Act extends ability of terminated employees to continue medical insurance coverage. PA 096-0013August 2009Illinois Law Update, Page 392The Illinois General Assembly has amended the Illinois Insurance Code (Code) and the Health Maintenance Organization Act to provide for circumstances in which employees who are terminated or whose hours fall below the minimum hours necessary for coverage may continue to be covered under a group policy or group HMO coverage plan.
Personnel rules for public officials and employees updatedJuly 2009Illinois Law Update, Page 336The Department of Central Management Services has updated the personnel rules, pay plans, and position classifications for public officials and employees.
Sexual harassment and the chain of commandBy Helen W. GunnarssonJune 2009Lawpulse, Page 278Under state law, employers are liable for sexual harassment by supervisors whether or not the employer knew about it and even though the employee-victim doesn't work under the supervisor.
"Rape Shield" for Civil LawsuitsBy Helen W. GunnarssonMay 2009Lawpulse, Page 220An Illinois House bill would extend the prohibition against admitting evidence of an alleged victim's sexual history to sexual harassment charges.
Drafting Enforceable Noncompetition Agreements in IllinoisBy Peter A. SteinmeyerApril 2009Article, Page 194Learn how to increase the odds that your employer-client’s noncompete will pass judicial muster in Illinois’ unfriendly legal environment.
Human Rights Act doesn't bar state, federal claims in circuit courtBy Helen W. GunnarssonApril 2009Lawpulse, Page 168Someone who can bring a claim under the Illinois Human Rights Act can nonetheless sue based on federal or common law in state circuit court, the supreme court rules.
Act protects rights of detainees to access religious workers. PA 095-1022March 2009Illinois Law Update, Page 122Illinois lawmakers created the Access to Religious Ministry Act of 2008 to ensure that religious workers have reasonable access to immigration-related detainees held in county jails in the state of Illinois. 730 ILCS 125/26.
Pleading Civil Rights ClaimsBy Professor Jeffrey A. ParnessMarch 2009Column, Page 156The challenges civil-rights claimants face in choosing a forum, shaping their pleadings, and more.
The Illinois Whistleblower Act's Impact on Common Law ClaimsBy Sang-yul Lee, Steven J. Pearlman, and Jonathan J.C. GreyFebruary 2009Article, Page 90Does the Illinois Whistleblower Act preempt the common law? How can employers avoid retaliation claims? The authors offer answers.
Personnel rules for public officials and employees revisedDecember 2008Illinois Law Update, Page 612The Illinois Office of the Secretary of State made several changes to Title 80, Subtitle B, Chapter II, Part 420, Personnel Rules, Pay Plans, and Position Classifications. 80 Ill Adm Code 420.
Fraudulent Misrepresentation in Illinois Employment CasesBy Richard J. GonzalezSeptember 2008Article, Page 464More at-will employees who have been misled by employers' oral promises are suing for fraudulent misrepresentation instead of breach of contract.
R U monitoring employees' text messages?By Helen W. GunnarssonSeptember 2008Lawpulse, Page 438 An employee had a reasonable expectation of privacy in private e-mail he sent during work hours on his employer-issued pager, the federal ninth circuit rules.
Court upholds penalty against employer for not withholding income for child supportJuly 2008Illinois Law Update, Page 340On May 1, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the Circuit Court of Lake County ordering the ex-husband's employer, Knobias, to pay $369,000 to the employee's ex-wife as a penalty for knowingly failing to pay, within seven business days, child support from wages of the ex-husband.
Fraudulent misrepresentation tort limited to businessBy Helen W. GunnarssonJune 2008Lawpulse, Page 278Fraudulent misrepresentation applies only to business-related, not personal, injury, the Illinois Supreme Court rules.
No discretionary immunity for retaliatory discharge of employeeJune 2008Illinois Law Update, Page 284On April 17, 2008, the Illinois Supreme Court reversed the circuit court's holding barring the plaintiff's retaliatory discharge claim against the Waukegan Park District due to the District's immunity under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act), 745 ILCS 10/1-101 et seq.
Trends in Seventh Circuit Sexual Harassment DecisionsBy William J. BorahApril 2008Article, Page 198Title VII is not a code of behavior, according to the seventh circuit. But the court has also expanded remedies for victims of "hellish" sexual harassment.
The CFAA: New Remedies for Employee Computer AbuseBy Linda K. Stevens and Jesi J. CarlsonMarch 2008Article, Page 144The Computer Fraud and Abuse Act provides a path to federal court for employer-victims of computer abuse by employees and other insiders.
Departing Executives and the Wage Payment ActBy Richard L. Miller and John Haarlow Jr.March 2008Article, Page 138The Illinois Wage Payment and Collection Act can be a powerful tool for departing executives who haven t been properly compensated.
No psych-record access for "garden variety" employee emotional distress claimsBy Helen W. GunnarssonFebruary 2008Lawpulse, Page 66A recent ruling explains when employer-defendants can and cannot get access to employee-plaintiffs' medical and psychological records when employees sue for emotional distress cause by illegal discrimination.
The perils for employers of hiring private investigatorsBy Helen W. GunnarssonFebruary 2008Lawpulse, Page 66Employers who retain companies to investigate employee malingering or misconduct need to hire carefully and monitor appropriately.
Employer’s unilateral revisions to handbook did not convert plaintiff to at-will employeeJanuary 2008Illinois Law Update, Page 16On November 13, 2007, the Illinois Appellate Court, First District, reversed the order of the Circuit Court of Cook County by holding that an employer’s unilateral offer of new benefits did not effectively modify an employee’s contract to convert him to an at-will employee.
The New Illinois Right-to-Sue Law for Employment DiscriminationBy Stephen E. Balogh, Randall D. Schmidt, and Lindsey MarcusJanuary 2008Article, Page 30The Illinois Human Rights Act now provides for a right to a jury in the Illinois circuit court in employment discrimination cases.
