Summary
The user was terminated for accumulating 3.5 points under her employers point system. She was not aware of any changes to the point system policy and was not informed about her accumulated PTO until after termination. In Illinois, wrongful termination can occur if the employer violates their own policy, fails to communicate significant policy changes, or violates employee rights under the law. The user has not received her unused PTO payout after termination. In Illinois, employers are required to pay out unused PTO upon termination. If not, the user may have a claim for unpaid wages. The user was advised to consider filing a wage claim with the Illinois Department of Labor.Full Conversation
Wrongful termination
Can you provide more details about the circumstances of your termination, Allie?
Terminated for a write up for having *.* points, normally management takes pto and uses it to cover planned absence or for a call in, in my case I had it to cover one of the points that could of spared me getting fired, I also tried to prevent being terminated by asking a supervisor about switching to nights and was told no, I needed to be get back to work.
What state are you located in, Allie? Employment laws can vary by location.
Illinois
What is your employer's policy on point accumulation and termination? In Illinois, wrongful termination claims can be based on violation of company policy.
Employer doesn't provide a handbook to employees, policy change without notice to employees. Last I know at * points it was a warning then a write up we have a * point system
Did your employer provide any written or verbal notice about the change in the point system policy?
In Illinois, employers are generally required to provide notice of significant policy changes.
No
In Illinois, if an employer fails to notify employees about significant policy changes, it could potentially be grounds for a wrongful termination claim.
Correct
Did you have any written communication with your employer about using your PTO to cover the points?
In Illinois, wrongful termination can occur if:
- Employer violates their own policy
- Significant policy changes aren't communicated
- Employee rights under the law are violated.
No usually management will use employees PTO without permission to cover the absence
Did you ever express your disagreement or concern about the unauthorized use of your PTO to your employer?
No I wasn't aware of having any PTO until after I was fired
Did you receive any documentation or pay stubs indicating the accumulation of PTO? In Illinois, employers are required to pay out unused PTO upon termination.
Yes
Have you received your unused PTO payout after termination?
Explanation: In Illinois, employers are required to pay out unused PTO upon termination. If not, you may have a claim for unpaid wages.
No
Did you receive your final paycheck and did it include your unused PTO? In Illinois, employers are required to pay final wages, including unused PTO, on your next scheduled payday.
Not yet
In Illinois, if your final paycheck doesn't include your unused PTO, you can file a wage claim with the Illinois Department of Labor. Have you considered this?
No
You should consider filing a wage claim with the Illinois Department of Labor. Here's their contact: (*) *-* or you can visit their office at * N. LaSalle, Suite C-*, Chicago, IL *.
Wrongful termination lawyers
What city are you located in, Allie? I can provide you with contact details of wrongful termination lawyers near you.
Rockport Illinois
Here are some wrongful termination lawyers near Rockport, Illinois:
*. Law Office of Robert E. Sabers: (*) *-*, * E 3rd St, Sterling, IL *
*. The Law Offices of Peter F. Ferracuti: (*) *-*, * E Joliet St, Ottawa, IL *
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