Becoming. Adult. Your Legal Rights and Responsibilities

Transcription

1 Becoming an Adult Your Legal Rights and Responsibilities

2 ACKNOWLEDGEMENTS Sincere thanks to Matt Jenkins, YLS Special Project Coordinator, who updated and contributed to this 3rd Edition of Becoming an Adult: Your Legal Rights and Responsibilities. This booklet provides answers to common questions asked by individuals turning 18. This booklet is not intended to provide legal advice, but to help young adults understand their legal rights and responsibilities. The Young Lawyers Section of the Chicago Bar Association hopes that you find this booklet to be helpful, and welcomes your feedback. THIRD EDITION, MAY , 2012 by The Chicago Bar Association. All rights reserved.

3 Table of Contents INTRODUCTION... 3 GENERAL LEGAL PRINCIPLES...3 THE RIGHT TO VOTE...4 JURY DUTY...6 ALCOHOL...8 DRIVING...8 CONTRACTS APARTMENTS...12 EMPLOYMENT...14 INCOME TAX...16 CREDIT...17 CRIMINAL LAW...19 CONSUMER protection...21 FAMILY LAW AND DOMESTIC RELATIONS...23 HEALTH CARE RELATED LEGAL ISSUES...26 PROBATE...27 MILITARY SERVICE...28 SOCIAL MEDIA...29 CONCLUSION

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5 INTRODUCTION Becoming an adult is exciting. You can drive to the senior prom. You will get your first job. You will leave home for college or rent your first apartment. You may apply for your first credit card (with a co-signer) or open a checking account. These are the rights and privileges of adulthood, but each right also carries responsibilities. You must pass the driving test and drive responsibly. You must pay income tax and other taxes with every paycheck. You must pay your rent on time and not trash your apartment. You must use your credit cards wisely and make all of the payments on time. As an adult and citizen of Illinois, you have specific legal rights and responsibilities. This booklet explains many of them. Be aware, however, that this booklet is not a crystal ball. It cannot provide legal advice, or information for every situation. While you should read this booklet for a general understanding of your legal rights and responsibilities, you should always seek advice from a lawyer for specific questions and needs. Where do you get a lawyer? Ask your parents, relatives, school counselor, or respected friends for the names of lawyers they trust. In the Chicago area, you can also call The Chicago Bar Association Lawyer Referral Service at (312) or visit chicagobar.org/public/referral/referral.html. If you cannot afford a lawyer, find one of several law firms that provide free or low-cost legal services. Check online or in your local Yellow Pages. In Chicago, for example, you may reach the Chicago Volunteer Legal Services Foundation at (312) or the Legal Assistance Foundation of Chicago at (312) or and the Chicago Legal Clinic, Inc. at (773) or You can also get The Chicago Bar Association Young Lawyer s Section publication Where to go for Legal Assistance in Chicago. Call the Chicago Bar Association at (312) or visit to obtain copies of this publication. GENERAL LEGAL PRINCIPLES Is there one age at which I am legally considered an adult? Yes, for the most part. At age 18 you are legally considered an adult and most laws apply to you. You can vote at age 18. However, you cannot drink beer or alcohol until you are 21. Do the laws apply to both men and women? Yes. Both men and women are legally considered adults at age 18. All laws apply to both men and women in the same way, except that young men must register for the military and young women do not. Are the laws in Illinois the same as in other states? Not necessarily. If you move out of Illinois, or go out of state to college, many laws will be different. This booklet covers only the law in Illinois. 3

6 What rights will I automatically be given when I turn 18? Some of these rights include the right to vote in elections, enter into a contract, make a will, obtain medical treatment or marry without parental permission, and apply for credit with a cosigner. What responsibilities am I expected to assume at age 18? Some of these responsibilities include the duty to honor contracts you make, serve on a jury, support yourself if your parents do not or cannot support you, and, register for the draft if you are a man. THE RIGHT TO VOTE Why should I vote in elections? Elected officials are responsible for making laws, making the financial decisions of the country or state, maintaining services in the individual states or throughout the country, and establishing relationships with foreign countries. By voting you indicate which candidate has the best qualifications to assume these responsibilities on your behalf. Many of our ancestors fought and died to obtain your right to vote. It is a right that should not be taken for granted. Does my vote really count? Absolutely. Don t let anyone tell you that it doesn t. Elections are often very close. For example, in the 2000 presidential election, according to the official Florida certification, George W. Bush beat Albert Gore, Jr. in Florida by about 500 votes. As a result of winning Florida, Bush won all of Florida s electoral votes and became the President of the United States. In 2008, Al Franken became the U.S. Senator from Minnesota after a lengthy recount showed he beat his opponent by a 312 votes out of 3 million cast. His winning margin was.011%. A single person s vote is made even more powerful by the fact that in many elections less than half of the eligible voters choose to go to the polls. Therefore, when you vote, your vote is twice as powerful because of the apathy of many of your fellow citizens. And when you don t vote, you give that power away to someone else. What is the age requirement for voting? You must be 18 and a citizen of your city, state, and country. This entitles you to vote in local, state, and federal elections. When I turn 18, what do I need to do to vote? To vote in any local or federal election, you must register in the city or town of your legal residence at least 28 days prior to the election. Registering to vote is a simple process and you can register in a number of places. You may register to vote when applying for services at a variety of government offices, such as a driver s license facility, a public aid office, or a public health office. You may also register to vote at a county clerk s office, a board of elections office, or a variety of local government 4

7 offices. Before an election you will often find voter registration tables at grocery stores, banks, or libraries. Finally, you may register to vote by mail. But, if you choose to register to vote by mail, unless disabled or in the military, you must vote in person the first time you vote. Wherever you go, you need to bring two pieces of identification including one showing your legal residence address. A utility bill with your name and address, student I.D. card, driver s license, passport, birth certificate, and a number of other documents will work. You can learn more about how to register in Illinois by reading the pamphlet available at register.aspx. Can I register to vote in more than one location if I have two or more residences? No. By law you can only vote from one location. You must determine your one legal residence and register to vote from that location only. If you are a college student away at school, you may use your parents address. If you determine that you are going to stay and live in the town where your college is located, you may register at that location. If I m out of town, ill, or disabled, can I still vote? Yes, you can vote by using an absentee ballot. Absentee ballots are used by 1) people who expect to be out of town on Election Day, 2) disabled people, 3) college students away at school, 4) judges of election serving outside their home precinct, and 5) people observing religious holidays. You can get an absentee ballot from your local election authority by mail, or you can vote in person by absentee ballot sometime before the election by visiting the local office where you are registered to vote. In Illinois, if your plans change and you wish to vote in person on election day, you can cancel your absentee ballot in the polling place and then cast your regular ballot. How can I become involved in the political process? You can become active with a political party. To get their candidates elected, political parties rely on armies of volunteers. These volunteers go door to door campaigning for their candidates helping to raise money to operate the campaign, and spread the message of the party s candidates. You can do these things even before you turn 18. You can run for office once you turn 18. To run for office, you usually need a petition signed by a certain number of people who agree you should be a candidate. Most candidates for office have a party affiliation, however, so before running for office, most people volunteer for the party of their choice. But going this route is not necessary: movie director Michael Moore ran for his school board and won when he was only 18 years old even though he had never before been active with any political party. How can I become involved in the electoral process? You can serve as a judge of election, responsible for the conduct of the election 5

8 in the precinct polling places. To serve as a judge of election, you need only be a citizen and a registered voter. In Chicago, a judge of election is paid $100 for Election Day, plus an additional $50 for successfully completing a short training course. Although judges of election serve a long day, the job is challenging, interesting, and personally satisfying. It is an opportunity to do something for your community and for yourself. Contact your local election authority for further information on serving as a judge of election. Another way to become involved in the electoral process is to assist with voter registration at your high school or college. How can I help a candidate or political party on Election Day? You can serve on Election Day as a pollwatcher, a representative chosen by a candidate, political party, or civic organization to observe the conduct of the election. To be allowed into the polling place, a pollwatcher must first obtain signed credentials from a candidate, political party or civic organization, then hand these signed credentials to the judges of election. Pollwatchers observe the conduct of the election, and also watch the judges count the ballots at the end of the voting day. If a pollwatcher observes an illegal act or irregularity, he or she can call the election authority or a law enforcement agency for assistance. JURY DUTY What is a jury? A jury is a group of either six or twelve ordinary people from the community that hears all the evidence of a legal case at trial and decides the outcome. A jury may be used for either a criminal trial or a civil trial. In a criminal trial, the jury decides the defendant s innocence or guilt. In a civil trial, the jury decides whether the defendant is liable, and if so, the amount of damages to award the plaintiff. People older than 18 may be selected to sit on either a grand jury or a petit jury. A grand jury listens to evidence presented about someone who is thought to be guilty of a crime but has not yet been charged with a crime. The grand jury decides whether that person should be charged with a crime and tried. A petit jury is what we normally mean when we refer to a jury. The petit jury sits in the box in the courtroom and hears evidence during a trial. The petit jury with the help of the judge and the lawyers decides what should happen based on the evidence presented by the parties. When do I have to serve on a jury? Any citizen of the United States age 18 or older may be asked to serve on a jury. This is jury duty or jury service. A juror must understand English and have no disability that would prevent him or her from actually attending the trial and listening to the evidence. Why should I serve on a jury? Juries protect the rights of the accused by assuring that evidence will be heard and the case decided by impartial people who were never involved in the incident. This 6

9 shows that the United States wants citizens to participate in a legal system that is designed to be fair to everyone. This is not the case in some other countries; thus, it is a privilege to be part of a jury. Also, you may be sued at some time or sue someone else and may want a jury to hear your case. For the system to work, everyone must be available to serve as a juror. It s your responsibility as a citizen to do so. How are people selected for jury duty? In Illinois, a person is selected from a list prepared in the county where they reside. The list is compiled from driver s license and voting records. Each person who receives a jury summons is randomly selected. What exactly happens on the day I must go to the courthouse for jury duty? You go to the court location listed on the notice and wait to be called. You should be prepared to wait a whole day if necessary, so you may want to bring a book. In large communities like Chicago, you will be part of a large group of persons receiving notices for the same day. Because there are more potential jurors than will probably be needed that day, not everyone will be selected to actually hear evidence in a trial. The court may advise you that if you are not selected that day, you do not need to return. If you are selected for a particular trial, you must come to the courthouse each day until the trial is over. In smaller communities, a juror must be available to be selected for any trials during a two-week period of time. Each community has slightly different procedures, so you must read the notice carefully to know what to expect. Can I be excused from jury duty? You can be excused from jury duty depending on the circumstances. Some valid reasons include: * you are related by blood or marriage to someone involved in the case or the lawyers in the case * you have a financial interest in the outcome of the case, for example, you have an interest in a business involved in the case * you clearly have an opinion about the facts of the case that would prevent a fair decision * you are biased or prejudiced in such a way that you would not be able to decide the case fairly and impartially Is anyone in a particular occupation automatically excused from jury duty? No. Everyone receiving a notice for jury duty must appear at the courthouse and wait to see if they are excused for the reasons listed above, or because they are no longer needed that day. Am I paid for jury duty? Yes, but not much. (Remember, this is your duty.) Each county decides what jurors will be paid according to budget allowances. The daily pay is generally less than $20, though the court systems do express appreciation for jury duty. 7

10 Will I lose pay from work? Possibly. While your employer is required to allow you time away from work for jury duty, your employer is not required to pay your regular salary or wages while you are on jury duty or serving on a jury. Some employers do pay salary or wages during that time; others do not. You need to talk to your employer to find out. Some employers pay the difference between your regular wages and the amount the state pays for jury duty. If you are paid by your employer while on jury duty, you should ask what your employer requires you to show as proof that you served as a juror. What if I cannot be present for jury duty on the day the notice says I should go to the courthouse? First, try rearranging your schedule to be available for jury duty on the date listed in the notice. If you cannot, contact the courthouse by calling the number listed on the notice, or write a letter explaining that you cannot appear. If you don t hear from them before your jury duty date, or if you are not given another date, you must appear on that day. If you fail to appear, you could be fined. ALCOHOL Can I drink alcoholic beverages at age 18? No. You must be 21 to drink any kind of alcoholic beverage. Anyone found drinking alcohol before they are 21 can be fined. Is it legal for someone under 21 to go into a restaurant, store or other business that sells alcohol? Yes. You may go to places where alcohol is sold or served before you are 21 if you do not consume or purchase any alcohol. In places that primarily serve alcohol, such as bars, you must be accompanied by your parent, guardian, or spouse who is over 21. Can anyone sell me alcohol or beer when I m 18? No one can sell you alcohol until you are 21. Anyone who sells alcohol to someone under age can be fined and lose their liquor license. DRIVING Is driving one of my rights? No. Driving is a privilege not a right. The state sets certain rules and regulations to control driving. If those rules are violated, the state can take away a person s driver s license. The Illinois Secretary of State (100 W. Randolph St., Chicago, IL (312) , is the state agency in charge of driver s licenses. How old do I have to be to drive? In Illinois, you can obtain an initial phase driver s license at age 16 and a full driver s license at 18. During the initial phase, there are more restrictions on the licensee s 8

11 driving. For example, the licensee cannot use a cell phone at all while driving, cannot drive between 10pm and 6am during the week, or 11pm to 6am on the weekend, and can have only one passenger under 20 in the car with him/her other than family. Even drivers with the full license under the age of 19 cannot use their cell phones while driving. Can I buy a car when I turn eighteen? Yes. At age 18, you can enter into a contract to purchase a car or other vehicle on your own. You can also enter a contract to obtain insurance coverage on the car. Keep in mind that all cars must be insured in Illinois. If you are convicted of driving an uninsured car, penalties are severe. If you enter into a contract for a car or insurance, you must make the required payments. Are Illinois laws on drinking and driving tough? Definitely. Recently Illinois passed a law that states anyone with a blood alcohol content ( BAC ) of.08 percent is driving under the influence of alcohol ( DUI ). Multiple DUI offenses now require jail. What does blood alcohol content (BAC) mean, anyway? It is the ratio of volume of alcohol to volume of breath or blood. (When you drink alcohol it stays in your bloodstream for at least an hour, usually longer.) Blood alcohol content is measured by a breathalyzer test or blood sample. Does this mean I can drink a little bit and still drive? Absolutely not. In Illinois, the law imposes zero tolerance upon drivers under age 21. Zero tolerance means that no amount of an alcoholic beverage may be consumed when or before driving a car. You should also know that in Illinois there is a zero tolerance law for drivers of all ages who use marijuana or other illicit drugs when driving. Under what circumstances can the police test my blood alcohol content (BAC)? You may be tested any time the police see erratic driving or other problems (for example, accidents) that warrant stopping you for a traffic violation. Usually a breathalyzer test is given on the side of the road, while the car is stopped. What is a breathalyzer test? Police ask you to blow into a special piece of equipment which can immediately determine your BAC. What happens if a driver refuses to take a breathalyzer test or blood test? If you refuse to take the test, you will face an automatic driver s license suspension for a minimum of six months, whether you have a BAC of.08 or not. On the second offense, the period of suspension is increased to two years, again, whether you have a BAC of.08 or not. 9

12 What happens if I am stopped by the police and my BAC is.08 or higher for the first time? You will probably be arrested and charged with driving under the influence (DUI). You will face automatic suspension of your driver s license. You will be handcuffed, taken to the police station, booked with the DUI offense, fingerprinted and put in jail. You will be required to post bond to get out of jail, and will face automatic suspension of your driver s license. You will also have to pay the traffic fines and possibly lawyer fees to get out of jail and get your license back. You may face increased insurance premiums and be ordered by a judge to attend a substance abuse treatment program at your expense. The Illinois Secretary of State estimates you will pay an average of $9,000 for a DUI offense. You may also have to perform community service duties, abide by mandatory curfews, attend alcohol evaluations, and in some cases be admitted to a hospital. The first offense in Illinois is usually considered a misdemeanor, for which you could be eligible for court supervision, a more lenient sentence. Under new Illinois law, you are only eligible for court supervision once in your life. But you should be aware that a DUI conviction is considered a first offense only if you have no other DUI convictions in Illinois or other states. What is a misdemeanor? Any crime punishable by imprisonment for up to a year is a misdemeanor. What is a felony? Any crime punishable by imprisonment for a year or more is a felony. Some felonies are punishable by death or life imprisonment. What happens if I am charged with DUI more than once? A second violation within five years of the first violation requires a MANDATORY 48-hour prison sentence or a minimum of 100 hours community service. New Illinois DUI law requires that you face MANDATORY revocation of your driver s license if you are charges with DUI more than once. Subsequent convictions can be considered felonies with appropriate prison sentences, which cannot be suspended. The sentence can be 1-12 years if you are charged with DUI in an accident resulting in serious injuries. You must also undergo an alcohol abuse evaluation at your expense. If you are charged with DUI while transporting a passenger under 16, you will be fined $500 and ordered to do five days of community service. If the DUI violation occurs while your driver s license is revoked or suspended, you will face 30 consecutive days of prison, 40 hours of periodic imprisonment or 720 hours of community service. 10

13 CONTRACTS What is a contract? A contract is an agreement between two or more persons to sell or purchase something, or to provide services in exchange for money or something else of value. All parties should receive a benefit from a contract. Each person involved must agree to do something in exchange for that benefit. For example, when you buy a car you might enter into the following contract: You promise to pay the seller of the car the purchase price of the car, and in return the car seller promises to deliver the car to you in working order. You may not have enough money to pay the entire purchase price, so you could enter into another contract with a bank: You promise to make monthly payments plus interest over five years, and the bank promises to pay the full purchase price to the car seller now. You get the car, the seller gets the purchase price, and the bank gets the interest on your loan. Why are contracts important to me now that I am 18? Eighteen-year-olds are expected to be mature enough to understand the terms of a contract. If you agree to the terms, the other party can force you to comply with those terms. The other party must also honor his or her portion of the contract with you. If necessary, either party can go to court and ask a judge to enforce the terms of the contract. Should all contracts be in writing? Yes. While contracts can be spoken, written contracts are easier to enforce in court if someone does not hold up their end of the contract. Many contracts must be in writing in order to be enforceable in court, including those for the purchase of any item that costs more than $500, and all contracts for the purchase or sale of land. The advantages of having a contract in writing include: Protection from misunderstanding or dishonesty. When all the terms of a contract are put in writing and the parties sign the contract, each has an opportunity to make sure that what they see in writing is what they intended to include in the agreement. It is very difficult for parties to convince a judge that they never agreed to terms they put in writing and signed or that they thought they agreed to something different. This is important: It is difficult to argue that you did not mean what you signed. Protection from poor memory. Some contracts are complicated or carried out over a long period of time, so it is easy to forget what the parties agreed to in the first place. For that reason, you should keep the written contract for future reference. Before I sign a contract, what should I do? 1. Take time to read and understand every word in the contract. Do not feel you must sign the written document on the spot without reading it first, even if the person selling you the product or service encourages you to. 11

14 Make sure you understand every word and phrase. If you do not understand something in the contract, take time to find out what it means; ask someone you trust. Never sign a contract which has blanks in it. 2. Make sure you understand how long the contract lasts and what to do if one of the parties wants to end the contract. Some contracts are automatically renewed unless you notify the company you want to end the contract. Some contracts also have very strict deadlines and complicated instructions about how and when to notify the company. Find out exactly what you need to do to end the contract. APARTMENTS Can I rent an apartment when I am 18? Yes. Renting an apartment is entering into a contract. The landlord promises to let you live in her property in exchange for your promise to pay the agreed-upon rent. Should the lease be in writing? Yes. A lease is a contract in which a landlord rents to a tenant a certain space for a specified unit of time in exchange for regular rent payments, usually monthly. Can there be a verbal agreement to rent property without a written lease? Yes. However, an oral agreement is often hard to enforce if any problems occur after the agreement is made. You and the landlord might not accurately remember what you agreed to or might change your mind about honoring the agreement. It is hard to prove what was originally agreed to unless you have it in writing. In Illinois, if your lease is for more than one year, the law requires that it be in writing. What should a written lease include? The lease should include all information you and your landlord discussed and agreed upon, including: 1) A description of the premises (address, apartment number, etc.) 2) The names, addresses, and telephone numbers of the renter(s) and landlord 3) The amount of rent you are to pay 4) When the rent is due 5) Who pays for utilities 6) The start and end date of the lease 7) A summary of the rights and duties of tenant and landlord under Chicago law It should also include reasons that will allow the landlord or the renter to terminate the lease. Reasons might include the landlord refusing to fix the toilet or let you get someone to fix it, or a late rent payment. Be sure the reasons you as a renter might want to leave are included, and be sure you must be given adequate notice if the landlord wants you to leave. Also, failure by Chicago landlords to include the summary makes the lease voidable at the option of the tenant. 12

15 Who writes the lease? Landlords frequently use a pre-printed standard lease. Otherwise, you and the landlord should write the lease together. If a pre-printed lease is used, be sure to read it very carefully; many are written to give the landlord an advantage over the renter. Make sure everything you expect from the landlord is in the lease as you discussed it. Cross out terms that you did not agree to but are written in the lease. Who should sign the written lease? The landlord and everyone who plans to live in the rental property should sign the lease. The people who sign the lease are the only ones liable under the lease, and run the risk of a roommate who did not sign the lease not paying his part of the rent. The ones who sign the lease are liable for the entire lease amount. What happens if I rent the property with several other persons and one or more of them refuses to pay the rent? First, you need to read the written lease, which probably states all persons signing the lease agree to pay the entire amount of rent due. If that is the case, if the full rent is not paid, the landlord can sue to evict you and your roommates and to recover the rent money from any and all of you--even if you paid your share of the rent. If the landlord obtains a judgment against you, he can ultimately garnish your wages if you are working. You would then need to sue your non-paying roommate to recover what you paid out. This situation could ruin your credit report. Without a clear credit record, you may have problems renting another apartment or getting a loan in the future. Thus, make sure all roommates sign the lease and make sure you can trust your roommates. What is a security deposit? Most landlords require a security deposit to assure that if you leave the property in damaged condition, the damage can be repaired at your expense. The security deposit is usually equal to one month s rent and most landlords require this before you move. You can ask the landlord to put the security deposit in an interest-bearing account to accrue interest, and you should obtain a receipt from the landlord. What if the property was damaged before I move in? You need make sure the landlord is aware of any damage before you move in. Have the landlord inspect the property and list the damage observed. Any written lease should note existing damage for which you are not responsible. You may also ask the landlord to repair existing damage, but the landlord is not required to do it unless the property does not meet building codes, or the premises poses a danger to your health or safety. Will a security deposit be returned to me if the property is not damaged? The landlord should return it promptly after inspecting the property when you move out and determining that you caused no damage to the property. In Illinois, the landlord must return it within 45 days or face substantial penalties. 13

16 What should I do to make sure I get the security deposit back? First, make sure you and any roommates do not damage the property. If the property is damaged, repair the damage or have it repaired. You should also leave the property clean. Landlords will deduct from security deposits the amount they spend to have an apartment professionally cleaned after you leave. Then, when you have moved all of your belongings out of the property, arrange to have the landlord inspect the property. Be present during the inspection so you can discuss any questions with the landlord. If the landlord agrees you did not damage the property, ask when you can expect to receive the security deposit back. A check for the amount of the security deposit, plus any interest accrued, is usually mailed to you at your new address. What if the landlord still refuses to return the security deposit? You can sue the landlord in small claims court to get the security deposit back. Can the security deposit be used as the last month s rent? No, unless the landlord agrees to do that. Many local laws state that a security deposit cannot be used as the last month s rent without the landlord s approval. How can I get free help if I have a dispute with my landlord? Many local governments have landlord/tenant resources. For example, The Chicago Department of Housing s Landlord/Tenant Hotline, (773) , through the Metropolitan Tenants Organization (MTO) provides information on tenant s rights under the Chicago Landlord/Tenant Ordinance. A great deal of information is available on their website: The Center for Conflict Resolution s Resources for Apartment Dispute Resolution (RADR), (312) [no web site available], provides free services to help settle landlord/tenant disputes. EMPLOYMENT Do I have to sign a contract to get a job? Not usually. Most jobs are at-will, which means that either you or your employer can terminate your employment relationship at any time with or without notice, for any legal reason. So you don t need a written contract. However, some jobs require you to join a union, in which case you ll sign a union contract stating your rights and responsibilities as an employee. Some other jobs, such as high-level executive or sales representative positions, require that you and the employer sign a contract. When does my employer have to pay me? Most employers pay every two weeks or every week. These pay periods cover all work done during the previous two weeks or week. If you are a professional, executive, or administrative employee, your employer can pay you monthly for all work done that month. If your pay period is two weeks, your employer must pay you within 13 days after the end of each pay period; if it is one week, within 7 days. 14

17 How much should I be paid? Illinois employers with four or more employees are required to pay at least the minimum wage. Employees who receive tips in addition to their wages are entitled to receive minimum wage, but the employer may deduct the employee s tips in an amount not to exceed 40% of the Illinois minimum wage. Whether an employer deducts your reported tips or not, your tips and wages combined must exceed the minimum wage. Do I have a right to get paid more for overtime? Yes, generally, if you are paid by the hour. Your employer must pay you overtime wages for work in excess of 40 hours per week. Overtime wage is one-and-a-half times your hourly wage. If you are not paid by the hour, but are paid a salary (a fixed amount per year), you generally do not have a right to higher wages for overtime even if you work more than 40 hours per week. Do I have a right to take a lunch break? Generally, employees scheduled to work at least seven and a half consecutive hours are entitled to a 20-minute, unpaid, uninterrupted meal period, beginning no later than the fifth hour of work. Can my employer fire me for any reason? No. Illegal reasons include firing you--or even treating you differently on the job--because of your race, sex, pregnancy status, age, religion, sexual orientation, ancestry, national origin, or disability. Also, it is illegal for an employer to fire you or otherwise retaliate against you for reporting unlawful conduct or illegal actions by the employer, for refusing to engage in these actions, or for exercising your legal rights, such as filing a worker s compensation claim. What is worker s compensation? If you get injured in a job such as construction, restaurant, or manufacturing, you have the right to be compensated for your medical bills, a portion of your lost wages, and your disability under the Illinois Workers Compensation Act. If you are injured, you should obtain the advice of a lawyer who practices workers compensation law. Claims relating to workers compensation are filed with the Illinois Workers Compensation Commission (100 W. Randolph St., Chicago, IL 60601, (312) , What should I do if my employer discriminates against me? If you believe you have been discriminated against by anyone at your job, you should inform the person designated by your employer to handle such issues, typically your employer s human resource department. All employers should be given an opportunity to remedy your problem. If the employer does not solve the problem, you can file a claim against your employer with the Illinois Department of Human Rights (100 W. Randolph St., Chicago, IL 60601, (312) , or the U.S. Equal Employment Opportunity 15

18 Commission (500 W. Madison St., Suite 2800, Chicago, IL 60661, (312) , You may also be able to file with the City of Chicago Commission on Human Relations (740 N. Sedgwick, 3rd Floor, Chicago, Illinois 60611, (312) , en/depts/cchr.html) or the Cook County Commission on Human Rights (69 W. Washington, Suite 2900, Chicago, Illinois 60602, (312) , cookcountygov.com/portal/server.pt/community/human_rights,_commission_ on/301). You should seek the advice of a lawyer promptly to discuss your rights and help you with your claim. If I quit, get fired, or lose my job in some other way, when must my employer give me my final paycheck for my final earnings? Generally, no later than the next scheduled pay day. What if my employer fails to pay me the wages I have earned? You should seek the advice of a lawyer practicing employment law and file a claim with the Illinois Department of Labor. Where can I seek help if I am unemployed? You should contact the Illinois Department of Employment Security at (888) or visit to locate the nearest unemployment office nearest you, and for details on your rights to obtain unemployment benefits. INCOME TAX Do I need to pay income tax once I am 18? Yes. In fact, if you earn enough income, you may be required to pay income tax even if you are younger than 18. Before you get your first paycheck your employer will ask you to fill out forms for withholding federal and state income tax, social security and Medicare. These deductions will probably amount to about 15% of your check, depending on how much you earn in a year and what deductions you can claim. The taxes are deducted from your total pay before you receive your check. Who gets the income tax? Two agencies: the Internal Revenue Service (U.S. government) and the Illinois Department of Revenue (Illinois government). Do I have to file income tax returns once I turn 18? Yes. At the end of the year, you must total your income and the taxes withheld from your paycheck. Compare the tax you paid to published tax tables (in the income tax forms, see below) to see if you have paid too little or too much. If you have underpaid the taxes, you will have to pay what you owe. If you have overpaid, the government owes you a refund. Your annual income tax return is due April 15 of the year following your work year. Now that you are 18, you must arrange to fill out 16

19 the form, mail it in, and pay any tax due. If you are late, the government charges interest and penalties at high rates. When should I get the income tax forms? Tax forms are usually available at post offices and libraries. You should obtain income tax forms as soon after January 1 each year so you are not rushed before April 15. You may also obtain tax forms from the agencies. The Internal Revenue Service regional office is located at 230 S. Dearborn, 24 th Floor, Chicago, IL You can request U.S. government tax forms by calling (800) TAX-FORM. The Illinois Department of Revenue is located at 100 W. Randolph, Chicago, IL Who should I contact with questions about tax forms? The Internal Revenue Service Taxpayer Assistance phone number is (800) TAX You can also visit the Internal Revenue Service web site at gov. The Illinois Department of Revenue s telephone assistance number is (800) , and its web site is CREDIT What is a credit record? A credit record, tracked by one of three national credit bureaus, shows whether you repay bills promptly. If you have credit cards in your name, for example, your lender may report whether or not the record will show if you pay the bill promptly. Loans may also be listed on the record. The record is kept using your social security number and name. Why is a credit record important? Any bank or company lending you money to make large purchases, such as a house or car, will look at your credit record to see if you have a history of paying bills on time. They will use that information to determine if you are eligible for the loan. Your credit record may also be checked before you rent an apartment or space for a business. What can I do to establish good credit? Several things. First, you need a job with sufficient income to pay bills or repay a loan. You should have some small bills listed in your name. Renting an apartment in your name and putting the utilities for the apartment in your name are good ways to start establishing credit. You can establish a good credit rating by showing you have the ability to repay on time a company or person lending you money. For example, when you pay utilities in the apartment you rent or pay the rent to your landlord on time you are establishing good credit. You might also consider getting a credit card in your name or taking a loan for 17

20 a small purchase, so you can promptly make payments on these debts. Be careful, however, to agree to pay bills you can afford to pay. Running up a credit card bill you cannot pay could hurt your credit. Also, under the Credit Card Act of 2009, people under 21 must have a consigner to get a credit card. Talk to your parents about getting one with their help. Many banks and loan companies prefer to see a record of stable employment and bill-paying for several years, so it is good to start establishing credit years before you plan to make a major purchase, such as a car or house. What can I do if I think there is something negative on my credit record? First, write each of the three credit companies to request a copy of your credit record. Normally, you are entitled to a copy for $8.00, but you are entitled to a free copy if credit was denied because of the credit record. Check the credit record for errors such as paid bills shown as unpaid, or court judgments that are not yours and were recorded by mistake. Errors on credit records are common. If the record is correct, you need to pay off the bills and do whatever is necessary to correct the credit problems. Bringing all bills up to date and paying bills promptly will reestablish good credit. If the record is incorrect, you need to write (not call) each of the three credit bureaus and ask that the error be corrected. Each credit bureau has thirty days to respond. If I apply for credit may the lender discriminate against me because of my sex or marital status? No. A lender may look only at your ability to repay the loan. A married person who has never established credit in his or her own name may have a problem getting a loan unless another person with a credit record agrees to co-sign the loan. This means both persons are responsible for repaying the loan, although one person is primarily responsible for repayment. What is interest? Interest is the price you pay for using someone else s money. This is usually called the interest rate, or a percentage of the loan amount you pay each year in addition to the principal (original amount of the loan). If you borrow $8,000 to buy a car, you can buy the car immediately, but the institution lending you money cannot use the money until you pay it back over the period of the loan. So they charge you interest for the right to use their money. The longer you take to pay back the loan, and the higher the interest rate, the greater the interest you pay. After four years of monthly payments, you might make $11,000 worth of payments on that $8, loan. What information should I check when applying for a loan? To make sure the loan is right for you, check the following: 1 the interest rate you will pay, which must be stated as an Annual Percentage Rate; 2 the time period of the loan; 3 whether you can pay off the loan early without penalties (you will save interest); 18

21 4 the exact amount of the loan; 5 how to make payments (Some lenders require you to make payments electronically out of your bank account so you do not need to write a check. Payments are made at a specific time each month, and you are expected to have the money in your account.); 6 whether the lender requires a cosigner for the loan; 7 whether the lender requires collateral (something of value, such as your house, which the lender can take if you fail to repay the loan); and 8 penalties for failing to make payments. Be sure to comparison shop by talking to various lending institutions. Each may offer different interest rates or payment plans and may assess your credit history differently. Also, get the loan proposal in writing, especially if you are preparing for a major purchase such as a house. What can happen if I do not make payments on a loan? The lender can enforce the loan agreement by getting a court order declaring you owe the money. The money can then be collected from you in various ways. First, of course, you can pay the judgment. Otherwise, the most common way to collect the money is to get a second court order to take money out of your paycheck until you ve paid off the loan. This is known as garnishing your wages. What is bankruptcy? Something you should avoid. Essentially, it is a determination by a bankruptcy court judge that your current assets are not great enough to pay all your current debts within a reasonable time no matter what you do. Bankruptcy laws give persons in extremely unfortunate financial situations a chance to start over, and are intended as a last-ditch solution. When you declare bankruptcy, many debts owed at that time are discharged, or wiped away so you do not need to repay them. But, there are exceptions such as student loans, income taxes, alimony, and child support. Bankruptcy protection may not occur if the debts are primarily consumer debts. CRIMINAL LAW What is a crime? A crime is any violation of the laws of this State or the laws of the United States government. A crime can occur if a person does things he or she is not supposed to do, or if a person fails to do things he or she is supposed to do. Not all crimes carry the same punishment. Felonies carry at least a one-year prison sentence, and misdemeanors are punished by no more than a year in jail. How do I determine what the punishment will be for a particular crime? It depends on the crime. Once you are found guilty, a judge decides the appropriate sentence. Almost all crimes have guidelines for a judge to follow in sentencing, but the judge chooses whether to give you a high or a low sentence within those 19

22 guidelines. For example, a judge could give you as much as three years in a one- to three-year sentencing range. When can I be charged with a crime in adult criminal court? If you were 17 or older when the offense was committed, you are considered an adult and will be brought to adult court. There are cases where younger people go to adult court, too. Juveniles 15 and older accused of crimes like dealing drugs, or carrying drugs with the intent to deal them within 1000 feet of school grounds or public housing grounds (for example, Chicago Housing Authority property) will automatically be sent to adult court. If the crime is considered brutal enough, someone as young as 13 can face adult punishment in adult court. If I am arrested by the police, what rights do I have? You have 1) the right to remain silent and not talk to police, and 2) the right to have an attorney present when the police question you. These rights, which you may have heard on T.V., are known as Miranda rights. The police are required by law to read these rights to people they arrest. Anything you say to the police can and will be used against you in court. If you cannot afford a lawyer, the police have to get a lawyer to represent you. Once you ask for a lawyer the police should not question you about the incident until a lawyer arrives. It is important to remember not to say anything to the police except for continuing to ask for a lawyer. Also, remember that the State s Attorney is not your lawyer, but a lawyer for the State of Illinois who will help prosecute you. How soon after an arrest will a criminal case be heard before a judge? An adult charged with a crime must be brought before a judge within 48 hours of the arrest. The judge will look over the charges to determine if they are appropriate. The judge would then set bond, or the money the adult must post to get out of custody before trial. A juvenile charged with a crime must be brought before a judge within 36 hours (not including weekends and holidays) of the arrest. The judge will then decide whether to hold the juvenile in custody. What is rape? In Illinois, rape is called criminal sexual assault. Criminal sexual assault involves sexual penetration by the use of force or by threat of force. It can also mean penetration with the knowledge that the victim is unable, because of immaturity or disability, to understand or consent to the act. What is consent? Generally, consent means giving permission or approval to do something with the capacity, intelligence, and awareness to understand fully what that permission means and what will result from giving it. If someone tells you no, this is not consent. Under the law, no means no. Period. 20

23 What is the definition of penetration? Penetration does not necessarily mean sexual intercourse. Penetration also means contact between one person s sex organs or anus and another person--or object--for sexual gratification. If I am 18, and my girlfriend/boyfriend is only 16, is it a crime for us to have sex? Yes. It is illegal to have any sexual contact with anyone under 17, even if that person consents, and even if you are the same age or younger. What is the penalty for criminal sexual assault? A first offense carries a sentence of 4 to 15 years in prison. A second offense carries a 30 to 60 year prison sentence. What is aggravated criminal sexual assault? Criminal sexual assault with aggravating circumstances, such as with a weapon other than a gun, or against an elderly person, a disabled person, or a child. Aggravated criminal sexual assault carries a harsher penalty: 6 to 30 years for a first offense. Do penalties get worse if a crime is committed with a gun? Absolutely. Recent changes in the law make the penalties much worse for many crimes if a gun is involved. Examples of such crimes are aggravated criminal sexual assault, armed robbery, attempted murder, aggravated battery to a child, and home invasion. If someone committing the crime possessed a gun, new Illinois criminal law requires a judge to change the 6 to 30 year sentencing range to a 21 to 45 year range. If someone committing the crime fires a gun, the range becomes 26 to 50 years. If someone committing the crime seriously hurts someone by firing a gun, the range becomes 31 years to life in prison. CONSUMER PROTECTION When I buy something and find something wrong with it, can I get my money back? It depends. When you buy something brand new, usually the manufacturer gives you a written warranty of some kind, a promise that if the item doesn t work the way it is supposed to, the manufacturer will repair it, replace it for free, or give you a refund. Warranties are usually limited, and they don t last forever (one-year warranties for consumer goods are common). Also, the warranty won t apply if you intentionally break the item. Before you make a major purchase, you should read and understand the warranty. If you buy something new without a written warranty, Illinois law can still protect you. For example, the implied warranty of fitness for a particular purpose applies. If you buy a carpenter s hammer from a hardware store and it breaks when you use it to drive a nail in your wall, you can return it and obtain a refund even though 21