough about Cynthia. She is extremely knowledgeable and professional. She responds to communications almost immediately and is very great at explaining every detail surrounding your case.

March 15, 2018

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Great Experience

I reached out to Cynthia for advice regarding a severance agreement. She responded quickly which was great considering my issue was time sensitive. Cynthia provided me with a lot of helpful information and advice.

January 24, 2018

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Fantastic Employment and Labor Attorney

Cynthia represented me in a wrongful termination case. She was very professional and knowledgeable about wrongful termination. She was empathetic, prompt, and very strategic. Cynthia and her staff kept me informed throughout the whole process. I would recommend this attorney.

August 9, 2017

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Stress level: Zero

Ms. Pietrucha is a dedicated and persistent attorney. My case was complicated and confusing, even for me to explain to someone else. Cynthia and her team patiently and carefully addressed my case and gave me peace of mind. Cynthia is very skilled at articulating critical factors and details that provide clarity to the situation, making it much easier for someone with little experience in litigation to stay positive and move forward to success.

 

July 8, 2017

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Caring and Trustworthy

I reached out to Cynthia and was immediately contacted about my case. Upon my initial meeting with Cynthia, I could tell that she took me seriously and listened carefully to my case. I was happy to hear that she would be able to take my case. She fully earned my trust, and I knew that she had my best interest at heart. She didn’t make a move or decision without consulting me first and always took into consideration my thoughts before moving forward. In the end, she was able to negotiate a much better deal than I began with. If you’re looking for a lawyer who will fight for what’s best and fair for you, Cynthia Pietrucha is who you want!

November 1, 2016

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Top notch severance attorney.

Top notch severance attorney. Listened carefully, reacted swiftly, and got what we were looking for in short order. Would highly recommend!

August 21, 2015

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Excellent, helpful attorney

Cynthia helped me review some paperwork after being laid off a job recently. At our meeting, she was highly professional, came very prepared, and even had some ideas of her own. She was able to answer all of my questions, even if they were completely out of left field. During our time working together, she operated in a timely and thorough manner and followed up quickly. She also had an optimistic demeanor during my time working with her. I would highly recommend Cynthia and her services.

April 12, 2022

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Calm and Effective

I appreciated Cynthia’s knowledge and approach and willingness to have the tough conversations on my behalf. She had tough interactions with my previous company, and I’m sure it is because of her level-headed and factual approach that we were able to have a successful negotiation.

November 10, 2022

Cynthia Pietrucha is Excellent!
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Honest and Transparent

From the very first consultation, I knew she was the right choice. Her professionalism exceeded my expectations. I hired Cynthia to represent me in a very stressful and lengthy employment dispute. She was very knowledgeable, detailed and patient throughout the process. She is honest and transparent and always made sure I was prepared for next steps the entire time. Her communication and availability was always in a timely manner. I am forever grateful for everything she did to resolve my case. She is definitely a class act!

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5 Star Review on Job Separation Agreement Review Services

I highly recommend Cynthia Pietrucha services because she is extremely thorough and patiently provided me with guidance and support during a very stressful life changing employment event. Cynthia reviewed my 18 page severance document and spent ample time enlightening me to the meaning, legality and all of the legal language regarding non-competes, etc etc. Cynthia informed me of all legal options and provided me with a clear understanding of the consequences of my legal signature. I will definitely utilize her services moving forward in the future, even if it is for a review of an offer letter in contrast to a severance document….I hope she offers that type of low level service.

About Illinois Employment Laws

Do I have to travel to your office?

No. We understand the importance of convenience for our clients. You don’t have to worry about making a trip to our office; we can efficiently handle your case remotely. A simple phone call is all it takes for us to assess your situation and provide guidance. Our goal is to streamline the legal process and make it as straightforward as possible for you.

Can Employees Wear Offensive Halloween Costumes to Work?

When Offensive Becomes Discriminatory

The key question in addressing offensive Halloween costumes is whether the costume creates a hostile or discriminatory work environment. For a Halloween costume to cross into the realm of actionable discrimination, it must:

  1. Target Protected Characteristics: The costume must target or mock an individual’s race, gender, religion, disability, or other protected characteristic.
  2. Create a Hostile Environment: The costume must create a hostile or intimidating work environment for the employee affected.
  3. Impact Workplace Performance: The offensive costume must negatively impact the employee’s ability to perform their job.

Do I have a good employment discrimination case?

Wondering if you have a good employment discrimination case?

Under federal law, a “good” employment discrimination case will have the following elements:

ADVERSE ACTION

First, prove an adverse action:

This means you will have to prove a significant change in your employment status.  Examples include a demotion, a termination, or changes to your pay, career prospects or work conditions that bring a significant negative altercation in your workplace

(Not included are your boss being insensitive, mean, rude, a jerk, having a terrible personality, being disrespectful or not liking the same political candidate as you.)

PROTECTED CLASS

Second, tie the adverse action to your protected class:  You got fired?  No one will argue that is not an adverse action.

When you get fired you lose your income, benefits, and sometimes your career prospects.  But can you tie the firing to your protected class? If you got fired and it was not fair, you may be out of luck.

But if you got fired and you can prove it was because of your disability, pregnancy status, disability, age, gender identity, national origin, bona fide complaints of discrimination etc. then you may have a good employment discrimination case.

(If you are twisting your facts to fit the narrative, you likely don’t have an employment discrimination case. The protected class should not be an afterthought in a good employment discrimination case, but the reason why you experienced the harm.)

DAMAGES

What are your damages?

If you can prove you experienced an adverse action, and you can tie that experience to your protected class or protected classes, the next step is identifying your damages.  Did you have to find a lower-paying job?  Is your house in foreclosure because you can’t pay your bills?  Did you have to start seeing a therapist to deal with the emotional harm?

Damages can be proven with or without a calculator.  In most employment discrimination cases, the largest actual damages you can calculate can be back wages.  This is how much pay you lost because of the discrimination.  You have a duty to mitigate your damages or improve your circumstances, that is you must make the best of your situation.  If you guess no one will ever hire you again but have no evidence of actually looking for a new job, your damages will be cut.  However, if you apply to multiple jobs and take a lower paying job just to have income flowing in, it will help prove that you tried to improve your circumstances.

COMPARATORS

Who had the same job title, job duties and supervisor as you?

If you had a one-of-a-kind job like a school principal, it will be more difficult to compare yourself to others.

If you were part of team and shared the same title, job duties and supervisor with others, you may be able to compare yourself to others.

Who was treated better than you?

Who was treated worse than you?

Who was treated the same as you?

EVIDENCE

If you want to settle or litigate your employment discrimination case, the burden is on YOU to prove what you’re saying is true.

Anyone can make an allegation, but can you prove that you experienced an adverse action because of your protected class or your complaints of discrimination?

It’s not enough to say “I just know it had to do with my race!  My boss does not like Black people.“.

It’s also not enough to say “This is a clear case of age discrimination” with nothing more.

How do you know?  How can you prove it?  Do you have a text message of your boss discussing how you deserve less pay based on your race?  Do you have a witness who overheard your boss call you a racial slur?  Did you boss send an email that said you are too old to take on new projects?

Many employees are going off of hunch and fail to identify real evidence to support their allegations.  That is many cannot prove what they’re saying is true.  If you can’t prove your case, it will quickly become a “he-said”, “she-said” it will be left up to an investigator, judge or jury to sort out who they believe, and oftentimes the employer is the one who is believed.

Severance Pay and Illinois Unemployment Benefits

In most states, an employee can collect unemployment benefits only if it’s the employer’s fault you lost your job.  For example, if your company can’t afford to pay you anymore or doesn’t like how you perform your job, the unemployment office will likely determine you are eligible to collect benefits as long as you are able and available to start a new job.  Sometimes employers will try to limit your collection of unemployment benefits in a severance agreement by writing a clause that states “You agree not to collect unemployment benefits while you are receiving severance pay”.  Terms that limit your ability to collect unemployment benefits, even if you don’t think you need the benefits, should be challenged.  This is because it’s allowable to collect severance pay and unemployment benefits at the same time.

*In Illinois, you can collect severance pay and unemployment benefits simultaneously.   According to Section 2920.45, amounts paid or payable to the individual as severance pay shall not render the individual ineligible to receive benefits under Section 2920.5.  The nature and purpose of such payments, rather than their characterization, shall determine whether or not such payments are considered severance pay under this Section.

I got fired suddenly. Is it legal for my company to fire me without notice?

Illinois is an “at will” state, which means an Illinois employer can fire an employee for any reason, at any time. This is powerful as it means many bad actions by your boss, supervisor or human resources are not necessarily illegal.

In other words you must experience an illegal adverse action to take action. While every case is different, you may be surprised to find out it’s perfectly legal for the following to occur in an Illinois workplace:

  • Sudden job termination with no advance warning or real explanation
  • A job transfer or demotion after 10+ years of employment
  • Ostracism by your co-workers
  • Unpaid discretionary bonuses
  • Personality conflicts
  • A mediocre performance evaluation, not made available to other employers
  • Refusing to keep your job open after more than 6 months of leave
  • Denial of unemployment benefits for alleged “misconduct”

What rights do Illinois employees have in the workplace?

  •  Proper Pay:  Standards for minimum wage, overtime pay, recordkeeping
  • A Safe and Healthy Workplace
  • Equal treatment in the workplace free from discrimination based on race, color, age, genetic information, sex, sexual orientation, pregnancy, marital status, arrest record, gender identity, religion, national origin, disability or status as a protected veteran.
  • Join with co-workers, without a union, to improve wages and working conditions
  • Be free from retaliation as punishment for engaging in protected activity
  • Medical accommodations, including a medical leave
  • Collect unemployment benefits when an employer cannot prove “misconduct” or you voluntarily leave your job for “good cause”
  • Accommodations for pregnancy, breastfeeding and sick child rights
  • More!

I want to see my personnel records? Can I see them?

In Illinois, your employer must give you your personnel records IF you or your representative timely request them and you ask within a year of your separation

Under Illinois law, you are entitled to see your personnel records as long as you or your representative request them in a timely manner.  Our team has reviewed hundreds of employee, management and executive personnel files.  Our comprehensive review helps you recognize evidence of illegal actions to advance your case.

Here are some of the key rights under the Illinois Personnel Records Review Act or the “PRRA”:

  1. Under the PRRA, an employer is obligated to allow an employee to review his or her file within seven working days after the request, or within 14 days if the employer can show that it needs additional time. 820 ILCS 40/2.
  2. Section 2 of the PRRA states that employees shall be allowed “to inspect any personnel documents which are, have been or are intended to be used in determining that employee’s qualifications for employment, promotion, transfer, additional compensation, discharge or other disciplinary action, except as provided in Section 10 [820 ILCS 40/10].” 820 ILCS 40/2.
  3. If the employee disagrees with information in the personnel file, the PRRA provides the opportunity to file a written statement correcting the information included therein. at 40/6.

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(630) 344-6370    info@pietruchalaw.com  

1717 N Naper Blvd Suite 200, Naperville, IL 60563