Cynthia Pietrucha

Cynthia Pietrucha

Employment Lawyer: Resolving Workplace Transitions, Separations with Expertise
  • Employment Law, Business Law
  • Illinois
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Biography

Workplace Rights and Violations: Pietrucha Law Firm, LLC – Your Trusted Employment Law Firm

With nearly 10 years of experience, I'm a licensed employment lawyer with a proven track record of success in helping American employees and employers navigate complex workplace issues. I'm best known for negotiating severance agreements at employment termination and handling federal employment law violations.

Whether you’re an employee seeking fair treatment, or an employer looking to protect your business, my firm has the experience and expertise to help.

Main Areas of Focus:
1. Severance Agreement and General Release Counseling
2. Severance Agreement and General Release Negotiation
3. Medical Leave/FMLA Violations
4. Disability Harassment/Discrimination
5. EEOC Mediations
6. Retaliation
7. Unemployment Benefits Appeals

Practice Areas
    Employment Law
    Employment Contracts, Employment Discrimination, Overtime & Unpaid Wages, Sexual Harassment, Wrongful Termination
    Business Law
    Business Contracts, Business Litigation
Additional Practice Areas
  • Severance Agreements and General Releases
  • Pregnancy Discrimination
  • Breach of Contract
Fees
  • Credit Cards Accepted
    We accept all major credits and PayPal.
  • Contingent Fees
    Our firm charges flat fees and contingency fees 35% to 40%.
Jurisdictions Admitted to Practice
Illinois
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7th Circuit
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Languages
  • English: Spoken, Written
Professional Experience
Managing Attorney
Pietrucha Law Firm, LLC
- Current
Liquor Commission
Village of Downers Grove
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Purchasing Administrator
Village of Orland Park
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Senior Contract Administration Specialist
API Healthcare
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Site Licensing Contracts Specialist
American Medical Association
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Legal Assistant
Law Offices of Joel Weisman, P.C.
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Education
Northern Illinois University
J.D. (2009) | Law
Northern Illinois University Logo
University of Illinois - Urbana-Champaign
B.A. (2006) | Pre-Law, Journalism and Spanish
Honors: President's Leadership Award
Activities: Spanish Tutor
University of Illinois - Urbana-Champaign Logo
Awards
Top Attorney Award
Avvo
Selected as Top 40 under 40 Illinois Employment Lawyers
The National Black Lawyers
Avvo’s Client’s Choice Award
Avvo
Professional Associations
Women's Bar Association of Illinois
Member
- Current
Activities: Mentor/Mentee
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Illinois State Bar Association (ISBA)
Labor and Employment Law Section Council Member 2023-2024, Standing Committee on Delivery of Legal Services 2020-2021, Law Student Committee 2007-2009
- Current
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DuPage Association of Women Lawyers
Board of Directors 2016-2017
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Publications
Articles & Publications
Employment Termination: Employer Obligations and Workplace Considerations
Illinois Institute for Continuing Legal Education
Speaking Engagements
Layoffs, Rescinded Job Offers, and Beyond – The Latest Trends and Best Practices, National Business Institute, Webinar
HR Due Diligence: Tips From a Labor and Employment Attorney, National Business Institute, Champaign, Illinois
Drugs and Alcohol in the Workplace: Marijuana and Other Considerations, National Business Institute, Naperville, Illinois
Starting Your Solo Law Practice as a Female Attorney, ISBA Standing Committee on Women & the Law, Chicago, IL
Illinois State Bar Association (ISBA)
Judge, Sports Law Sponsorship Agreements, National Sports Law Negotiation Competition, San Diego, CA
Avoiding Conflicts of Interest and Other Illinois Ethics Violations, Illinois Association of Public Procurement Officials Fall 2015 Conference, Lombard, IL
Illinois Associaton of Public Procurement Officials
Websites & Blogs
Website
Firm Website
Legal Answers
51 Questions Answered
Q. I received a "severance" offer after being terminated can I accept this severence and still collect unemployment?
A: Severance Pay and Illinois Unemployment Benefits

In most states, an employee can collect unemployment benefits only if it’s the employer’s fault you lost your job. For example, if your company can’t afford to pay you anymore or doesn’t like how you perform your job, the unemployment office will likely determine you are eligible to collect benefits as long as you are able and available to start a new job. Sometimes employers will try to limit your collection of unemployment benefits in a severance agreement by writing a clause that states “You agree not to collect unemployment benefits while you are receiving severance pay”. Terms that limit your ability to collect unemployment benefits, even if you don’t think you need the benefits, should be challenged. This is because it’s allowable to collect severance pay and unemployment benefits at the same time.

*In Illinois, you can collect severance pay and unemployment benefits simultaneously. According to Section 2920.45, amounts paid or payable to the individual as severance pay shall not render the individual ineligible to receive benefits under Section 2920.5. The nature and purpose of such payments, rather than their characterization, shall determine whether or not such payments are considered severance pay under this Section.

See Ill. Admin. Code tit. 56 § 2920.45

Weblink: https://casetext.com/regulation/illinois-administrative-code/title-56-labor-and-employment/part-2920-disqualifying-income-and-reduced-benefits/subpart-a-general-provisions/section-292045-severance-pay
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Q. In IL, former employee was paid bonus but should not have been. Identified a month ago. Employee quit but owes money;
A: Refer to IDOL's Deductions From Pay FAQ

https://labor.illinois.gov/faqs/deductions-from-pay-faq.html

FAQ #6 states:

6. Can an employer make deductions from my pay for overpayments made to me?

When an employee agrees an overpayment has been made the entire sum may be deducted on the employee's first regular payday subsequent to the payday on which the overpayment occurred. If an overpayment is not discovered and one or more paydays have passed, the employer and employee shall agree on a repayment schedule. If the employer and employee cannot agree, the employer cannot make deductions without complying with Section 9 of the Act. See Subpart D.

FAQ #4 states:

4. What deductions can an employer legally make from my pay?

An employer may make certain deductions from your pay, but the law mandates that each employee shall be furnished with an itemized statement of deductions for each pay period. Deductions may be made when required by law (such as taxes), to the benefit of the employee (such as health insurance premiums, union dues etc.​),

a valid wage assignment or wage deduction order in effect, made with the express written consent of the employee, given freely at the time the deduction is made.

The law allows other deductions for employees of the City of Chicago, METRA, CTA, CHA, Chicago Park District, Chicago Board of Education and Chicago City Colleges.

In addition, an employer cannot withhold earned vacation or wages or any final compensation because you have failed to give notice of the termination of your employment, because your termination of employment was not voluntary or you have failed to return equipment, uniforms, telephones, pagers or other employer owned equipment you used during the course of your employment. Where an employee accepts a disputed paycheck with a deduction, acceptance will not be considered evidence that the employee has accepted the deduction.
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Q. Started work on 5/1 for the state of WV. Had a seizure AT work 5/5 morning. Got fired 6/14. Fired for reasons from seizu
A: You may have a disability discrimination case. Check with a lawyer in your state to understand your rights under WV law. You can also contact lawyers out of state to understand your rights under federal law. Best of luck!
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Contact & Map
Pietrucha Law Firm, LLC
1717 N. Naper Blvd
Suite 200
Naperville, IL 60563
Telephone: (630) 344-6370
Monday: 8:30 AM - 4 PM
Tuesday: 8:30 AM - 4 PM
Wednesday: 8:30 AM - 4 PM
Thursday: 8:30 AM - 4 PM
Friday: 8:30 AM - 2 PM (Today)
Saturday: Closed
Sunday: Closed