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The Key To Winning A Failure To Diagnose Cancer Lawsuit

Cancer affects approximately 40% of Americans in their lifetime including about two million every year. Fortunately the treatments are getting better and better and while cancer still sucks, it doesn’t always have to be a death sentence.

The key to beating cancer is early detection and diagnosis. The sooner you can begin treatments, the better your chances of survival. That is just common sense.

Unfortunately, a lot of people get cancer that isn’t caught early and quite often that’s because a doctor or other medical provider dropped the ball somewhere along the line. It’s shocking to me how often this is due to a simple lack of communication. You’d think that if there was the possibility of cancer that bells and whistles would go off, or at least there would be a backup system to make sure the patient is notified.

This brings me to the key for any Illinois medical malpractice lawyer to win a lawsuit for a failure to diagnose cancer. We typically are looking for at least a six month delay. That means six or more months have passed since a doctor should have known you have cancer to when they discover or tell you that you have it.

Here are some examples of cases we’ve worked on.

  • A man had a PSA test which is a blood screen test for prostate cancer. His level was reported at 12 which is a very high level, but nothing was reported to him and no intervention done. A year later he had stage four prostate cancer.
  • A non-smoking female was checked for a possible heart aneurysm. That test also turned up a suspicious 1.4 cm mass in her left lung. No radiologist interpreted that mass or advised her it existed. All of the focus was on the possible aneurysm which was fine. Three years later she had difficulty breathing and slurred speech. It was discovered that the mass had grown to three times the size and cancer had spread to her brain.
  • A young woman had a lump in her chest. Her primary doctor examined her and told her it was just a fatty deposit. Nine months later she had stage 3 breast cancer and needed a double mastectomy.
  • A man in his early 40’s reported blood in his feces and fatigue. For some reason a colonoscopy wasn’t ordered. More than a year later it was discovered he had colon cancer.

What all of these sad situations have in common is that had the medical professionals done their job, the cancer would have been caught at a much more manageable time. Studies have shown that if there’s a delay of at least six months it can make a really big difference in the ultimate outcome.

Note that you can’t ever go back farther than four years to sue for malpractice in Illinois (when over 18) so it’s important to act fast. That of course can be hard when you’ve been handed life altering medical news, but hopefully you or someone in your life can make a call. It takes time to investigate these cases so time really is of the essence.

If you’d like a free consultation with an experienced malpractice lawyer, please call us at 312-346-5320 any time. We promise to treat you like a family member or friend and do whatever we can for you.

30 Crappy Things Your Employer Can Get Away With

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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. They can micromanage you even if you don’t need the help.
  9. 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.
  10. Having you do someone else’s work, but not giving you a promotion or raise for it.
  11. 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.
  12. 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.
  13. Talking badly about you. It’s not nice, but if they are gossiping or saying unkind things, it’s typically legal.
  14. 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.
  15. 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.
  16. Cutting your hours or taking you off the schedule. There’s no guarantee that you’ll work a certain amount of time.
  17. Not giving any privileges for seniority even if they used to. Nothing in Illinois law requires this.
  18. Firing you if you miss work because you couldn’t find a baby sitter.
  19. Discriminate against you based on your age if you are under 40. That is totally legal in Illinois.
  20. Outsourcing any jobs. It sucks to see work go overseas, but your employer can do it.
  21. 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.
  22. Having you take a last minute business trip that causes you to miss out on plans including something you’ve already paid for.
  23. 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.
  24. 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.
  25. Listen to your phone calls on the company phone. It’s not illegal eavesdropping if it’s done at work.
  26. Monitor your company computer activity. There’s no right to privacy there either.
  27. 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.
  28. 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.
  29. 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.
  30. 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.

Illinois Compartment Syndrome Attorneys

Since 2001, we have helped people find the best lawyer for their case. Only a handful in Illinois have a real track record of winning compartment syndrome cases. Call us at 312-346-5320 for a free, confidential consult.

Compartment syndrome is a buildup of pressure around your muscles. When there is too much pressure around your muscles, less blood, less oxygen, and fewer nutrients flow to your muscles and nerves. Compartment syndrome is very painful and in some cases it can lead to catastrophic results if it’s not diagnosed and treated in time. When that happens in Illinois, you could have a medical malpractice lawsuit.

Medically speaking, a compartment is a group of muscles, nerves, and blood vessels. Compartments are covered by a thin casing of tissue (or a membrane) called fascia. Fascia helps hold things in place. Fascia also has nerves that make it almost as sensitive as skin. Compartment syndrome results from the extra pressure inside a compartment causing the muscles to press against the fascia more than is normal. We are lawyers, not doctors, but it’s important to hire a lawyer who understands this complex medicine.

Compartment syndrome can happen to any muscle group, but is most common in people’s legs (especially lower legs), feet, belly, buttocks, and arms (including hands and wrists). We see it a lot in people with back pain that doesn’t get diagnosed quickly enough and even after surgeries.

The two types of compartment syndrome are acute and chronic. Acute compartment syndrome is caused by a sudden traumatic event such as an accident or severe injury. A trip to the ER is necessary. Chronic compartment syndrome, on the other hand, happens over time, especially after intense physical activity on the job or exercising. It can also be a natural part of the breakdown of your body even if you are otherwise healthy.

Both acute and chronic compartment syndrome can be caused by someone’s work activities. A fall from a ladder, a collision in a company vehicle, or an injury using a work tool or machinery are just a few examples of work accidents that lead to the acute type. Construction work, heavy lifting, and other physically demanding work that someone performs day after day can lead to the chronic type.

Common symptoms of compartment syndrome are:
• Muscle pain (more severe than normal soreness)
• Loss of urine and/or bowel control
• Severe pain when stretching the muscle
• Visible swelling or bulging around a muscle or just feeling like your muscle is firmer or bigger than usual
• Numbness
• Burning or tingling feeling under your skin.

As acute compartment syndrome is a medical emergency, the treatment is surgery. A surgeon will perform a fasciotomy in which they will cut through the skin and fascia to relieve the pressure in the muscle compartment that is affected. After the swelling and pressure go away, the surgeon will close the incision. If this problem isn’t caught quickly enough, surgery may not fix the problem. You could end up paralyzed and/or permanently incontinent.

Chronic compartment syndrome is usually treated with medications to reduce pain and inflammation. Modifying your work activities (less intense and/or less repetitive motions) may also be necessary, as well as physical therapy. In some cases, a fasciotomy is the course of treatment that can be tried to reduce the pain.

We help people with legal cases for compartment syndrome in a few ways. First off, we know the best Illinois medical malpractice lawyers to sue for a failure to diagnose compartment syndrome. If your symptoms don’t resolve after surgery, you may be entitled to significant compensation.

We also help a lot of injured workers, car accident victims and others who can bring a case based on how their problems originally started. It’s not unusual to see a back injury from work result in compartment syndrome and have devastating results.

We have a track record of success and promise to treat you like a family member or friend. If you’d like a free consultation with a lawyer, we can help everywhere in Illinois. Call us at 312-346-5320.

How To Win A Slip And Fall On Ice Lawsuit In Illinois

The weather in Illinois is brutal right now. The low in Chicago today is one degree. I guess that’s better than the minus four degrees we experienced yesterday.

With the cold weather of course comes snow and ice. That leads to a lot of slip and fall injuries unfortunately.

Regrettably a lot of the people who call us with these injuries we can not help. That’s because of an Illinois law that says that if you fall due to the natural accumulation of snow or ice and sustain an injury, the property owner isn’t liable.

What does natural mean? Generally speaking it’s what happens because of what happens naturally due to the weather conditions. So if you are walking in a parking lot and you slip on ice, that’s probably not a case against the property owner. Unnatural would be something like ice that forms from coming off an awning or a gutter spout.

And if you fall because your landlord didn’t shovel or salt the area, that’s usually not a case either. They can’t be expected to do that while the bad weather is occurring and generally speaking don’t have a legal obligation to do this at all.

So are injuries from falls on snow or ice doomed? No. There are a bunch of ways to win these cases.

If the property or business owner does clear the area, but does so in a negligent way, that could lead to a case.

But the biggest thing you should look out for is was there someone who was contractually obligated to clear or salt the area that failed to do so. In many apartment buildings, office complexes and places open to the public, the property owners contract with companies to have these areas cleared so people can walk safely. They aren’t responsible for doing that 24/7, but if it snows hard on a Monday and they haven’t cleared it by Wednesday, that may put liability on them and/or the property owner.

These aren’t things you’ll think of as you lay on the ground in terrible pain, but you should think of as soon as you reasonably can. You can ask your boss, landlord, etc. You can look at a copy of your lease to see if it says anything about it. You can even ask the people who eventually do clean or salt an area how often they are supposed to be there.

It’s not a slam dunk, but in my experience, if you want to win these difficult cases and be compensated for your injuries, this is often the best way to do so.

And of course, if you have any questions as to if you even have a case or want an attorney recommendation, please call us any time at 312-346-5320.

Winning Criminal Lawyer In Chicago

When people call us for Illinois criminal attorney referrals, one question we get a lot is, “Do they have a winning record?” There is a perception out there that you can look up an attorney’s record like they are baseball standings on espn.com or something.

The truth is that there are no win/loss records available for criminal defense lawyers in Illinois. And even if they were, they would be incredibly misleading for a couple of reasons.

First off, consider someone like the disgusting Highland Park shooter or any other criminal who is literally caught red handed doing their crime. If you are on video doing the act or there are tons of eyewitnesses, the “best” criminal lawyer in the world isn’t going to get that case dismissed. So if that is your idea of a win, that is impossible.

More so, what a win actually is is open to interpretation. If I told you that you were getting a two-year prison sentence for a drug charge, you’d probably consider that a loss. Nobody wants to go to prison. But a couple of years ago, I helped a family find a top Chicago criminal lawyer, and he got their son a two year sentence, and they were so happy that they couldn’t stop hugging him. Why? Well that’s because before they came to us, the public defender was telling them the best they could do was an eight-year sentence. This person was guilty with no defense, but the family considered it a win because the sentence was so much better.

In some cases, a win is just that, getting the charges dismissed or being found not guilty at trial. In other cases you’d consider it a success if you got court supervision or probation without jail time. For some people a win is getting a serious felony reduced to a misdemeanor. And for some a win might mean that instead of a life sentence with no parole you are eligible for parole in 20 years.

The key point is that every case is different. A win to you could be a loss to someone else and could be neither to another person. Every result requires context and facts.

So if a lawyer tells you they’ve never lost a case, they are either lying or have been in practice for a week. Or if they say they have a better than 90% success rate, they are spinning what that actually means to market themselves to you. The best criminal attorneys don’t get a great result in every case. They do increase your chances of a great result though.

If you’d like our recommendation to a top criminal attorney, please call us any time at 312-346-5320.

Illinois Personal Injury – Police Chase Accidents

All drivers are aware that when you see police lights or hear the sirens, you get out of the way and move over to let them pass through. But on some occasions, the police officer is chasing a suspect in another vehicle at such a high rate of speed that there is no time to react. In fact, there are sadly some instances in which the police car or suspected criminal collides with an innocent driver’s vehicle during the pursuit of the suspect.

What happens if one of the cars involved in a high speed pursuit causes bodily harm or even death to the innocent driver or passengers in a car? The city that employs the police officer should be held accountable for the injuries and/or death. The city should pay for the medical bills and/or for the value of the life lost in the collision.

The police of course have a right to go after a criminal. But when doing so requires them to drive at such a high rate of speed that it becomes dangerous for the public, they are supposed to back off. When they don’t it might be a lawsuit.

Let’s take a look at a recent example of this type of tragedy. In 2020, a City of Chicago police officer was pursuing a suspect and crashed into a vehicle in Auburn Gresham driven by a citizen named Kevin Spicer. His 10-year-old daughter, Da’Karia Spicer, and younger son, Dhaamir Spicer were passengers in the car. Kevin and Dhaamir suffered injuries but survived. Da’Karia was killed in the accident.

The case went to court where the question was not about who was liable or responsible. Both parties agreed that the police office employed by the City of Chicago caused the crash. The cop shouldn’t have been driving that fast and was negligent. The question was, what was the appropriate amount of damages to award the Spicer family for the loss of their beloved daughter?

Both parties agreed that $1 million was the right amount for past medical costs and future therapy costs. But they did not agree on what the amount should be for loss to society, grief, sorrow, and mental suffering.

The lawyers representing the city asked jurors to set aside their emotions and to focus on what is fair and reasonable under the law. They suggested a settlement of $11.6 million. Spicer’s attorneys recommended more than $117 million for the tragic loss of Da’Karia.

The jury came back with a verdict calling for the city to pay Spicer’s family $79.85 million. While that amount is unusually high, it shows you what these cases can be worth if the police are not following the laws they are supposed to enforce.

It is critical in a case like this to have attorneys who are experienced with this situation representing you. If you or someone you know has been injured in a police pursuit, call us at 312-346-5320. Time is of the essence as there are strict limitations for bringing a case. We help with these claims everywhere in Illinois.

Malpractice Lawsuits When Cancer Re-Occurs

We have helped many people successfully bring lawsuits for a failure to diagnose cancer. It’s probably the most common case we’ve been a part of. If you’d like a free consultation, please call us at 312-346-5320.

Cancer is awful. That’s not some profound statement of course. It has touched everyone I know in some way. Most people know someone who has died from it and/or who have had it and recovered from it.

Getting the all clear from your oncologist has to be an amazing feeling. I’m fortunate that I can’t personally relate to that, but have been elated when multiple friends have gone through this and gotten a clean bill of health. Getting checked every 6-12 months is no big deal.

For some people, cancer sadly returns. In a lot of those cases we get calls from them or their loved ones looking to bring a lawsuit. Depending on the type of cancer you have that can be a challenge unless we can show one specific thing.

Most cancers, such as breast cancer (which commonly comes back) are treated with an algorithm. Based on the tumor size and location a certain regimen of chemo will be prescribed. They can never know for sure that a microscopic amount of cancer still remains, so in some patients the cancer comes back in the same spot. When it does, it’s not usually a malpractice case even if there was a delay in discovering it.

When I say same spot, I mean same primary tumor. For some unlucky people, the cancer reappears in the same body part, but a different primary tumor. In those situations, if there was a more than six month delay in discovering the problem, you may in fact have a lawsuit.

So to win it’s really important to compare the old and new radio-logical findings to see if we are dealing with a new problem or recurrence of the old one.

This seems like more medical advice than legal advice, but it’s done in consultation with specialists who have handled these cases for years. These are hard talks to have with clients because it’s usually people with cancer that has spread and some of them have received bad medical care, but can’t be helped legally.

Every case is different of course, so please do not hesitate to reach out if you’d like a free case review.

The Frivolous Illinois Legal Calls From 2024

We talk to more than 250 people every week about various Illinois legal matters. While we can’t help everyone, most people have sincere, good reasons for calling. They need a work comp attorney or divorce lawyer or legal help with a traffic ticket.

Some people want to know if they have a lawsuit. They might present a situation that isn’t a case, but that doesn’t mean that they have frivolous or ridiculous intentions. They just don’t know what they don’t know and are seeing if they have any legal rights.

We do get some calls that even if the caller sincerely doesn’t know if they have a case or not, most people would recognize right away that the claim is frivolous. Over a year that can add up. Here are some of those situations we’ve heard about in 2024 along with why they are frivolous.

  • A caller wanted to sue over the harm that certain pesticides could cause. He hasn’t been to a doctor, doesn’t know who he wants to sue and has no symptoms. He’s just mad these pesticides exist. (This is frivolous because there is no actual harm suffered. It theoretically could be a case if he went to a doctor and they related a serious illness to a chemical exposure).
  • We received a call from a former star high school athlete who was kicked off the team 40 years ago after he felt they made him confess to breaking school rules that he didn’t break. As a result he lost out on college scholarship opportunities and spiraled. (It’s far too late to bring this case and you can’t sue a school because they disciplined you about something you confessed).
  • A couple wants to sue a school across the street from their house because their new bell system is really loud. (They have no case because it happens during the day and that’s the risk of living by a school).
  • A guy rented an apartment that didn’t have great heat. He bought a space heater that ended up burning him when he fell asleep.
  • A guy wanted to go for custody in order to deter his girlfriend from going for child support and use that as leverage. We declined to get involved as it’s unethical and as he didn’t even want custody it would be frivolous.
  • A woman wanted to sue because she felt “baited” into calling some black women the N-word and is facing repercussions for it.
  • Caller wanted to sue Facebook because she feels the ads that are shown on her feed are disgusting and that she shouldn’t be forced to look at them.
  • We were contacted by someone who was at work 20 years ago and never filed a workers comp case. She stopped treating for a back injury after five years, her company went bankrupt and now 15 years later she has an infection in her spine that she thinks is due to the work injury. It’s about 13 years too late to bring a case.
  • A woman wanted to get child support from her boyfriend who just broke up with her. He is not the biological father and did not sign the birth certificate, but has helped her raise the child for the last three years. He legally owes her or the child nothing.
  • A caller wanted to sue their boyfriend of 10 years because they discovered they’d been cheating the last two. Cheating is immoral, but not illegal.
  • Person contacted our office after they were fired for having an anger problem. They felt the employer should be required by law to try to help them and work with them.
  • Many people who want to bring a frivolous suit are naive. Some unfortunately have mental illness. One woman wanted us to sue the police because they’ve arrested her every day for 45 years.
  • A guy with lung cancer who’s used medical marijuana for almost a decade and smoked before that, wants to sue his medical marijuana doctor for not warning him that cancer was a possible side effect.
  • Gentleman who “Lost my job to China” back in 2015 wanted to sue his old employer to try and get a severance.
  • A woman wanted to sue a store because they sold an item she was interested in to someone else and had asked them to reserve it for her. She didn’t put any money down and no promises were made.
  • A caller wanted to sue the Illinois Lottery because they didn’t like the odds on the scratchers tickets.
  • Guy bought a house “as is”, didn’t have an inspection and now wants to sue because it’s a money pit that he can’t live in.
  • Caller was squatting in a home. Got locked out so he broke in through a window and fell, injuring his leg. Wanted to sue for his injury.
  • Woman was kicked out of a movie theater when security thought she was being disruptive when it was really a woman a row behind her. Wanted to sue for a million dollars.
  • Person made a very racist video as a teenager in which they used the N word many time. They are now an adult with a job and someone sent the video to their employer who terminated them. Wanted to sue whoever sent it (they don’t know who) for defamation because it embarrassed them.
  • Caller wanted to sue Microsoft because he wasn’t able to get the internet to work on his computer.
  • A worker was suspended for being high on the job and wanted to sue because marijuana is legal in Illinois.
  • A caller wanted to sue the police because there was an error in the police report that was fixed within a day of the error happening. They wanted to sue because they believe, without evidence, that it’s all a conspiracy against them. So they have no harm and no evidence.
  • In what may be the craziest of all of these, a job applicant wants to sue the company he applied to work at because they closed their business and didn’t tell him or compensate him for the time he took in looking into that job.
  • Man wants to the Judge in his child custody case because he feels they are biased against him. That isn’t allowed. You can appeal their rulings and if they commit misconduct you can report them to the Judicial Inquiry Board. But you can’t sue because you don’t like their rulings.
  • In probably the saddest one, a lonely man met a woman online and was swindled out of $20,000 that he voluntarily sent to her. He eventually figured out it was a scam and wants to sue his bank because he can’t get the money back.
  • A young man doesn’t have a car and wants to work close to home. He applied to one place and has gone in ten times asking them for an update and they haven’t hired him. Wants to sue because he feels he’s qualified and they should have to hire him since he lives so close.

A key point to take from all of this is that no lawyers are taking these cases. People may want to bring legal action that we’d all consider “frivolous,” but if it never actually happens it’s not really a problem. It’s more a matter of educating people on their rights. That doesn’t mean frivolous lawsuits never happen. But when they do, it’s usually someone representing themselves or an attorney filing a case and later discovering the case isn’t what they thought it was.

People and lawyers (we are people too, right?) are generally good. When you are frustrated by something in life, there’s nothing wrong with asking an attorney’s opinion as to whether or not you have a lawsuit. Lay people shouldn’t be expected to know if they have a case or not. So we don’t ever begrudge someone who reaches out to us. And hopefully we are helping them by explaining why we can’t help them.

Expenses When Hiring An Illinois Lawyer On A Contingency

When you hire an attorney in Illinois, you are responsible for their fee and their expenses. In an hourly fee case like a divorce, those expenses come out of the retainer fee and are billed monthly or whenever they charge you on a case. It works way differently on cases where you hire the attorney on a contingency basis.

Most Illinois contingency fee agreements are for injury cases like car accidents, workers compensation, medical malpractice, etc. Those contracts will say something to the effect of the attorney will receive a percentage of any recovery that is made (1/3 for malpractice, 20% for work comp by State law). It also will state that the client is responsible to reimburse the attorney for expenses. But how does that work?

The type of case determines how big the expenses are. Illinois workers compensation cases typically have very low expenses, often under $200 and rarely into the five figures.

Medical malpractice cases on the other hand can be very expensive. They are almost always in the mid five figures and if they progress to trial it’s not at all unusual for them to cost into the six figures. Paying experts for their opinion and time can be very costly.

Personal injury cases like car accidents typically fall somewhere in between unless they settle without a lawsuit being filed. The court filing fees alone are usually more than a work comp case costs. If the case involves a serious injury it is probably that multiple depositions will be needed, including those of experts potentially.

The way it works is that when a case settles, the contingency fee is taken out and then the attorney gets reimbursed out of what’s left before paying you. So if the case settles for $90,000 and they have a 1/3 fee, that leaves $60,000. If their expenses are $5,000 and nobody else is owed money like a doctor, you’d net $55,000.

What you will find is that the more lucrative the case, the more likely it is that a lawyer will charge you for expenses instead of eating the cost. What do we mean by that?

Well in workers comp cases, most expenses are for issuing subpoenas for medical records or potentially paying doctors and court reporters for testimony time. In a catastrophic injury case or malpractice lawsuit, you’ll probably see attorneys adding expenses for copying records, postage, mileage, etc. I’m not saying it’s right or wrong, but trying to help people understand what really happens. This is why it’s important before starting a case with a lawyer that you ask what will or won’t be charged as an expense. It’s all negotiable. I’d be wary of a a work comp attorney who charges for photo copies, but not a malpractice attorney who does.

A common question we get is, “Do I have to reimburse my lawyer for the expenses if we lose the case?” It’s kind of a trick question. The contract you sign will surely say that you do. The reality is that no attorney we recommend does this. You should certainly ask about this before hiring a lawyer, but this is generally a risk attorneys take when bringing a case and why lawyers can be selective about which claims they pursue. You don’t want to spend $100,000 and not make a recovery.

This can be confusing, but it’s an important topic. If you have ANY QUESTIONS, you can call us FOR FREE and speak with a lawyer at 312-346-5320. It’s always confidential and no commitment.

There Are A Lot Of Crimes In “Animal House”

There’s no movie I’ve seen more in my life than “Animal House.” It’s incredibly quotable, legitimately hilarious and an easy watch with an incredible cast. In college there were numerous times it would just be playing at the place I lived when nothing was going on or in the background while we were playing cards

I’m not here to slander the movie. It was filmed in a different time and you can acknowledge that some things that happened in the movie aren’t really funny anymore.

For example, glorifying sex with a 13 year old would probably not happen today or be laughed at as much if you just saw it for the first time

There are other crimes that happened in the movie that are more borderline as to whether or not you could do it today or not. John Belushi being a peeping Tom at the sorority house is certainly one of them. I tend to think that with the right actor, most people today wouldn’t care.

There are a lot of other crimes in there that aren’t problematic and easily could be part of a movie today. Stealing from the super market is one

The food fight scene would likely result in a disorderly conduct charge and possibly assault and battery

I’d have to think as to what the criminal charges would be for impersonating a deceased person’s fiance, but it’s probably something

Smoking marijuana is thankfully not illegal now, but it was at the time and led to one of the best quotes ever.

And of course the final parade scene has destruction of property, cruelty to animals, theft, assault, battery, reckless driving and many more crimes that play out in a hilarious way.

I still think the movie holds up. I’m probably missing another 20-30 crimes and off the top of my head there’s underage drinking, speeding, trespassing, hazing, more animal cruelty, more battery, more theft and more disorderly conduct. Hopefully people can still enjoy the movie for what it is, even if we know certain parts of the movie are not acceptable by today’s standards.

The Best Way To File An EEOC Complaint

While we provide free legal guidance and lawyer referrals for just about every area of Illinois law, the most common complaint we get is from people who are having trouble at work.

Sometimes these calls involve pay and compensation issues. Other times it involves unfair treatment. Quite often it has to do with either obvious or perceived discrimination.

Dealing with a bad work situation can be extremely emotional. That is a totally logical response. The best thing an attorney can do is look at a situation objectively and take the emotion out of it. That allows you to focus on what is actual illegal behavior by your employer and what is crappy behavior, but not illegal.

This is really important because when you bring a lawsuit or in most cases, file a complaint with the Equal Employment Opportunity Commission (EEOC), it’s really important to keep the legal issues as narrow and focused as possible.

For example, it’s common for someone to call us and tell us that they are experiencing discrimination at work and were fired because of it. They want to bring a wrongful termination lawsuit. Wrongful termination means illegal firing. Not unfair, not wrong, not a misunderstanding. Rather it’s illegal based on a protected reason such as race, age, religion, gender, pregnancy, work injury, etc.

So we will ask what was illegal about it and while the caller may mention feeling it was racial for example, they will also tell us about how someone with less experience got a better shift or the new manager doesn’t like the old employees or they used to let them give friends discounts and now they don’t or other things that are clearly not illegal.

When this happens it causes two problems. First, it creates a lot of noise and crowds the issue. If an EEOC investigator were to read a complaint like this, they’d clearly see things that aren’t illegal, just unfair and likely not find in your favor. Second, it can create defenses to the case that didn’t exist. If the corporate attorney sees that you were giving friends a discount, that might create a justification for firing you.

So when calling a labor law attorney or filing with the EEOC, the best advice we can give you is to keep the issue narrow and focused on the illegal activity. It should be evidence focused and not based on things that can be explained away.

For example, if you think you were discriminated against because of your race, what proof do you have? The best proof is something that was said or written, but it’s rare that an employer is that dumb. So if your boss called you the N word, you have the makings of a great case for that gross behavior.

But most cases the evidence is circumstantial. That doesn’t mean you can’t win, but does mean you shouldn’t bring up things that are irrelevant. For example, don’t say, “My new manager doesn’t like black people. She and I got into it and I told her off. We used to be allowed to take uneaten food during our breaks, but now she won’t allow it. It’s totally unfair. She yells at us all of the time and it’s a hostile work environment. And she’s not promoting any of the black workers.”

Almost everything in that last paragraph is emotion. Instead, you’d keep it narrow like this. Myself and four others are the only African-American workers out of 30 people all in the same job. Since a new manager came in a year ago there have been eight people promoted, all of whom were white. The five of us have more experience than seven of the eight who were promoted. Since she started we are the only ones given a cleaning job that uses toxic chemicals.

Everything in the second example focuses on facts. No emotion. It’s not a slam dunk case, but it gives you a chance because it focuses on issues that are possibly illegal. That’s not to say that the company couldn’t offer a defense, but these issues certainly seem to prove there’s discrimination based on race.

When you file at the EEOC there’s one guarantee. They will give you a right to sue letter. You get this if you have the best case in the world or the worst one. A right to sue letter doesn’t mean much beyond you have 90 days to get a lawsuit filed. Some right to sue letters also include a finding that the law was likely broken. That’s what you are looking for. When you get a finding the law was likely broken, it gives you tremendous leverage and the ability to get an attorney to take the case on a contingency basis where they only get paid if they win.

If you have any questions about this or your employment, please call us any time at 312-346-5320.

12 Tips On Illinois Severance Agreements

We get a lot of calls from people who want to have a severance agreement in Illinois reviewed. I get that. It’s a lot of legal mumbo jumbo and can be confusing if you aren’t familiar with what they say. That said, don’t be surprised if a lawyer wants $1,000 or more to review it and offer advice unless you bring forward a case where your employer is acting illegally (more on that below). If you are only getting 5 weeks of severance pay you probably don’t want to pay that. But you do need to be aware of certain things.

So with that in mind, I thought I’d offer some thoughts that everyone who has been fired and offered a severance should know. Think of these as legal tips.

  1. Your employer will likely not negotiate the dollar amount they are offering you unless you have some leverage. What’s leverage? That would be evidence that you are being let go illegally like getting fired after complaining about sexual harassment or reporting of illegal activity. If that is the case, you want to get an attorney and should call us for free at 312-346-5320 to discuss your situation in confidence.
  2. If you do sign the severance, know that you are giving up your right to sue the company for any reason. So if you think they owe you commissions or vacation pay or you want to sue for wrongful termination, signing will likely end those rights. Don’t sign if you don’t want to do that.
  3. Workers’ compensation isn’t a lawsuit and a severance agreement can’t take away your Illinois work comp rights.
  4. There is no obligation for an employer to give anyone a severance unless it’s been contractually agreed to. They do it for good will and so they can close the door on any possible issues with you. That’s important for them if they are considering a sale.
  5. While they won’t likely negotiate a dollar amount, you can ask for things like making sure they won’t contest your unemployment or that at worst they will give you a neutral reference. You can certainly ask that they agree to give a good one. Companies are much more likely to negotiate on non-financial issues.
  6. When you work for a big company and there are a lot of layoffs, they are less inclined to do much of anything as they don’t want to open the door to having to do it for everyone.
  7. That said, while theoretically they can pull a severance, it doesn’t hurt to ask for something. Usually the worst case scenario is they say no.
  8. It’s not unusual for severance payments to be spread out over a period of weeks or months instead of a lump sum. You can ask for a lump sum, but they don’t have to give it to you.
  9. Beware clauses that say the severance will end if you secure new employment. They can ask for that and you can object to it.
  10. Beware them putting a non-compete or non-solicitation agreement in your severance package. If you want to work in the same field, agreeing that could limit your job prospects.
  11. There is no typical severance agreement dollar amount. What they offer you can be completely different at another company. Some do one week for every year worked. Some pick a random number. There’s often no rhyme or reason.
  12. Beware items that may be unique to you. For example, if you got a signing bonus that said you’d have to pay it back if you didn’t work for two years, if they are letting you go, you need to make sure that you won’t owe them that money.

I hope this helps. As always, if you have any questions you are welcome to call us.

Don’t Pay For Work Expenses On Your Job

A common tactic Illinois employers use to cheat on taxes and screw their workers is to pay someone as a 1099 and call them an independent contractor when they really aren’t one.

Being wrongly classified as an independent contractor instead of an employee can have major financial implications. Many workers find themselves shouldering costs that should be covered by their employers. If you’ve been wrongly classified as an independent contractor, you may be unfairly paying out-of-pocket for expenses like uniforms, support staff, and marketing materials. Understanding your rights and seeking reclassification can help you recover these costs and ensure fair treatment.

Employee vs. Independent Contractor
The primary difference between an employee and an independent contractor is the level of control and the nature of the work relationship. Employers have more control over employees, including setting work hours, providing training, and dictating how tasks should be completed. Independent contractors typically have more autonomy in how they work, are often hired for specific projects, and have the freedom to say no to future projects. The more control an employer has, the more likely it is you are actually an employee.

The Financial Burden of Being Misclassified as an Independent Contractor
When you are misclassified as an independent contractor, you may find yourself unfairly paying for job-related expenses. Here are some common costs that company employees typically do not have to bear:

Uniforms and Equipment: Employees usually receive uniforms and necessary equipment from their employers (e.g., clothing with the company logo, protective boots, necessary tools and technology).

Support Staff: Employers often provide administrative support or additional staff to assist employees (e.g., administrative assistant, support from graphic design professionals, IT specialists).

Marketing Materials: Employees benefit from company-provided marketing and promotional materials (e.g., company or product brochures, promotional materials and giveaways for conventions, publicity activities).

Office Space and Supplies: Employees work in company-provided office spaces with necessary supplies, and are not expected to take on overhead expenses.

What You Can Do About It

If you are called an independent contractor but treated like an employee, and you are paying for any of the above (or other examples not listed), it’s important to take action to protect yourself. An experienced Illinois employment law attorney can help you understand your rights and guide you through the process of challenging your classification and getting reimbursed for the job-related expenses that you’ve paid. In addition to fighting for the reimbursement, an attorney can potentially get the company to pay penalties for the misclassification.

There is no cost to you upfront in hiring a lawyer for this situation. The lawyer works on a contingency basis meaning they are paid a percentage of what they recover for you.

If you have any questions about your misclassification and the expenses you’ve incurred, contact us any time for a free consultation with a lawyer at 312-346-5320.

Illinois VESSA Lawyers

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.

Victim Of A Data Breach? There’s Only One Likely Way To Get Real Compensation

One of the interesting things about the law is that new areas are popping up all of the time. AI has created a whole new category that didn’t exist five years ago. The legalization of marijuana has caused some firms to create practice groups that were unfathomable a decade ago.

Data breaches aren’t necessarily new, but they are really common these days as hackers break their way into systems to steal important information like your credit card, social security number, password and other things they don’t have a right to. These breaches can also be unintentional from lazy record keeping or storage.

When this happens and it’s widely publicized, the courts get flooded with lawsuits. What will eventually happen is that some day you will receive a notice in the mail and discover you are getting $10 or free credit counseling or something else trivial while some lawyers are getting millions.

There’s no realistic way for you to get that much, but there is a way to get more money. That involves being the first or one of the first people to get with a data breach attorney and have your name attached to the lawsuit.

When you are the lead or named plaintiff in a class action lawsuit – there can be more than one – you will get additional compensation for your efforts. There’s no set amount, but it’s not uncommon for the lead plaintiff to get $10,000-$20,000 or more. That may not seem like a ton, but compared to what you’d get by doing nothing, it’s likely a windfall and for not much work.

So how fast do you have to act? When AT&T disclosed it was hacked, those lawsuits were filed right away. For smaller data breaches such as when employee data is stolen or it’s against a smaller company like a hospital, it’s possible that if you wait a week it won’t be too late. But the sooner the better. Otherwise you are just lumped in with the rest of the class and likely won’t get much.

We do get asked if people can just bring their own case. You can, but in almost every case those claims aren’t worth enough on their own to get you compensation that justifies the cost of a lawyer unless you can prove actual significant harm that you’ve suffered as a result. That’s really hard to do which is why a class action, which costs you know money, usually makes the most sense.

We know aggressive attorneys who have had a lot of success with data breach and other privacy violation issues. If it happened to you and many others, please call us any time at 312-346-5320 to speak with a lawyer for free.

When Should You Hire An Illinois Medical Malpractice Lawyer?

Medical care is a critical aspect of our lives, and we trust healthcare professionals to provide the highest standard of care. However, there are times when medical treatment falls short or mistakes are made, leading to serious harm or even death.

When that happens, it’s worth pursuing whether or not you or a loved one has been a victim of medical malpractice. The question we got a lot is when is it the right time to hire a medical malpractice attorney.

The short answer is right away. That doesn’t mean you are actually “hiring” them, but having a consultation to see if there’s a case worth investigating. Even if a case seems like a slam dunk, these cases are always fought. The initial investigation to see if you even have a case usually lasts six or more months.

That said, these are things we as lawyers advise you to think about.

Recognizing Medical Malpractice
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, causing injury or harm to the patient. Common examples include:
• Misdiagnosis or Delayed Diagnosis: Failure to diagnose a condition correctly or in a timely manner can result in harm that could have been prevented with proper treatment.
• Surgical Errors: Mistakes during surgery, such as operating on the wrong body part or leaving surgical instruments inside the body, can have severe consequences.
• Medication Errors: Prescribing the wrong medication or dosage can lead to adverse reactions or ineffective treatment.
• Birth Injuries: Negligence during childbirth can result in injuries to both the mother and the baby, such as cerebral palsy or other permanent disabilities.

These aren’t all of the potential cases, but some of the main causes that could lead to a case.

Things To Know When Hiring a Medical Malpractice Attorney

  1. Significant Injury or Harm
    If you or a loved one has suffered a significant injury due to medical negligence, it is essential to consult with a medical malpractice attorney. Significant injuries often require extensive medical treatment, rehabilitation, and can result in long-term or permanent disability or death. An attorney can help you understand your legal options and pursue compensation for medical expenses, lost wages, and pain and suffering. That doesn’t mean malpractice hasn’t happened if your injury isn’t serious. But as these cases are very expensive and require a lot of work, the honest truth is that lawyers are looking for claims that involve bigger injuries.
  2. Complex Medical Evidence
    Medical malpractice cases involve complex medical evidence and require a deep understanding of medical terminology and standards of care. An experienced attorney has access to medical experts who can review your case, provide expert testimony, and strengthen your claim. Without this expertise, proving negligence can be challenging. A lot of lawyers say they handle these cases, but the biggest verdicts every year seem to mostly be handled by a group of 10 or so top Illinois law firms.
  3. Disputed Liability
    Insurance companies and healthcare providers will dispute liability in medical malpractice cases. They may argue that the injury was a known risk of the procedure or that it resulted from a pre-existing condition. A skilled attorney can counter these arguments, gather evidence, and build a compelling case to establish liability.
  4. Statute of Limitations
    Medical malpractice claims are subject to strict statutes of limitations, which in Illinois can be as little as two years from when the malpractice happened. These laws set the time frame within which you must file a lawsuit. Failing to file within this period will result in losing your right to bring a lawsuit. An attorney will ensure that all deadlines are met and that your case is filed correctly and promptly.
  5. The Role of a Medical Malpractice Attorney
    A medical malpractice attorney does a lot of work including:
    • Case Evaluation: They will evaluate the merits of your case, determining whether you have a viable claim.
    • Expert Consultation: Attorneys work with medical experts to review your medical records and provide critical insights.
    • Legal Strategy: They develop a comprehensive legal strategy tailored to your specific circumstances.
    • Negotiation and Litigation: Whether negotiating a settlement or representing you in court, your attorney will advocate vigorously on your behalf.

    Medical malpractice can have devastating consequences, but you don’t have to navigate the legal complexities alone. If you believe you have been a victim of medical negligence, please call us at 312-346-5320 to speak with an attorney for free and in confidence. We will do whatever we can to help you.

See also: 20 Illinois Medical Malpractice Examples

How An Illinois Defamation Lawsuit Was Worth $28.5 Million

We get calls all of the time for people looking to sue for defamation or slander. Most of those cases go nowhere for a variety of reasons. These include:

  • They waited too long. The time limit for suing in Illinois is one year from when the defamatory statement was spoken or written.
  • Lack of harm. If you can’t prove actual financial damages, your case won’t have enough value. If it’s just your family members or some people on Facebook, the case likely isn’t worth much. It doesn’t make it right, it just means you’d likely have to pay your lawyer up front to bring the suit.
  • A bad defendant. If you were defamed, but it’s by someone who has no money, even if you win, the chances of collecting anything are low. So if you are suing a teenager or poor person, it’s probably a waste of time. Also, you can’t stop a crazy person from being crazy via a lawsuit.
  • Truth or opinion. This is the #1 defense to these lawsuits. You can’t sue someone for telling the truth, even if it’s embarrassing. And you can’t sue someone for expressing a bad opinion about you. In other words, they can say you were terrible at your job. That’s their opinion.

For these reasons and more, it’s very rare to hear about a successful defamation lawsuit in Illinois. The best ones I remember have involved public figures or situations where a newspaper or TV channel has done something egregious.

But recently there was an Illinois defamation trial that was the exception to all of this. A worker at Wells Fargo called the clients of another broker and falsely told them that he had defrauded investors in the past and committed fraud upon his clients. This was a lie.

In doing so, he did this as an agent of Wells Fargo which meant they could be sued too. There doesn’t appear to be any defense to the claims as a jury found for the plaintiff and awarded over $27 million in damages plus attorney fees which will bring the total verdict to around $28.5 million.

This lawsuit was filed in time, harm was proven by lost clients and reputation damage, the defendant is great because it’s a big company and nothing said was remotely factual or an opinion.

This is a legal unicorn. Something like this almost never happens.

By the way, the case took five years to get to trial. That involved a lot of legal work. It’s why attorneys won’t take cases without big damages. These cases take time and if they aren’t going to get a big judgment in the end, it wouldn’t be worth it to spend hundreds of hours on the case. Unless you pay them out of pocket which would cost you thousands, win or lose.

AI And Illinois Legal Help

AI (Artificial Intelligence) and ChatGPT are some of the buzzwords in life that didn’t exist in most conversations as recently as just a couple of years ago. We are ignoring the lessons of the “Terminator” movies and AI is here to stay.

I get hit up from so many companies trying to incorporate AI into my practice. In many ways it feels like the early 2000’s when people were trying to sell websites or online businesses with no real evaluation as to if they are good at their job. People love the shiny new thing and don’t want to miss out.

That’s not to say that AI couldn’t have its uses, but I’d venture to guess that time is down the road. Right now, in my opinion, it seems like taking legal advice from a first year law student.

I recently got my first phone call from someone looking for legal help who had formed an opinion via an AI app and wanted to confirm if it was correct. Unfortunately AI got almost everything wrong. The danger of course is that people are going to rely on these apps and assume that they are getting correct advice.

The law is different in every State and constantly changing. But the bigger issue as far as I’ve seen is that AI relies on you to present all of the relevant facts and can’t be counted on to ask things that an experienced attorney would ask. AI also isn’t likely to recognize other legal issues that you aren’t thinking of that would only be discovered by asking probing questions.

At least once a week for example I talk to someone about wrongful termination or medical malpractice and discover that their best case is actually for workers’ compensation due to a work related injury. Many of those callers will tell me they don’t have a work comp claim, but it’s only when I explain how work comp law actually works in Illinois that they realize they do have that option.

One company has an AI feature that says they will predict the likelihood of success in your case. That seems like the biggest bit of horse crap I’ve ever heard. There are so many factors in every case that a computer can’t know, namely what the other side is going to say. I can tell you why I think I should have custody of my child, but I’m not going to tell you what my ex is going to say because I can’t speak for them. Or I could tell you what happened to me at a hospital, but if you don’t have access to my medical records, there’s no reasonable way to predict if we’ll win the case.

And none of this even considers who the Judge is on a case and how they tend to think. If you think that a computer can indicate what a Judge is going to do, I’ve got some stories of Judges falling asleep in trial or being inebriated or being in a terrible mood for personal reasons that would indicate otherwise.

I think AI at its best right now is a better search engine than existed before, but if it’s used as anything other than a supplemental tool for an attorney, it’s dangerous. Oh and don’t get me started on law firms who use an AI tool for their live chats to help generate leads. That’s just a way to make you less customer service focused and less helpful to the people who need you.

OSHA Complaint Retaliation Lawsuits In Illinois

Despite the reputation of the Government not doing anything (and it’s not a wholly undeserved reputation), there are a lot of great Government agencies. They may not always do what we want or do it as fast as we want, but places like the EEOC, Illinois Department of Human Rights, and others do help a lot of people.

Another great agency at times is OSHA, or the Occupational Safety and Health Administration. They are the people you call when your employer is not following appropriate safety rules or putting your health in danger. You can call them anonymously, and they may come out to your employer and do an investigation.

Filing a complaint to OSHA can be viewed as a form of whistle blowing. You are trying to protect yourself and/or co-workers from injury. And usually you are doing this after you’ve gone to an employer and asked them to remedy the problem.

Most employers are great, but some really are just assholes. I’ve heard some crazy stories over the years about really unsafe working conditions. In one case where people were having trouble breathing due to no ventilation in a facility which would get to over 100 degrees, the “solution” was to tell the workers they could crack open a door. In many cases I’ve seen people have to work without proper safety equipment or on machines that failed inspection tests.

OSHA can come in after an injury, but the goal is to prevent an injury. And while you can remain anonymous, there’s no guarantee that will happen. If your employer finds out and retaliates against you, that can be illegal and a lawsuit in Illinois.

Retaliation can be as simple as making your life miserable by bullying you or giving you unfavorable work assignments. Or quite often it means that you will get terminated. We consulted with one whistle blower who literally was fired a month after being named the top employee once the company discovered they filed an OSHA complaint.

The good news is most people do remain anonymous and don’t get retaliated against if found out. That said, if you have been retaliated against over this we’d love to talk to you to see if we can help. There’s no fee to talk and usually the cases are taken on a contingency basis which means there’s no fee at all unless the case is successful.

If you’d like to speak to a lawyer for free and in confidence, please call us any time at 312-346-5320.

Can’t Find A Cheap Chicago Attorney? Could Be The PITA Factor

When we started our Illinois lawyer referral and legal guidance website in 2001, we promised to be direct, blunt and honest. We feel that is how lawyers should be because clients and potential clients need to know the truth and know that we can help them by being straight with them. Some people love it. I like direct people that get to the point. Not everyone feels that way and some people truthfully don’t like it. That’s OK. We are not for everyone. In fact, we’ve had people choose to not work with us because they didn’t like how to the point we are. That’s also OK.

When talking to a lawyer for the first time, you should be evaluating if that’s someone you feel is the right fit. That includes asking them whatever questions you have about the case, their experience, how they’d approach things etc. You don’t need to become friends with them, but should feel that they are someone you are alright talking with.

A little secret is that lawyers are evaluating you too, especially ones that are experienced and successful. And for many of them, they are using the PITA factor to decide if they want to get involved or not.

What is the PITA factor? It stands for “pain in the ass.” The bigger a PITA you seem to be, the less likely they’ll want to work with you and/or the more likely they will ask you for a lot of money to take the case on.

Take for example a recent caller to my office. He had an agreement with his ex-wife that she’d sign the house over to him in what is a quit claim deed. He’s been paying the mortgage at around $1,100 a month for over a year, but she won’t sign the house over and won’t leave. He wanted to know if he had a case.

I let him know it was a straight forward situation. What the contract says and what their divorce decree says will determine the outcome. The solution, since he’s stopped returning his calls and texts, is to sue her. That forces her to respond and if she doesn’t he gets what he’s looking for. I let him know that the attorneys who handle that type of case would charge him $1,500 up front.

He wanted guarantees he’d win and got a bit aggressive about it. I let him know that nobody honest could give a guarantee because we don’t have all the facts and don’t know her side of the story. She might say there is no contract and he forged her name. She might say that they signed a second document after the one he’s talking about. The divorce decree may have given her the house or ordered them to sell it. Or he could be 100% in the right.

The only way to know for sure is to sue and see how she responds. I get why he wouldn’t want to risk $1500 on attorney fees, but alternatively he’s spending almost that much every month for a house he doesn’t even own or live in.

He kept on being hostile so I ended the call as he was not someone I’d want to work with. Truth be told, lawyers would have more tolerance for someone like this if they were hit by a bus and had a case that could be worth $10 million. But most good attorneys aren’t going to get involved in an hourly fee case with someone who is rude and won’t listen to their advice.

So fair or not, I highly recommend to people that they put on the best impression possible when you first talk to them. You wouldn’t hire a jerk, so don’t act like a jerk. Lawyers are there to help you and while we might not tell you what you want to hear, we will tell you the truth.

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