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Would you be able to answer a question about employee

Hi Would you be...

Hi Would you be able to answer a question about employee rights?

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

None

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

At will hourly

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not sure. Anything else you may need to know?

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Answered in 5 minutes by:
3/14/2018
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,440
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please can you tell me what your concerns are?

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Customer reply replied 5 months ago
Hi,
My boyfriend disclosed he is epileptic to his job. They offered him a position with lower pay. In the meanwhile, they told him to go home and "think" about it. He called in the next day and told them he accepted the job. His manager then turned around and said he needed to get it approved and to wait for his call to come in. 3 days went by and no phone call. I advised him to show up. He did. But now they want him to use PTO (personal time off) to cover those 3 days he went with out pay. Is this legal?
Customer reply replied 5 months ago
Also, can they lower his pay by $3-$4 dollars?

I am working on your answer now. I am sorry for the delay. It takes some time to prepare a complete answer. Please note the phone call requests are generated automatically from the system. I do not control them.

Thank you for your patience and understanding.

Kind regards,

Gerald

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Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

His condition is covered under the Americans with Disabilities Act. What they are doing may be discriminatory. He may very well have a complaint for violating the ADA. If you tell me what state he is in I can link you to the state agency where he can file a complaint.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 5 months ago
State of ILLINOIS

Thank you . Please bear with me a minute.

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Customer reply replied 5 months ago
Thank you. Would you know anything about the lower pay rate? For example, can they lower it? If so, by how much?

He can file a complaint with the Illinois Human Rights Commission here:

https://www.illinois.gov/dhr/respondent/pages/illinois_human_rights_commission.aspx

He can also file a complaint with the US Department of Justice here:

https://www.ada.gov/filing_complaint.htm

You must file these administrative complaits before you can sue. It cost nothing to file the complaints. There is no guarantee of outcome, but it is the first step in dealing with this.

The reduction in pay is part of the ADA complaint. It is how they are discriminating against him. They are probably hoping that he doesn't know or that he will voluntary quit.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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Customer reply replied 5 months ago
Thank you!

You are very welcome. Good luck.

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Customer reply replied 5 months ago
In the meanwhile, should he follow what they tell him to do as far as taking PTO? Or should he reject it?

He can take it to keep his job if hewants and then try to get it back through the Complaint process. Or he can reject it and then be unemployed while he fights them.

He probably needs the work right now. He can look for other work and still file and pursue the complaint even after he leaves.

So it is up to him.

Financially he should probably accept their offer, file the complaint, look for other work while he is working.

The complaint process takes time, there is no immediate fix.

Good luck.

Kind regards,

Gerald

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Customer reply replied 5 months ago
ok

Good luck.

Please do not forget to click the five stars. It is important to me.

Thank you.

Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,440
Experience: Over 30 years of experience
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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