Cynthia Pietrucha

Cynthia Pietrucha

Top Employment Attorney for Separation Contract Negotiations, FMLA, Unemployment
  • Employment Law, Business Law
  • Illinois
Badges
Claimed Lawyer ProfileQ&ASocial MediaResponsive Law
Biography

Expert Advocacy in Employment Law: Attorney Cynthia Pietrucha
==========================================================
I champion the rights of employees and guide employers through the legal intricacies of the workplace. With a decade of dedicated legal service, I am a seasoned employment attorney with expertise in drafting and negotiating separation agreements, litigating medical leave and ADA employment cases, and negotiating remote work terms, even prior to COVID-19!

**Your Advocate for Fair Severance and Medical Leave Rights**

Navigating the end of an employment relationship or grappling with medical leave can be daunting. As an expert in separation negotiations, I ensure that my clients—whether employees or employers—receive the most favorable terms possible. My approach is tailored to protect your interests, secure your future, and maintain your professional dignity.

**Unique Knowledge in Medical Leave and ADA Compliance**

When it comes to medical leave and ADA employment cases, my firm stands out for its deep understanding and successful handling of these sensitive issues. I am committed to upholding the rights of employees to fair medical leave under the FMLA and ensuring that workplaces are compliant with the ADA, providing reasonable accommodations without discrimination. We have a 100% success rate in resolving FMLA/ADA cases (results depend on case facts and there is no guarantee of outcome).

**Pioneering Remote Work Negotiations: Ahead of the Curve**

Long before the global shift to remote work spurred by COVID-19, Pietrucha Law Firm, LLC was at the forefront of negotiating remote work arrangements. We recognized early on the growing need for flexibility in the workplace and have been successfully advocating for remote work terms that benefit both employees and employers. Our proactive approach has enabled countless clients to achieve the work-life balance they desire while maintaining productivity and meeting business needs.

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
Professional Experience
Managing Attorney
Pietrucha Law Firm, LLC
- Current
Liquor Commission
Village of Downers Grove
-
Purchasing Administrator
Village of Orland Park
-
Senior Contract Administration Specialist
API Healthcare
-
Site Licensing Contracts Specialist
American Medical Association
-
Legal Assistant
Law Offices of Joel Weisman, P.C.
-
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
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
Placeholder image for professional associations.
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
Placeholder image for professional associations.
DuPage Association of Women Lawyers
Board of Directors 2016-2017
-
Placeholder image for professional associations.
Jurisdictions Admitted to Practice
Illinois
Placeholder image for jurisdictions.
7th Circuit
Placeholder image for jurisdictions.
Fees
  • Credit Cards Accepted
    We accept all major credits and PayPal.
  • Contingent Fees
    Our firm charges flat fees and contingency fees 35% to 40%.
Practice Areas
    Employment Law
    Employee Benefits, Employment Contracts, Employment Discrimination, ERISA, Sexual Harassment, Wrongful Termination
    Business Law
    Business Contracts, Business Litigation
Additional Practice Areas
  • Separation Agreements and General Releases
  • Pregnancy Discrimination
  • Breach of Contract/Fraud
  • Unemployment Insurance Benefits Appeals
Languages
  • English: Spoken, Written
Legal Answers
Q. I was hired fully remote that is on my signed agreement. The company now built a new building and wants me to come in.
A: Your situation may indeed involve a potential breach of contract, depending on the specific terms outlined in your signed employment agreement. If your contract explicitly states that your position is fully remote, the company's request for you to work in-person at a new building could be a violation of that agreement.

To determine your legal standing, a thorough review of the employment contract and any related documents is necessary, especially because sometimes companies will put in the offer letter that you must work onsite - let you work remotely - and then conveniently play the "gotcha" game when they want you to come onsite.

The review of your documents would assess the language regarding your remote work arrangement and any clauses that might allow the company to alter these terms.

In response to your situation, you should consider taking the following steps:

1. **Review Your Contract**: Carefully read your employment agreement, focusing on any provisions related to your work location and the company's ability to change these terms.

2. **Document Communication**: Keep a record of all communications from the company regarding the change to in-person work, including emails, letters, or verbal directives.

3. **Seek Legal Advice**: Consult with an employment attorney who can provide guidance based on the specifics of your contract and the circumstances of the company's request.

4. **Negotiate**: If possible, try to negotiate with your employer to find a mutually agreeable solution that honors the terms of your contract.

Pietrucha Law Firm, LLC focuses on employment law and can assist you in reviewing your contract, advising on your legal options, and representing you in negotiations or legal proceedings if necessary. Please feel free to reach out to us to discuss your case in more detail.
... Read More
Q. I’m having a baby in May & I'm wondering if I can collect unemployment while on maternity leave/medical leave.
A: In Illinois, as in many states, unemployment benefits are typically available to individuals who are out of work through no fault of their own and who are ready, willing, and able to work. To collect unemployment benefits, claimants must also be actively seeking employment.

Maternity leave, however, is generally considered a time when an individual is not able to work due to the medical and caregiving needs associated with childbirth. Therefore, during the period of actual medical incapacitation due to childbirth, an employee would not be eligible for unemployment benefits because they are not able to work.

However, there are some scenarios where an employee on maternity leave might be eligible for unemployment benefits:

If the maternity leave is unpaid and the employer does not guarantee a return to work: If an employee is on an unpaid maternity leave and the employer has not provided a guarantee of return to a job, the employee may be considered effectively unemployed.

If the employee is ready and able to work but cannot return to their job: After the period of medical incapacitation, if the employee is ready and able to work but their position has been eliminated or they have been replaced, they may be eligible for unemployment benefits, provided they are actively seeking work.

If the employee is willing to work but there are no suitable childcare options: This scenario is less clear-cut, as the ability to work is contingent on external factors. Unemployment agencies will look at the individual circumstances to determine eligibility.

It's important to note that eligibility for unemployment benefits is determined on a case-by-case basis, and specific circumstances can affect whether an individual qualifies. Additionally, other forms of leave or benefits, such as those provided under the Family and Medical Leave Act (FMLA) or short-term disability insurance, may be more appropriate for someone on maternity leave.

For the most accurate and personalized advice, an individual should contact a legal professional who can provide guidance based on their specific situation.
... Read More
Q. I work in Cook county as a secondary teacher for a private school and want to break my contract.
A: I'm sorry to hear about your situation. If you have a diagnosis from a doctor indicating a disability that contributes to your headaches, it's advisable to explore reasonable accommodation options with your employer. Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to qualified individuals with disabilities. This could involve discussions with your employer about potential changes to your work environment or duties that might alleviate your health issues.

Additionally, if you are considering exiting your current position, negotiating a separation agreement might be a viable option. Given your health concerns and the potential impact on your ability to fulfill your contract's notice period, consulting with an attorney could be beneficial. An attorney can guide you through the negotiation process, ensuring your rights and interests are protected. ... Read More
View More Answers
Social Media
Websites & Blogs
Website
Firm Website
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 (Today)
Wednesday: 8:30 AM - 4 PM
Thursday: 8:30 AM - 4 PM
Friday: 8:30 AM - 2 PM
Saturday: Closed
Sunday: Closed