Illinois Law Now
Is There A Law Requiring Persons Who Suspect Child Abuse To Report It To Authorities?
Posted on 03. May, 2011 by citizen in Illinois Law Now
By law, medical practitioners, teachers, social workers, registered nurses and law enforcement officers must report cases of suspected child abuse within 24 hours of the occurrence to the Illinois Department of Children and Family Services.
Can a creditor contact the employer of a person who is late in paying without first notifying the debtor?
No. Under the Consumer Fraud and Deceptive Practices Act, a creditor can only contact the person’s employer after giving five days written notice to the debtor about the intention to communicate with the employer. Also, such contact can occur only if the amount is at least 30 days past due
My husband is doing drugs, and I can’t get him to quit. Can I use it as grounds to get a divorce?
Yes, if he has been addicted to narcotic drugs for two years or more. If that’s not the case, you may be able to use other grounds such as adultery, physical cruelty, mental cruelty and conviction of a felony.
Proving grounds is not always necessary to get a divorce. In Illinois, a couple can file for divorce based on “irreconcilable differences,” commonly referred to as “no fault divorce,” and prove that differences have caused the irretrievable breakdown of the marriage. The couple must live separate and apart for at least two years for the divorce to be granted, but even the two-year waiting period can be waived and changed to six months if the couple signs a special waiver.
If you have a legal question for a future column, send it to illinoislawcolumn@isba.org.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations and does not constitute legal advice. For help with a particular legal question, please consult your lawyer.
Does my employer have the right to fire me if I refuse to work overtime?
Posted on 26. Apr, 2011 by citizen in Illinois Law Now
Yes, but employers must give 24 hours of consecutive rest during every calendar week. The requirement for One Day Rest in Seven Act provides for employees a minimum of twenty four hours of rest in each calendar week and a meal period of 20 minutes for every 7-1/2 hour shift beginning no later than 5 hours after the start of the shift.
The law allows employers to secure permits from the Illinois Department of Labor to work employees the 7th day, provided that the employees have voluntarily elected to work. The law does not apply, however, to those who are salaried or who work for someone under 20 hours per week.
Is it legal for a lawyer to have two of his office staff sign as witness to a will?
Yes, it is legal. A witness does not need to be a relative or friend.
If a passenger in a car is drinking alcohol but the driver is not, can the driver be held liable for charges if stopped by a police officer?
Yes. Under Illinois law, it is illegal to transport liquor in a passenger vehicle unless it is in its original packaging and the seal is unbroken.
If you have a legal question for a future column, send it to illinoislawcolumn@isba.org.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations and does not constitute legal advice. For help with a particular legal question, please consult your lawyer.
I received a check which had been lost in the mail. The bank wouldn’t cash it because it was more than six months old. How can I get my money?
Posted on 18. Apr, 2011 by citizen in Illinois Law Now
Under Illinois law, a bank is not obligated to pay a personal check more than six months after it was issued unless it is a certified check or cashier’s check. Most individuals will reissue the check if you explain the circumstances and return the old one.
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A rumor is going around our apartment building that the landlord plans to sell the building to someone who plans to tear it down for a parking lot. Doesn’t the landlord have to inform the tenants first?
Only if your lease states you must be notified. The new owner would have to live up to the terms of your lease with the original landlord before tearing the building down. If the owner fails to respect your rights as a tenant, you could take the case to court.
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I’d like to trade in our car for a new car. The problem is that it’s jointly-owned by my wife, and she wants to keep the car. What happens if I trade the car without her approval?
Besides being in hot water on the home front, you could end up in hot water legally. According to Illinois law, when property is held jointly, all parties must consent to the sale.
Can my same-sex partner make medical or financial decisions for me if I cannot do so?
Posted on 12. Apr, 2011 by citizen in Illinois Law Now
The Illinois Power of Attorney Act allows you to name an agent to act on your behalf if you cannot make medical or financial decisions for yourself. By executing a Health Care Power of Attorney, your partner will have the right to carry out your health care wishes if you become incapacitated. A Power of Attorney for Property will allow your partner to handle your financial matters if you are unable to do so. You should see an attorney to discuss your specific situation and the options available to you.
Will my homeowners insurance cover the severe damage to an apartment I rented out? The tenant, who left to enter a nursing home, had junk stacked almost to the ceiling, and a dripping pipe created a serious mold problem. Her security deposit will not cover the damage.
As a landlord, you should have used your legal right to inspect the property periodically. While most insurance policies cover damage that is a result of a sudden, unexpected event, such as storm damage, you may not be covered because you failed to handle routine repairs. Check the fine print on your policy to see if it covers vandalism. You or your lawyer could argue that your tenant’s hoarding was willful or ignorant destruction of property and therefore should be covered. If you try this approach, and it fails, consider contacting the state’s department of insurance about the company’s denial.
I’m thinking about buying a used car for my son. If I purchase it “as is,” is the car dealer required to stand by any oral representations he made?
Used cars may be sold “as is” or with a limited warranty. If you purchase a car “as is,” in most cases the dealer is not obligated to stand by any oral representations he may have made prior to the purchase. If the dealer has made certain statements about the car, or has promised to complete specific repairs, get these promises in writing. If the vehicle comes with a limited warranty, make sure the dealer puts in writing what the warranty covers and how long it lasts.
If you have a legal question for a future column, send it to illinoislawcolumn@isba.org.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations and does not constitute legal advice. For help with a particular legal question, please consult your lawyer.
Is there an age limit where a person is NOT required to serve jury duty? Example: A person age 77 – is he/she required to serve, or can they be excused because of age?
Posted on 02. Apr, 2011 by admin in Illinois Law Now
It depends on the jurisdiction, but generally, a person can be excused for reasons that include age or a medical condition. In Cook County, potential jurors age 70 and older can opt out by calling a number on the summons prior to the service date. Opting out does not permanently remove the person’s name from the juror list, and they can be summoned in the future. The rules are different in DuPage County, where there is no upper age limit. Older citizens, or those with a medical condition who wish to opt out, must put their request in writing, with each request considered individually.
If you receive a jury summons and have a question related to your ability to serve, call the number on the summons form.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations and does not constitute legal advice. For help with a particular legal question, please consult your lawyer.
If I criticize my boss on Facebook or Twitter, can I be fired?
Posted on 02. Apr, 2011 by admin in Illinois Law Now
A recent settlement in a federal lawsuit provides some cover for employees who would rather complain online than confront the boss or leave the job. Under the National Labor Relations Act, the National Labor Relations Board ruled that employees can indeed comment on the conditions of their employment without fear of retaliation. Common sense, however, dictates that employees use restraint when criticizing the boss on the social media sites, especially since the posts can remain online indefinitely. Such comments could hamper future employment and could also lead to a defamation lawsuit.
If you have a legal question for a future column, send it to illinoislawcolumn@isba.org.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations and does not constitute legal advice. For help with a particular legal question, please consult your lawyer.
What should I know about business licensure for my small service business?
Posted on 25. Mar, 2011 by admin in Illinois Law Now
A license must be obtained from the state for certain businesses, such as retail and service establishments, beauty shops, private employment agencies, and small loan companies, to name only a few. To determine whether you need a state or local license for your service business, consult with an attorney. If your business is home-based, additional restrictions may apply. Failure to purchase the requisite business licenses may subject you to an appearance in court and a fine.
If you have a legal question for a future column, send it to illinoislawcolumn@isba.org.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations and does not constitute legal advice. For help with a particular legal question, please consult your lawyer.
I am the recent victim of identity theft. The thieves withdrew money from my bank account, then used my identity to open an account at a major retailer and made purchases. I reported the theft to the respective businesses involved, and to the police and credit bureaus. What steps can I take to keep this from happening again?
Posted on 25. Mar, 2011 by admin in Illinois Law Now
To help prevent identify theft, make sure you shred everything with personal information, even a store catalog mailing label. Register for a credit monitoring service – one that monitors all three credit bureaus around the clock and which will notify you in real time if there’s suspicious activity (the service shouldn’t cost more than $10 per month). Have a variety of passwords for different transactions, and change all of them at least once a year. Finally, pay by credit card rather than debit card whenever possible. Under federal law, you essentially have no legal protection if someone makes charges on your debit card.
If you have a legal question for a future column, send it to illinoislawcolumn@isba.org.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations and does not constitute legal advice. For help with a particular legal question, please consult your lawyer.
If I have a problem with a transaction on my debit card, what recourse do I have?
Posted on 25. Mar, 2011 by admin in Illinois Law Now
The Fair Credit Billing Act covers the use of credit cards but not debit cards. Instead, disputes about debit card charges fall under the Electronic Fund Transfer Act, which provides protections for unauthorized use, incorrect amounts and omitted transfers.
To understand your rights, you should read the fine print on your cardholder agreement. With a debit card, you will have paid the full amount for the purchase, and the law does not let you seek the return of those funds. The safest bet is to use a credit card, where you can stop the transaction pending the eventual outcome.
If you have a legal question for a future column, send it to illinoislawcolumn@isba.org.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations and does not constitute legal advice. For help with a particular legal question, please consult your lawyer.
