Your Rights Under VESSA: A Comprehensive Guide
As an employee in Illinois, you have the right to work in an environment that is free from discrimination, especially if you are a victim of domestic or sexual violence. To this end, the Victims’ Economic Security and Safety Act (VESSA) was enacted in 2003 to provide support and protection to victims of domestic or sexual violence in the workplace. At Randolph & Holloway, LLC, we understand how important it is to stand up against employment discrimination and provide legal representation to those who have suffered from such experiences in Chicago.
Background
VESSA
VESSA requires Illinois employers to provide up to 12 weeks of unpaid leave to employees who are victims of domestic or sexual violence. This leave is to help you deal with the effects of domestic or sexual violence, including medical treatment, counseling, legal proceedings, and safety planning, without fear of retaliation or discrimination. Furthermore, VESSA prohibits employers from discriminating against victims of domestic or sexual violence in the workplace, and it mandates that employers keep all information about an employee’s status as a victim of domestic or sexual violence confidential.
Your Rights Under VESSA
As an employee in Illinois, you have several rights under VESSA. Firstly, you have the right to take up to 12 weeks of unpaid leave to deal with the effects of domestic or sexual violence, as we mentioned earlier. However, it is important to note that this leave is not restricted to just the employee who is the victim of domestic or sexual violence, but also for those who have a family member who is a victim of domestic or sexual violence. This means that you can take leave to care for your child, parent, spouse, or another family member who is a victim of domestic or sexual violence.
Secondly, you have the right to request reasonable accommodations from your employer to help you deal with the effects of domestic or sexual violence. Reasonable accommodations may include changes to your work schedule, job duties, or workplace location. For instance, you may need to work from home temporarily to avoid the abuser or attend court proceedings related to the abuse.
Finally, you have the right to keep your status as a victim of domestic or sexual violence confidential. Your employer must keep all information about your status as a victim of domestic or sexual violence confidential, and they cannot disclose this information without your consent.
Remedies Under VESSA
If you believe that your employer has violated your rights under VESSA, you may be entitled to several remedies. These remedies are designed to compensate you for the damages you have suffered and to ensure that your rights are protected.
Back Pay
If your employer has terminated your employment or has refused to allow you to take leave under VESSA, you may be entitled to back pay. Back pay is the amount of money you would have earned if you had not been terminated or had been allowed to take leave under VESSA. An attorney can help you calculate the amount of back pay you are owed and can ensure that you receive the full amount you are entitled to.
Reinstatement
In addition to back pay, you may also be entitled to reinstatement if your employer has terminated your employment in violation of VESSA. Reinstatement means that your employer must offer you your job back, with all the same benefits and privileges you had before you were terminated. If your job is no longer available, your employer must offer you a comparable position.
Compensation for Lost Benefits
If you have lost benefits as a result of your employer’s violation of VESSA, you may be entitled to compensation. This can include lost health insurance benefits, retirement benefits, or any other benefits you would have received if you had not been terminated or had been allowed to take leave under VESSA.
Damages for Emotional Distress
If you have suffered emotional distress as a result of your employer’s violation of VESSA, you may be entitled to damages. Emotional distress damages are intended to compensate you for the pain, suffering, and emotional trauma you have experienced as a result of the discrimination. An attorney can help you understand the types of damages you may be entitled to and can ensure that you receive the full amount you are entitled to.
Punitive Damages
In cases where an employer’s conduct is particularly egregious or intentional, you may be entitled to punitive damages. Punitive damages are designed to punish the employer for their conduct and to deter them from engaging in similar conduct in the future.
Attorney’s Fees
If you win your VESSA complaint, you may also be entitled to attorney’s fees. This means that your employer will be responsible for paying your attorney’s fees and expenses related to your case. An attorney can help you understand the costs associated with filing a VESSA complaint and can ensure that you are not responsible for these costs if you do not win your case.
Complaint Filing Process
If you believe that your employer has violated your rights under VESSA, you can file a complaint with the Illinois Department of Labor. You can download the complaint form here. It is important to note that there is no fee to file a VESSA complaint.
Once you have filled out the complaint form, you can either email it to VESSA.IDOL@illinois.gov or mail it to:
Illinois Department of Labor Fair Labor Standards Division 160 North LaSalle Street, Suite C-1300 Chicago, IL 60601
There are strict time limits for filing a VESSA complaint. You must file the complaint within one year from the date of the violation, or within one year from the date you discovered the violation. Failure to file within this time limit can result in your case being dismissed, so it is important to act quickly if you believe your rights have been violated.
If you need legal representation for your VESSA complaint, our team of experienced employment discrimination lawyers at Randolph & Holloway, LLC can provide you with a free consultation. Contact us here to schedule your free consultation today. Our experienced lawyers can help you navigate the complaint filing process and can guide you through the legal proceedings to ensure that your rights are protected.
VESSA is an essential law that provides protection and support to victims of domestic or sexual violence in the workplace. If you are an employee in Illinois and believe that your rights have been violated under VESSA, it is important to take action immediately. At Randolph & Holloway, LLC, we are dedicated to providing legal representation to those who have suffered from employment discrimination in Chicago. Contact us here for a free consultation, and let us help you understand your rights and fight for the justice you deserve.
The Benefits of Hiring an Attorney to Assist with Your VESSA Complaint
If you believe that your employer has violated your rights under VESSA, you may be entitled to several remedies, including back pay, reinstatement, compensation for lost benefits, and damages for emotional distress. Additionally, if you have suffered retaliation or discrimination because of your status as a victim of domestic or sexual violence, you may be entitled to additional damages. However, filing a VESSA complaint can be a complex and time-consuming process, and it is essential to have an experienced attorney on your side to ensure that your rights are protected.
Expertise and Knowledge
One of the most significant benefits of hiring an attorney to assist with your VESSA complaint is their expertise and knowledge. An experienced employment discrimination lawyer can guide you through the legal proceedings and can provide you with valuable insights into the legal system. They can also help you understand your rights under VESSA and can ensure that you are receiving the full protection that the law provides.
Navigating the Legal System
Navigating the legal system can be overwhelming, especially when you are already dealing with the effects of domestic or sexual violence. An attorney can help you navigate the complaint filing process and can ensure that all the necessary forms and documentation are completed accurately and on time. They can also represent you in court or during any mediation proceedings, allowing you to focus on your recovery and healing.
Maximizing Compensation
Another benefit of hiring an attorney is that they can help you maximize your compensation. An attorney can help you identify all the damages you may be entitled to, including lost wages, medical bills, emotional distress, and pain and suffering. They can also negotiate with your employer or their attorneys to ensure that you receive a fair settlement that reflects the full extent of your damages.
Reducing Stress and Anxiety
Dealing with employment discrimination can be incredibly stressful and can cause significant anxiety. An attorney can help reduce your stress and anxiety by handling all the legal proceedings and representing you in court or during mediation. They can also provide you with emotional support and can help you find the resources you need to heal and recover.
Hiring an attorney to assist with your VESSA complaint can provide you with many benefits. An experienced employment discrimination lawyer can guide you through the legal proceedings, ensure that your rights are protected, and help you receive the compensation you deserve. At Randolph & Holloway, LLC, our team of experienced attorneys is dedicated to providing legal representation to those who have suffered from employment discrimination in Chicago. Contact us here to schedule your free consultation today, and let us help you fight for the justice you deserve.