Employers who violate employment laws force workers to walk a tightrope, precariously balanced between what’s fair and who’s boss.
It’s what they don’t teach you in school or tell you in a job interview. It’s something Mom never warned you about, especially if Mom taught you to be a boss-abiding employee.
Fortunately, it doesn’t happen often. But if it happens to you, it pays to know which state and federal agencies will take up the battle for you, free of charge.
“If you have a question about something that’s happening to you in the workplace, a neutral government agency can help you understand your situation and make it better, benefiting everyone else working there under the same circumstance,” says Cynthia G. Pierre, deputy district director of the Equal Employment Opportunity Commission, which enforces federal anti-discrimination employment laws.
In a nutshell, state and federal employment laws protect your rights to work in a safe and healthy place, to be paid fairly and to work free from harassment and discrimination.
“When people think of `government,’ they fear stumbling blocks, but it’s a user-friendly and customer-oriented process,” says Connie Knutti, assistant administrator of the Illinois Department of Labor, which administers 11 Illinois employment laws. “These agencies create an avenue for employees to get help and guarantee their statutory rights. It’s important that (employees) pursue what’s in their best interest.”
If an employee is being mistreated but really needs the job and fears retaliation by the boss, a claim can sometimes be filed anonymously. On-the-job health and safety issues can be reported anonymously to the Occupational Safety and Health Administration; wage and compensation disputes to the U.S. Department of Labor; and minimum-wage claims to the Illinois Department of Labor.
Henry Rodriguez, acting district director of the U.S. Department of Labor’s Wage and Hour division in Chicago, said laws protect workers from employer retaliation regardless of whether a complaint was made anonymously.
Fair pay is one of the most common issues brought to government agencies for resolution, says the Illinois Department of Labor’s Knutti. Common complaints center on a company’s failing to pay overtime or commissions or denying the last paycheck and vacation pay after the employee is fired or quits.
The Illinois Department of Labor and the U.S. Department of Labor, which administers more than 180 federal employment laws, are the two agencies that will investigate your wage dispute and ensure you’re compensated fairly for money you have earned.
Typically, the state agency assists workers of businesses with four or more employees and enforces laws from minimum wage and overtime to the Personnel Records Review Act, which allows employees to review the records their companies keep on them. The federal agency, which also covers minimum wage and overtime laws, and pension and welfare benefits, assists people who work in businesses with one employee or more.
To determine whether your situation would be resolved more effectively under state or federal laws, call or write the agencies for guidance.
The unexpected layoff or need to quit because of untenable working conditions is cushioned by unemployment compensation. The Illinois Department of Employment Security provides eligible Illinois workers with unemployment benefits and job-seeking services to weather the storm, but people must take the initiative to file for the benefits.
Once a benefit claim is filed, the company is notified and informs IDES whether it agrees or disagrees with the claim. Typically, companies fight an ex-employee’s claim to earn benefits when the former employee was fired for engaging in illegal workplace activity, such as stealing company property, or quit without proving his or her workplace circumstances were unbearable. If a claim is contested, a hearing between employer and employee is held in front of IDES’ judiciary committee.
“You worked for the money, and you’re entitled to it,” says Shari Kertez, spokeswoman for IDES. “The money is a safety net to bridge the gap between your lost job and a new one, so it’s important that you file with your local office.”
Harder to pinpoint, but just as important as unfair pay, are working conditions that may be hazardous to your health.
On-the-job accidents and unsafe working conditions resulting from negligent management violate your right to work in a safe and healthy place. OSHA, a division of the U.S. Department of Labor, investigates job sites to see whether there’s anything in the environment that might currently or potentially harm employees. Typically, employees report incidents and workplace conditions to OSHA, then OSHA steps in to enforce laws and ensure the company immediately improves the conditions.
Workers injured on the job or stricken by work-related illness can turn to the Illinois Industrial Commission, which administers the state’s Worker’s Compensation and Occupational Diseases Act.
When a worker is discriminated against because of race, ethnicity, gender, sexual orientation, religion or disability, both state and federal agencies are ready to step in.
“I had found my dream job, but never would have guessed that I’d end up quitting because of an ignorant boss who didn’t like my ethnic background,” says Mikael (who asked to be identified by first name only), who recently filed a discrimination charge with the EEOC against his boss. He alleges his boss subjected him to ethnic slurs and an unfair demotion.
“I spent my days in fear of my boss. It was awful to like the work but not tolerate being there,” he said.
The EEOC enforces federal anti-discrimination laws and the state’s human rights department administers the Illinois Human Rights Act, which also protects employees from discrimination and sexual harassment in the workplace. To determine whether your situation would be resolved more effectively under the state’s or EEOC’s jurisdiction, call or write the agencies for guidance.
SOURCES OF ASSISTANCE
Where to reach the agencies that can help solve your work problems:
– Illinois Department of Employment Security. To locate your nearest office, check the telephone book’s blue pages under State of Illinois or call 312-793-5280. The TDD phone number is 312-793-3184.
– Illinois Department of Human Rights, 100 W. Randolph St., 10th floor, Chicago 60601, 312-814-6200 and via its Internet site at www.state.il.us/dhr. The TDD number is 312-263-1579. To obtain a copy of the Illinois Human Rights Act, check your local library or visit the department’s Internet site.
– Illinois Department of Labor, 160 N. LaSalle St., 13th floor, Chicago 60601, 312-793-2800 and via the Internet at www.state.il.us/agency/idol.
– Illinois Industrial Commission, 100 W. Randolph St., 8th floor, Chicago 60601, 312-814-6611. The TDD number 312-814-2959.
– Occupational Safety and Health Administration, 230 S. Dearborn St., 32nd floor, Chicago 60604, 312-353-2220 and via the Internet at www.osha.gov. The after-hours emergency number is 1-800-321-OSHA. The TDD number is 800-326-2577. There also are branch offices in North Aurora, Calumet City and Des Plaines.
– U.S. Department of Labor, 230 S. Dearborn St., 31st floor, Chicago 60604, and via the Internet at www.dol.gov. For specific services, check the telephone book’s U.S. government blue pages under Department of Labor. For wage issues, call 312-353-8145. The TDD number is 800-800-4571.
– U.S. Equal Employment Opportunity Commission, 500 W. Madison St., 28th floor, Chicago 60661, 312-353-2713, and via the Internet at www.eeoc.gov. The TDD number is 800-669-6820.
