Illinois is for the most part a very employee/worker friendly state. One example of this is the strong protections given to workers who are victims of sexual or domestic violence. It’s through a law called VESSA which stands for Victims Economic Security and Safety Act. In short, if you are a victim of violence, this law allows you to deal with that process without facing discrimination or retaliation from your job.

Under VESSA law, you are entitled to a bunch of rights, some of which are similar to the Family Medical Leave Act. But VESSA goes farther. These rights include:

Unpaid Leave: Under VESSA, your Illinois employer must provide up to 12 weeks of unpaid leave every year if you are dealing with domestic or sexual violence. This leave covers time for medical treatment, counseling, legal matters, and safety planning. Notably, this leave also extends to employees caring for a family member (child, parent, spouse, or another relative) who is a victim.

Reasonable Accommodations: Employees can request reasonable workplace accommodations to deal with the effects of domestic or sexual violence. This might involve changes to work schedules, job duties, or even working remotely for safety reasons or to attend court proceedings. If working the night shift puts you at risk, you might be able to secure a change to the day shift.

Confidentiality: This is a big one as in most cases your employer doesn’t have to keep confidentiality. It’s different if you are a violence victim. Your employer must keep your status as a victim confidential and cannot disclose this information without your consent. If they do there are consequences, especially if it’s a willful disclosure or it causes you harm.

If your employer violates your VESSA rights, several remedies are available to ensure you are compensated and your rights are upheld. These include:

Getting back pay: If you’re wrongfully terminated or denied leave, you may be entitled to back pay, covering the wages you would have earned.

Getting your job back: You could be reinstated to your previous job with all benefits if wrongfully terminated. If your old job is unavailable, a comparable position should be offered. And if no job is available, that will likely increase what the case is worth.

Payment for lost benefits: Any lost benefits, such as health insurance or retirement benefits due to the violation could result in them having to pay you for it.

Emotional Distress Damages: While every case is different, you might be able to receive compensation for emotional distress caused by your employer’s behavior including for pain and suffering. This is often proven through evidence of counseling or other medical care.

Punitive Damages: In cases of really egregious or intentional conduct by the employer, punitive damages may be awarded to penalize and deter this bad behavior from happening again.

Attorney’s Fees: The good news is that if you sue with a lawyer under VESSA and win, your attorney fees are paid for by the employer. This really levels the playing field for workers. All of the Illinois VESSA attorneys we know work on a contingency basis which means they won’t ask you for any money to take on your case.

So what can attorney do for you? Quite simply, an experienced lawyer will great increase your chances of success. Knowing how to win a VESSA claim and work the way through the process can be the difference between winning and losing as well as between getting a small or large amount of money.

Your lawyer will be with you throughout the whole process to make sure everything is filed correctly and that your story gets properly told. This isn’t just making sure everything is filed in time (note there are short time limits for bringing these cases), but also managing the legal process so you can focus on your physical and mental health.

If you think your rights under VESSA have been violated or just simply have questions about the process, you can speak with us for free and in confidence any time. Call us at 312-346-5320. We cover all of Illinois.