Legal Question in Employment Law in Illinois

My divorce was granted in Illinois in December 2009. As part of the divorce, I was able to change my name back to my maiden name. When I requested my employer change my name they demanded a copy of my divorce decree. I have already provided them with a copy of my new social security card and new Illinois driver's license. I also have my passport in my new name. They are refusing to change my name without a copy of the divorce decree. I do not believe they have the legal right to have a copy of that document in order to change my name, do they?

Thank you!


Asked on 7/24/10, 2:54 pm

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Hello. I agree with you. I also do not believe that your employer has a right to see your divorce decree. Technically, when you were married your last name was not changed. You merely began using the last name of your husband. A legal name change in Illlinois can only occur by filing a petition in the Chancery Division of an Illinois court, and then by court order a person's name is changed. You may have a claim of discrimination based on gender and possibly one or more other claims against your employer. This is a serious matter since your other forms of identification may be jeopardized by your employer's failure to honor your request! Will be happy to discuss this further and in more detail.

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Answered on 8/01/10, 11:05 am


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