Noncompetition and nonsolicitation covenants ruled enforceableOctober 2012Illinois Law Update, Page 520On July 17, 2012, the fourth district appellate court held as a matter of law that noncompetition and nonsolicitation covenants between a tax preparation service and tax preparer for two and one years, respectively, were enforceable even if the tax preparer only agreed to work for 104 days.
Enforcing Non-Compete Clauses in Illinois after Reliable FireBy Kelly M. Greco, David J. Fish, and Shannon BarnabyApril 2012Article, Page 196A look at enforcing restrictive covenants in the wake of the Illinois Supreme Court's Reliable Fire ruling, complete with practice tips for lawyers on both sides of a non-compete case.
The “Cat’s Paw” Theory in Illinois after StaubBy Alexandra Lee Newman and Yelena ShagallFebruary 2012Article, Page 88In Staub, the Supreme Court expanded the "cat's paw" theory, which holds that an unbiased decisionmaker can be liable for employment discrimination. The article looks at what the decision means for Illinois practitioners.
Retaliatory-discharge claim against town not time-barred by Tort Immunity ActOctober 2011Illinois Law Update, Page 496On July 22, 2011, the 4th District Appellate Court reversed the lower court's decision granting the Town of Normal's motion to dismiss plaintiff Mary Collins' retaliatory-discharge claim. Since Collins' claim was brought under the Workers' Compensation Act, there is an exception to the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act), and her claim is not time-barred by the one-year statute of limitations in section 8-101(a).
Changes in Equal Pay in Employment regulationsMarch 2011Illinois Law Update, Page 124The Illinois Department of Labor recently amended the rules governing complaints under the Equal Pay in Employment regulations. 56 Ill Adm Code 320.
Strict Liability for Sexual Harassment by SupervisorsBy Cynthia Hyndman, Robert Margolis, and Aleeza StrubelSeptember 2009Article, Page 454The Illinois Supreme Court's Sangamon County Sheriff's Department decision subjects employers to strict liability for sexual harassment by their supervisors. So, who is a supervisor?