FAQ

Generally, we recommend consulting with an attorney first, to ensure that you understand your rights and the process.  To file a claim of discrimination, harassment, or retaliation yourself, you typically start by filing a Charge of Discrimination with the appropriate agency. Usually, this is the federal agency (the Equal Employment Opportunity Commission or EEOC) or state agency (the Illinois Department of Human Rights or IDHR). From there, the agency investigates your claim and either issues a “substantial cause” finding that it is likely you were discriminated against, or determines that discrimination did not occur. Then, you are usually issued a “Notice of Right to Sue” letter, giving you 90 days to file a lawsuit. Consulting with an attorney will ensure that your charge is well-drafted and covers all of the necessary information.

It depends. Many cases are settled outside of the court system through negotiations with your employer, where both parties utilize an attorney.  The IDHR can take 6 months before they start investigating a charge. An actual lawsuit, if necessary, can take months or years to resolve. If you engage with an attorney, the process can be much faster. However, even with a lawyer, this process can take some time.

At The Garfinkel Group, LLC we often work on a contingency basis. That means that we do not charge you any up-front fees. We will be paid only if we recover money on your behalf. Other times, we will charge clients by the hour. Every case and situation is different. We try our best to come up with a creative solution that fits each your needs.

Collecting evidence of harassment is important. Before you complain to Human Resources or a boss, consider getting a signed statement from a coworker who has witnessed the behavior. Make sure that you retain all text messages, emails and other forms of communications.  Frequently, once you complain, the work environment can get tense and coworkers will be less likely to back up your story.

No, it is illegal in Illinois to secretly record phone calls or private conversations. Violators can be charged with a felony.

For harassment and discrimination claims, under Title VII of the Civil Right Act of 1964 and the Illinois Human Rights Act, you have 300 days from the last date of discrimination to file a charge of discrimination. If your sexual harassment claim involves any unwanted touching, like a sexual assault, the Illinois Gender Violence Act (“GVA”)  has a 7-year statute of limitations. For threats alone (without any unwanted touching) the statute of limitations is two years under the GVA.

For wage and hour claims, it is different. For unpaid overtime and minimum wage claims, the general rule is that claims can go back 2 or 3 years. For unpaid wage claims, like an unpaid paycheck, accrued vacation days, or commissions owed, the law allows you to go back 10 years.

No. You should engage with a lawyer to discuss how best to proceed to help you recover wages. In some cases, you CAN file a claim with the United States or Illinois Department of Labor. However, that can be a time consuming and difficult process to navigate without representation.

Yes. Under the FLSA (Fair Labor Standards Act), your immigration status is irrelevant to whether you are owed wages for work you performed. The same rule applies to claims of harassment and discrimination. However, in cases of harassment and discrimination, there may be some limits on the damages you can recover.

Usually, when you file a lawsuit, you start by filing a document called a “complaint” with a court. Then the parties will typically begin a process called “discovery,” which is where each side requests and exchanges documents and information. Discovery can often take months and, in some cases, years. Once discovery is complete, there are different possible next steps. Sometimes a party will file a motion called a motion for summary judgment. This is a document that they file with the court that argues that even though they have not yet gone in front of a judge or jury to decide their case, they should win because the evidence already produced requires it. Otherwise, the parties will begin preparing for trial and frequently this is a trial in front of a jury.

In some cases, employees sign a document called a “Mandatory Arbitration Agreement” when they are hired. It’s a document that takes away your right to go to a regular state or federal court and submit your case to a jury. It requires you to pursue your case through a different process called arbitration. There is no jury in arbitration, just an arbitrator picked by the parties. It is also not public and is instead typically confidential.