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FAQ's

  • If you would like to speak to an attorney at Abrahamson Rdzanek & Wilkins, please fill out the provided form on our website or email us at attorneys@arwlegal.com with your information or, alternatively, you can call us at (312) 263-2698 to speak with a member of our staff who will gather preliminary information from you to see if this is something our firm may be able to assist you with.  If so, you will be set up for a consultation to speak directly with one of our partners. After your consultation, if you and the attorney decide to move forward, you will be presented with a fee agreement, which sets forth the terms and scope of representation.

  • You do not need to wait until you have been fired to reach out to our firm.  In fact, it is advisable to speak with an attorney as soon as you feel you require advice about your employment situation, including if you are a current employee.

  • Yes, your conversations with any member of our staff, and your consultation are confidential.

  • Abrahamson Rdzanek & Wilkins exclusively practices employment law and has done so for over thirty years.  The areas of employment law with which our firm has experience include:
     

    • Discrimination, based on race, gender, age, disability, gender identity, pregnancy, sexual orientation, nationality, religion, citizenship status, conviction record, among other things

    • Reasonable accommodation for a disability

    • Retaliation

    • Sexual harassment

    • Hostile work environment or other harassment

    • Charges filed with agencies, including the Equal Employment Opportunity Commission (EEOC), Illinois Department of Human Rights (IDHR), and Illinois Department of Labor (IDOL)

    • Leaves of absence

    • Whistleblower activity

    • Wage and hour claims

    • Employees dealing with domestic, sexual, or gender violence

    • Payment of compensation, including earned bonuses and commissions

    • Employment agreements and other contracts, including non-competition and non-solicitation agreements 

    • Severance or separation agreements

    • Workplace investigations

    • Emerging workplace issues

    ​

    See the Practice Areas page of our website for more information.

  • It is advisable to speak with an attorney before signing a separation agreement.  Separation agreements typically contain a release of claims, meaning that after you sign the separation agreement, you are no longer able to pursue most claims against your employer.  Without being able to allege claims against your employer, it is nearly impossible to engage in negotiations with your employer for additional severance or other compensation or more favorable nonmonetary terms.

  • It is wise to speak with an attorney before attempting to negotiate with your potential, current, or former employer. Unfortunately, negotiating on your own before speaking with an attorney may do more harm than good.  It is important to know what rights you have in order to, for example, evaluate potential claims, negotiate a contract, or form a strategy to report discrimination or retaliation to your employer. You should never sign a severance agreement or other termination papers without first consulting with an attorney.

  • You should not resign without speaking with an attorney beforehand.  Resignation can often prevent one from pursuing any legal claims, or at least any monetary damages.  If you have already resigned, you should seek legal counsel immediately to determine if you have any legal claims and are able to preserve them.

  • If you have questions about a non-compete, please call or email our office or fill out the provided form on our website to speak with an attorney.

  • If you have not yet gone to an agency, it is wise to speak with an attorney before doing so.  You may be advised to wait to file a charge at an agency if we feel it is advisable to first engage in private settlement discussions with your employer. However, if you have already filed agency charges, we can help you through that process as well as advise you how that impacts your legal claims. 

  • There is usually not legal entitlement to severance pay with just a few exceptions, such as a written employment contract that requires severance be paid or a company severance pay plan that is governed by Federal law.  It is very important to know that employers often offer severance in exchange for a “release” of legal claims and that employees have a right under Federal and Illinois law to have such severance offers and release agreements reviewed by legal counsel. If you have been offered a severance, you should seek counsel to review that offer to determine whether it is sufficient for you to release the company from liability. 

  • Illinois is an “at will” state, meaning that you can leave your job for any reason and you can be fired for any reason.  It is our primary job to determine whether you fit within any exceptions to “at will” employment and many times our clients do.  For example, you could have an offer letter or employment contract that suggests you are not an employee at will.  Or you can fit within one or more of many exceptions to at will employment, such as where the termination or other employment action appears to be motivated by a discriminatory or retaliatory reason as defined by the law.  The list of exceptions is too long to discuss here and that, frankly, is often the primary focus of our consultation with you.

  • Statutes of limitations are rules regarding the time in which you must bring a claim before it expires and can no longer be pursued. Oftentimes, the law requires that you file a pre-litigation charge, such as at the EEOC or IDHR, to preserve your claim before you even file a lawsuit.  These statutes of limitations can be as little as 180 days from the date of the notice of discriminatory or retaliatory conduct. If you miss a statute of limitations to bring your claim, you may be without recourse to enforce your rights. This is why it is important that you take immediate action if you believe you may have been the victim of workplace discrimination or retaliation.  Calling or emailing our office, or filling out the provided form on our website to schedule a consultation is the first step to arm yourself with the knowledge you need to determine what rights you may have available and when you need to take action.

  • If you have done the work to earn a bonus or commissions payment, and that payment was not made to you, you may have a claim, even if you were fired before the bonus or commissions were supposed to be paid.

  • Employees are eligible for unemployment as long as they did not voluntarily resign or they were not fired for misconduct, meaning that you did not violate a rule multiple times or commit an egregious act, such as stealing, even once.  Most employees who have been fired are still eligible to receive unemployment, even if they were fired for performance reasons.  If you have questions about your eligibility for unemployment, please call or email our office or fill out the provided form on our website to speak with an attorney.

  • It depends on your job and responsibilities.  Just because your employer has said that you do not qualify for overtime payments, that does not mean that is the case, as your employer may have misclassified you as ineligible.

  • If you have questions about COBRA, please call or email our office or fill out the provided form on our website to speak with an attorney.

  • It depends on your job and responsibilities.  Just because your employer has said that you are an independent contractor does not mean that is the case, as your employer may have misclassified you.  You should speak with an attorney to discuss this further.

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