Billhorn Law FirmChicago Pay Violation Attorney | Wage and Hour Lawyer2026-10-26T20:18:41Zhttps://www.billhornlaw.com/feed/atom/WordPressOn Behalf of Billhorn Law Firm<![CDATA[Can you be fired for filing a workers’ compensation claim?]]>https://www.billhornlaw.com/?p=482392026-10-26T20:18:41Z2026-10-26T20:18:41ZCan your employer fire you for filing a claim?
Illinois recognizes a common-law claim for retaliatory discharge, established by the Illinois Supreme Court in Kelsay v. Motorola, Inc., 74 Ill. 2d 172 (1978). Illinois follows at-will employment, but employers cannot fire workers in retaliation for filing a workers’ compensation claim.
Section 4(h) of the Illinois Workers’ Compensation Act also prohibits employers from interfering with or discriminating against employees who exercise their rights under the Act. However, not every termination following a workplace injury is unlawful.
What must you prove in a retaliatory-discharge claim?
Illinois courts require three elements: you were an employee at the time of your injury, you exercised a right under the Workers’ Compensation Act and your employer fired you because you did. The third element requires a causal connection between your activity and your termination.
Signs of possible retaliation include sudden termination after filing a claim, inconsistent explanations for your dismissal or negative performance reviews that conflict with earlier records. These signs may be relevant, but timing alone does not prove retaliation.
Your employer may assert a legitimate reason for the termination. You bear the burden of proving each element, and your work history, the timing and your employer’s stated reason may all be relevant.
What can you do if you suspect wrongful termination?
If you believe your employer fired you for filing a claim, preserve relevant evidence:
Keep records. Save termination notices, performance reviews and relevant messages or emails.
Document the timeline. Note the dates of your injury, claim and termination.
A successful claim may result in lost wages, compensatory damages, and, in some cases, punitive damages. These remedies are not automatic and depend on the facts of your case.
What should you do if you were fired for filing a claim?
If your employer fired you after you reported a workplace injury or filed a claim, consider speaking with an Illinois employment attorney. Organized records can help an attorney evaluate your options.
Learn more about job-related employment disputes and the legal protections that may apply to your situation.]]>On Behalf of Billhorn Law Firm<![CDATA[How to tell if your lower pay is discrimination or not]]>https://www.billhornlaw.com/?p=482372026-10-14T18:02:40Z2026-10-14T18:02:40ZWhat the law protects against
Federal law bans pay discrimination based on protected traits. The Equal Pay Act requires equal pay for equal work regardless of sex. Title VII of the Civil Rights Act extends protection to race, color, religion and national origin. The Age Discrimination in Employment Act covers workers 40 and older.
Illinois law adds further safeguards. State rules ban pay gaps rooted in protected traits. Employers must justify differences with real business reasons.
Lawful reasons for pay differences
Not every pay gap signals discrimination. Employers may lawfully base wages on seniority, merit systems or production output. Education, specialized skills and prior experience can justify higher pay.
Location, shift differentials and market rates for specific roles create lawful variations. The key question centers on whether the reason connects to your work contributions or to traits the law shields.
Signs that point to discrimination
Certain patterns suggest bias. Coworkers with similar duties, experience and performance earn more while differing only in protected traits. Managers offer vague explanations or shift justifications when questioned.
Comments about age, gender or national origin accompany pay decisions. Written policies exist but apply inconsistently across protected groups. Documentation of your work quality matches or exceeds higher-paid colleagues.
Gathering evidence matters
Strong cases rely on clear records. Pay stubs, performance reviews and job descriptions establish baselines. Emails or messages about pay decisions create a paper trail.
Comparing your role to others doing substantially similar work reveals whether differences stem from real factors or bias. Witness accounts from coworkers who saw wage-related disputes add credibility. Detailed evidence strengthens your ability to prove discriminatory intent.
Protecting your rights
Pay discrimination harms workers and violates basic fairness principles. If evidence suggests bias rather than lawful business reasons, consulting a qualified attorney clarifies your options and helps protect your rights under state and federal law.]]>On Behalf of Billhorn Law Firm<![CDATA[3 common examples of wage theft]]>https://www.billhornlaw.com/?p=481542026-09-29T00:49:07Z2026-09-29T00:49:07ZMany people today are working more than one job to meet their needs. Any kind of change to their income can create financial strain. People may need to be aware that their income can change without them knowing. Wage theft is a common occurrence employees face.
Wage theft occurs when an employee is not paid entirely for their work. Wage theft is not always obvious. Employees may need to learn about a few common ways wage theft occurs. Here is what you should know:
1. Unpaid overtime
When an employee works more than their regular hours, they may be entitled to overtime pay. In Illinois, overtime pay equals one and one-half of an employee’s regular wages for every hour worked past 40 hours in a workweek. In other words, an employee who earns $20 per hour can earn $30 after 40 hours of work. However, employers often illegally avoid paying overtime in a number of ways. For example, an employer may try to avoid paying overtime by having an employee work off-the-clock.
2. Worker misclassification
Employers may try to misclassify their employees as independent contractors to avoid paying minimum wage or overtime. This also robs misclassified employees of additional income and benefits, such as vacation time, sick leave, potential insurance benefits and entitlement to workers' compensation after a workplace injury.
3. Minimum wage violations
Minimum wage is the lowest dollar amount an employer can pay their employees. If an employee is paid less than minimum wage, it may be considered wage theft. In Illinois, that's $15.00 per hour for non-tipped employees, $9.00 per hour for employees who are tipped (so long as the employee makes at least $15 per hour) and $13.00 per hour for some minors (dependent on how many hours they work per year). However, there are local exceptions that must be observed. For example, Chicago mandates a minimum wage of $17.05 per hour and $12.96 per hour for tipped employees. Professional legal guidance can help victims of wage theft recover their lost wages.]]>On Behalf of Billhorn Law Firm<![CDATA[Is your “working lunch” unpaid labor?]]>https://www.billhornlaw.com/?p=481422026-09-21T09:23:04Z2026-09-21T09:23:04ZIllinois law protects your right to a true break
Under Illinois law, your employer can only skip paying you for a meal period if you are completely free from all duties. This means a genuine break where you can leave your workspace, eat in peace and handle personal matters without interruption. For most adult employees who work at least 7.5 continuous hours, Illinois law mandates a meal break of at least 20 minutes. Nonetheless, many employers typically choose to provide 30 minutes.
However, the moment your employer asks you to monitor emails, answer phones or stay available for "quick questions," that break transforms into work time. Your employer no longer relieves you of duty. Instead, you remain on the clock—and your employer owes you compensation for that time.
Common scenarios that cross the line into paid work time
Many professionals encounter situations where their lunch breaks disappear without fair compensation. Recognizing these patterns helps you protect your earnings:
Your supervisor schedules a "lunch and learn" meeting and expects attendance
You must remain at your desk to answer phones or greet visitors
Your employer automatically deducts 30 minutes from your timecard, even when you worked through lunch
You receive work-related texts or calls during your break and feel obligated to respond
Your manager asks you to eat while monitoring equipment or waiting for deliveries
These scenarios share one critical element: your employer maintains control over your time. When you cannot use your break for personal reasons, that time belongs to your employer—and they must pay you for it.
Keeping records strengthens your position
Start documenting every interrupted or missed meal break immediately. Note the date, time and specific tasks you performed during what should have been your break. Save any emails or messages that arrived during these periods. Take photos of your workspace clock if needed.
This personal log becomes powerful evidence if you decide to pursue a wage claim. Illinois law gives you up to three years to file most wage and hour claims, but acting sooner protects your rights more effectively.
Your next steps toward fair compensation
If your employer controls your break time or requires you to perform any duties, you deserve payment for every minute you contribute to your workplace. Those accumulated minutes represent money that should support your household and provide security for your children.
If you suspect your employer shortchanges your pay, reach out for a consultation. Legal advocates who focus on Illinois wage and hour law can review your situation and help you recover what you have earned.]]>On Behalf of Billhorn Law Firm<![CDATA[Is tip pooling legal in Illinois?]]>https://www.billhornlaw.com/?p=481412026-09-14T11:34:36Z2026-09-14T11:34:36ZMost of the time, when employees receive tips, those tips are given directly to the employees. A customer may just leave cash on the table for a server, for example. If they pay with a credit card, which is increasingly more common, then they may leave a tip on that credit card.
Tip pooling, on the other hand, is when all of the tips are gathered together at the end of the night. These tips are then split up equally among the entire waitstaff. Generally speaking, this is not prohibited under Illinois law. Employees do not always prefer tip pools because they may feel that they have earned more than their fellow coworkers but are still being paid the same amount in tips when everything is equally divided. But as long as those tips still go to the group of employees that earned them, tip pooling can be instituted.
Employers cannot be included
One of the biggest issues that arises, however, is when someone who did not earn the tips is included in the pool. This could be a supervisor, a manager or a business owner.The key thing to keep in mind is that an employer cannot be added to a tip pool and cannot take a portion of the tips. Even if the employer helped the waitstaff by carrying items to customers’ tables, for example, they still cannot be included with the other tipped employees. This could be a form of wage theft because the full value of the tips is not going to the waitstaff.In some cases, tip pooling is instituted legally and used appropriately. But in other cases, there are significant conflicts and wage and hour disputes. It is important for those involved to understand what legal steps to take.]]>On Behalf of Billhorn Law Firm<![CDATA[Can your Illinois employer pay federal minimum wage?]]>https://www.billhornlaw.com/?p=481402026-08-26T19:02:37Z2026-08-26T19:02:37ZAt the federal level, the minimum wage has been set at $7.25 per hour. All states must pay at least this much, even if they do not have a set state minimum wage.
In Illinois, however, the state-level minimum wage has been set at $15 an hour. This is more than twice the federal level.This can sometimes cause conflicts. For instance, perhaps you just got a new job that was advertised as paying minimum wage. You assumed that this meant you would get $15 per hour, but your first paycheck showed that you are only being paid $7.25 per hour. When asked, your boss insists that they can pay you the federal minimum wage. Is this legal?
The higher wage must be followed
No, even if your boss believes they can pay you the federal minimum wage, this would typically still be illegal. For most workers, the higher wage must be paid. Since Illinois has a higher minimum wage than the federal limit, employers must pay at least $15 per hour.This regulation applies to businesses in the private sector. There are sometimes exceptions, such as for federal employees, who may not be bound by the same restrictions. But if you work for a local business and you are not a federal employee, your employer does have an obligation to pay you the higher minimum wage. Refusing to do so and only paying you at the federal level could be a form of wage theft.These types of wage and hour disputes can become complicated. If you believe you are not being paid fairly, it can help to work with an experienced attorney.
]]>On Behalf of Billhorn Law Firm<![CDATA[Understanding overtime pay and wage theft in Chicago]]>https://www.billhornlaw.com/?p=481392026-08-15T20:00:01Z2026-08-15T20:00:01ZOvertime pay laws allow employees to earn one and one-half times their typical rate of pay if they work more than 40 hours in a workweek. For example, an employee who earns $20 an hour can earn $30 for that additional time worked.
However, some employees are not entitled to overtime pay. Because of this, employers may take advantage of overtime laws to avoid paying employees their full wages. Understanding overtime pay laws can help employees identify wage theft. Here is what you should know.
Who is not entitled to overtime pay?
Employees who are entitled to overtime pay are considered non-exempt. Once a non-exempt employee works more than 40 hours in a workweek, they are often entitled to overtime pay rates. However, exempt employees cannot earn overtime pay.
Following are some examples of exempt employees:
Agricultural laborers
Some sales staff
Executive managers
Administrative workers
Professionals with advanced degrees
Further, independent contractors typically cannot earn overtime pay. They are also not entitled to many of the same protections or benefits as other employees.
What if an employer misclassifies an employee?
Some employers may violate state and federal laws by not paying their employees overtime pay. Employers can do this by misclassifying their employees as exempt or as independent contractors. However, employees who are considered non-exempt under the law are entitled to overtime wages if they have earned them. Experienced legal guidance can help employees recover the wages to which they are entitled under the law.]]>On Behalf of Billhorn Law Firm<![CDATA[Can an employer fire you for reporting discrimination?]]>https://www.billhornlaw.com/?p=481362026-08-03T17:51:24Z2026-08-03T17:51:24ZWorkplace discrimination occurs when an employer, manager or employee treats someone unfairly based on their race, color, religion, gender, disability or another legally protected characteristic in the workplace. For example, someone might be paid less than their coworkers because of their gender.
When discrimination occurs, employees can file a claim that they were unlawfully subjected to workplace discrimination – yet, many incidents of workplace discrimination are never reported because the affected employees fear retaliation. In truth, the law considers reports of discrimination to be a protected activity. If an employer retaliates – and some may – they can face additional legal consequences.
What are protected activities?
Equal Employment Opportunity (EEO) laws grant employees “protected activities.” Some protected activities employees may have include:
Reporting workplace discrimination or harassment
Refusing to participate in discrimination
Requesting disability or religious accommodations
Whistleblowing unlawful workplace activities
EEO laws protect employees from retaliation when they engage in protected activities. Retaliation can include the following:
Wrongful firing
Wage garnishment
Unreasonably poor performance reviews
Verbal or physical abuse
Unreasonable job expectations
Unexpected job role changes
If an employee is suddenly treated differently after reporting workplace discrimination or engaging in a protected activity, they could be facing retaliation. Knowing your rights can protect you from job loss. If you want to learn more about your legal rights and protected activities, then you should consider reaching out for professional legal guidance. You may be entitled to compensation for the harm an employer caused you]]>On Behalf of Billhorn Law Firm<![CDATA[Incorrect paychecks adversely affect employees]]>https://www.billhornlaw.com/?p=481332026-07-21T13:16:14Z2026-07-21T13:16:14Zpay errors often involve employees being paid incorrect rates or missing hours. Unpaid overtime and improper deductions are also possible. These errors are often attributed to human error or software problems, but the cause doesn’t negate the effects missing pay can have on an affected employee.
How can pay errors affect employees?
A short paycheck can mean that an employee can’t pay their bills. This can lead to late charges. It may also cause them to have overdraft charges if they have any automatic withdrawals that can’t be covered.
Most employees who don’t receive the pay they’re due will also spend time reviewing their hours worked and trying to contact the appropriate person to address the issue. This can take time away from other activities or duties, and it can be stressful.
Paychecks that aren’t handled properly can also lead to mistrust of one’s employer. Employees may feel unsure about working because they may not want to have to continually monitor their pay. Clear payroll practices, accurate record keeping and established procedures for reporting discrepancies can all help employees who are dealing with this situation.
Employees who don’t receive the pay they’re due may choose to take legal action. These cases can be complex, so it’s often beneficial to work with a legal professional who is familiar with these matters.]]>On Behalf of Billhorn Law Firm<![CDATA[What if your employer changes your commission plan after a sale?]]>https://www.billhornlaw.com/?p=481312026-07-14T07:07:17Z2026-07-14T07:07:17ZLimits on retroactive reductions
Under Illinois law, your commission becomes earned pay once you complete everything required by the plan. If that happened before the new structure took effect, your employer generally must use the earlier rate for that sale.
Your employer can still lower rates, change tiers or introduce a different formula for future work. However, the company must notify you before you perform the work covered by those terms and cannot use them to reduce a commission you already earned.
Terms defining commission entitlement
Illinois law generally looks to your sales compensation agreement to establish when your right to payment arises. Depending on the language used, that point may occur when:
The customer executes a contract or submits a binding order
The employer ships the goods or begins providing the service
The buyer pays the invoice in full
The scheduled payout date arrives while you remain employed
These conditions matter because closing the deal may represent only one stage in the compensation process. If delivery or payment remains pending, or if the plan requires you to remain employed through the payout date, the commission might not qualify as earned wages.
Records identifying controlling terms
Commission disputes often turn on which version of the pay structure governed a particular transaction. Several documents may help clarify the timeline:
The plan document, offer letter or employment agreement in effect when you completed the sale
Emails or memoranda explaining the revision and the date it took effect
Pay statements showing how the employer calculated similar earnings in the past
Sales reports, invoices or customer records confirming when the transaction reached each required stage
Viewed together, these materials connect the written arrangement to the history of your sale. They can show whether you completed the qualifying steps under the earlier version and whether the difference resulted from timing, interpretation or a payroll error.
Options for recovering unpaid compensation
A written request to payroll or human resources can resolve the issue, especially when the difference stems from an administrative error or a different interpretation of the sales arrangement. You can identify the transaction, explain your calculation and ask which version the company used.
If the matter remains unresolved, you may file a wage claim through the Illinois Department of Labor’s online system or bring a civil action, but you generally cannot pursue both for the same underpayment. Either route may provide the unpaid amount plus damages equal to 5% for each month it remains outstanding.
It is important to know that each filing period differs. A wage claim filed with the department generally must be submitted within one year after the commission became due, while a lawsuit usually has a 10-year deadline.]]>