By far the most common call we get is from people with Illinois employment law questions. We are able to help a lot of people with compensation issues and some who have been truly treated illegally based on race, religion, job injury, pregnancy, etc.
The reality though is that employers can do a lot of scummy things and get away with it. That’s because while they are being unfair, they aren’t breaking the law and you don’t have a contract (like union workers) that protects you. Here are 30 things that we think suck that employers do anyway.
- Promoting a friend or relative over you. No law requires the most qualified person to get a job. Nepotism is not against the law, neither is favoring your buddy.
- Screaming at you. Harassment is illegal only if it’s being done for illegal reasons like your race, sexual orientation, etc. There’s no law against being an asshole. They can be condescending. They can tell you that you are dumb or bad at your job or useless, etc. If it’s not being done for illegal reasons it’s not a case.
- Changing your shift times. You might have taken a job because it fit your schedule, but if they tell you that you need to work a night shift, they can legally fire you if you don’t.
- Changing your job duties. A lot of people get hired for one job, but then get asked to do something else. That something else often isn’t a job you want to do.
- Going back on their word. I’ve had lots of calls from people who said something like, “My boss told me I didn’t have to work Christmas Day, but at the last minute they made me.” That’s shitty and totally legal.
- Changing your compensation structure. They can’t do it retroactively, but your employer certainly can cut your pay at any time. You can file for partial unemployment if that happens, but that’s about it.
- Not giving raises, a holiday bonus or throwing a holiday party even when the company is making a ton of money. These things are good for morale and you deserve it, but neither is required by law, even if they’ve always done it.
- They can micromanage you even if you don’t need the help.
- Not offering a severance agreement after a layoff. Many companies do this for good will and to make sure they won’t get sued for violating other laws in the future, but nothing requires a severance agreement be offered.
- Having you do someone else’s work, but not giving you a promotion or raise for it.
- Being short staffed. With the exception of some medical providers, there isn’t a law that requires most employers to have a certain amount of people present at any time. That can make your job feel overwhelming.
- Firing you for doing things they always allowed. If your employer always allowed employee discounts, a free shift meal, etc. and then fires you for taking advantage of that, it’s not an illegal termination.
- Talking badly about you. It’s not nice, but if they are gossiping or saying unkind things, it’s typically legal.
- Taking away your job after you’ve missed 12 weeks for FMLA. It would be nice if they worked with you, but they don’t have to.
- Moving the company out of state or far from your home. If they do so and you lose your job or you have a longer commute it’s completely legal.
- Cutting your hours or taking you off the schedule. There’s no guarantee that you’ll work a certain amount of time.
- Not giving any privileges for seniority even if they used to. Nothing in Illinois law requires this.
- Firing you if you miss work because you couldn’t find a baby sitter.
- Discriminate against you based on your age if you are under 40. That is totally legal in Illinois.
- Outsourcing any jobs. It sucks to see work go overseas, but your employer can do it.
- Not paying you for on call time. This is common for EMT’s especially where you need to be able to report within a couple hours notice and don’t get paid in any way for doing so.
- Having you take a last minute business trip that causes you to miss out on plans including something you’ve already paid for.
- Not providing security guards or other protection even when it’s clearly needed. While this could lead to a workers compensation claim or other case, there’s no law that requires security guards.
- Require overtime work. You might not want to do it or have other things planned, but they can make you work overtime if they deem it necessary. Of course they have to pay you for it too.
- Listen to your phone calls on the company phone. It’s not illegal eavesdropping if it’s done at work.
- Monitor your company computer activity. There’s no right to privacy there either.
- Have cameras in the break room, work areas, etc. Another way they can legally spy on you. They can’t put one in the bathroom or changing areas, but that’s about it.
- Have a dress code for employees that they don’t follow. This happened to me on my first lawyer job. We had to wear suits every day and the nepo baby boss would show up in a sweater. Totally legal.
- Drug test you. This one feels really invasive, especially if you aren’t working a job that involves heavy machinery or health care, but they can do it.
- Fire you because they are having a bad day. This is the definition of “at will” employment which means your job is at their will. You can win employee of the month award in the morning and get let go in the afternoon.
Note that if any of these things were done due to protected reasons under the law or other illegal activity, they can be sued for it. But quite often it’s just done because they are terrible employers, and all you can do is take it or look for a new job. If you have any questions about any of this, please call us for a free lawyer consultation any time at 312-346-5320.