Legal Question in Employment Law in Illinois

I was laid off from a position at a healthcare facility about two months ago. That day they told me "your position has been eliminated due to financial cut backs". I asked for exit papers of some kind but was denied. A week prior I had discovered they were in collections with a supply company and were unable to order sanitizing equipment but were still conducting procedures. Since I've been laid off, they have hired someone else to fill my position. I was told by a friend that legally they must wait a year to fill the same position or offer it back to me if it's available. I was curious if this was true or if there is anything I can do about the company conducting procedures that violate sterile technique and essentially endanger the health of their patients.

Asked on 9/13/09, 11:49 pm

1 Answer from Attorneys

Sal Sheikh

You may have a case if you think you were laid off for discovering the company was not conductiong proper sterile techniques. This was some form of retailitory discharge.

If, however you were cutback for other reasons you most likely have a weaker claim.

I advise you to speak with an attorney.

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Answered on 9/22/09, 12:01 pm

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