How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 12389
Experience:  Experienced in multiple areas of the law.
18284290
Type Your Employment Law Question Here...
RobertJDFL is online now
A new question is answered every 9 seconds

Iwas let go and told my job was being cut from the schedule

Customer Question

Iwas let go and told my job was being cut from the schedule but when I went to pick up my last check they were training someone else for my position still working same amount of people They cut 2 of us both over the age of 65 Dorothy has been there for 24 years and I had quit a job I had worked at for 2 years because I was promised 4 10 hour days I was working 5 6and one-half hours I signed up for unemployment but it is being questioned because I left my previous job to take the job I was let go of after only 3 weeks later
Submitted: 10 months ago.
Category: Employment Law
Expert:  RobertJDFL replied 10 months ago.

Thank you for using Just Answer.

If you believe that you were terminated because of age (e.g., they replaced you with someone younger, possibly less qualified), you may have a claim for workplace discrimination. The Illinois Human Rights Act makes it illegal for an employer to discriminate on the basis of race, color, religion, sex, national origin, ancestry, citizenship status, age (40 and over), marital status, unfavorable military discharge, military status, physical, mental or perceived handicap/disability, or sexual orientation (including gender-related identity).

In Illinois, a discrimination claim can be filed either with the state administrative agency, the Illinois Department of Human Rights (IDHR) or the federal administrative agency, the Equal Employment Opportunity Commission (EEOC). The two agencies have what is called a “work-sharing agreement,” which means that the agencies cooperate with each other to process claims. Filing a claim with both agencies is unnecessary, as long as you indicate to one of the agencies that you want it to “cross-file” the claim with the other agency.

The Illinois anti-discrimination statute covers some smaller employers not covered by federal law for sexual harassment, retaliation, and age claims only. Therefore, if your workplace has between 1 and 14 employees and you have a sexual harassment or retaliation claim, you should file with the IDHR, as the EEOC enforces federal law which covers only employers with 15 or more employees. If your workplace has 15 or more employees, you may file with either agency. Similarly, if your workplace has between 15 and 20 employees, you should file your age discrimination claim with the IDHR, as federal law covers only employers with 20 or more employees in age discrimination cases.

Filing with the IDHR is required to pursue a discrimination claim under the Illinois Human Rights Act. If the IDHR finds "substantial evidence" or misses certain time limits, you can pursue a lawsuit in the Illinois Human Rights Commission, not in court. You are not required to have an attorney to file a discrimination claim with the IDHR. IDHR complaints must be filed within 180 days of the date of the discrimination against you.

To file a claim with the IDHR, contact the nearest office below. More information about filing a claim with IDHR can be found at: http://www.state.il.us/dhr.

Chicago Office
James R. Thompson Center
100 West Randolph Street, Suite 10-100
Chicago, Illinois 60601
Phone:(###) ###-####
TDD:(###) ###-####strong>Springfield Office
222 South College, Floor 1
Springfield, Illinois 62704
Phone:(###) ###-####
TDD:(###) ###-####/p>

To file a claim with the EEOC, contact your local EEOC office below. More information about filing a claim with the EEOC can be found at http://www.eeoc.gov/facts/howtofil.html.

EEOC's Chicago District Office
500 West Madison Street
Suite 2800
Chicago, IL 60661
Phone:(###) ###-####
TTY:(###) ###-####strong>EEOC's St. Louis District Office
Robert A. Young Building *****
Room 8.100
St. Louis, MO 63103
Phone:(###) ###-####
TTY:(###) ###-####br />

If your case is successfully resolved by an administrative agency, it may not be necessary to hire an attorney or file a lawsuit (to resolve your case, you probably will be required as to sign a release of your legal claims). If your case is not resolved by the IDHR or EEOC, however, you may need to pursue your claim in court. In my experience, most claims are unfortunately not settled at the administrative level.

A federal employment discrimination case cannot be filed in court until the claim is filed with the EEOC, as discussed above, and the EEOC dismisses your claim. This process is called “exhaustion” of your administrative remedy. There is no private right of action under Illinois law for discrimination claims, which means that individuals cannot file a lawsuit in court under Illinois law.

The EEOC must first issue a “Dismissal and Notice of Rights” or “Notice of Right to Sue,” (Form 161) before you can file a case based upon your federal claim. A lawsuit based on your federal discrimination claim must be filed in federal or state court within 90 days of the date you receive the notice. The 90 day deadline from receiving a "right to sue" notice is very important, as if you miss it, you may be barred from being able to file suit.

If you need clarification or additional information, please reply, and I'll be happy to assist you further. Thank you.

Related Employment Law Questions