Publications

Section Newsletter Articles on Employment Law

Hitchcock v. Angel Corps, Inc.—Pretext case By Cassie Korando and Shari R. Rhode Labor and Employment Law, July 2013 The Court held that based on Hitchcock’s evidence, a reasonable juror could determine that the reasons given for her termination was pre-textual.
Employee’s misconduct results in both termination and loss of nearly $2M contingent payment By Michael R. Lied Labor and Employment Law, June 2013 This case is interesting because it is one of the rare state court cases that determines what actions by an employee may be “cause” for termination, relying on the Illinois Unemployment Insurance Act.
Employee’s quit not attributable to employer; No unemployment benefits By Michael R. Lied Labor and Employment Law, June 2013 The issue on appeal was whether the Board’s decision finding that the plaintiff voluntarily left her employment without good cause was clearly erroneous.
Employer may lawfully change schedule to limit overtime By Michael R. Lied Labor and Employment Law, June 2013 The issue on appeal in this case was whether the FLSA limits an employer’s freedom to change an existing workweek designation.
Illinois recognizes privacy rights in case involving investigation of former employee By Michael R. Lied Labor and Employment Law, June 2013 A look at the case of Lawlor v. North American Corporation of Illinois.
Changes in the IRS Independent Contractor Classification Program By Lisa B. Petkun Labor and Employment Law, May 2013 The modified voluntary classification settlement program allows employers to voluntarily reclassify workers who were treated as independent contractors prospectively in exchange for immunity for the past.
Employee lacks ADA claim because of absenteeism By Michael R. Lied Labor and Employment Law, May 2013 Because there was no evidence permitting a conclusion that the plaintiff was a qualified individual for ADA purposes, the district court correctly entered summary judgment for the defendant on her ADA claim.
Rarely-performed task can still be essential By Michael R. Lied Labor and Employment Law, May 2013 A summary of the recent case of Knutson v. Schwan’s Home Service, Inc.
Illinois Human Rights Commission decision summaries By Laura D. Mruk Labor and Employment Law, March 2013 Recent cases of interest to labor & employment law practitioners.
Illinois Human Rights Commission decision summaries By Laura D. Mruk Human Rights, March 2013 Recent cases of interest to human rights law practitioners.
Social media and employer liability under the NLRA By Michael K. Chropowicz Labor and Employment Law, March 2013 Over the past year, the National Labor Relations Board has provided some degree of guidance on application of the National Labor Relations Act to employer social media policies. This brief article illustrates the Board’s position, giving management and their counsel notice of the types of policies that will be found unlawful.
Eliminating rotating shift not required to reasonably accommodate disabled employee By Michael R. Lied Labor and Employment Law, October 2012 A look at Kallail v. Alliant Energy Corporate Services, Inc.
I-9 Compliance: Information for employers By Scott D. Pollock International and Immigration Law, September 2012 Common questions and answers for employers dealing with Form I-9.
What consequences does an employer face when there is a refusal to authorize treatment? A petitioner’s perspective By Richard D. Hannigan Workers' Compensation Law, July 2012 A summary of the recent case of Hollywood Casino – Aurora v. Illinois Workers’ Compensation Commission.
Plaintiff fails to provide admissible evidence to avoid summary judgment By Michael R. Lied Labor and Employment Law, June 2012 A summary of the Luster v. Illinois Dept. of Corrections case.
Plaintiff’s challenge to employer’s light duty policy fails By Michael R. Lied Labor and Employment Law, June 2012 Serednyj v. Beverly Healthcare, LLC, 656 F.3d 540 (7th Cir. 2011), involved claims of gender discrimination under Title VII, The Pregnancy Discrimination Act, (“PDA”), disability discrimination under the Americans with Disabilities Act (“ADA”), and retaliation.
Accusing employee of “Playing the race card” keeps his case alive By Michael R. Lied Labor and Employment Law, March 2012 Employee's history of complaints and Plant Manager's “race card” statements were deemed enough to allow employee to survive summary judgment on his retaliation claim. The court of appeals reversed the grant of summary judgment and remanded for further proceedings in Burnell v. Gates Rubber Co.
Drafting enforceable restrictions on recruiting employees By Arthur Sternberg Labor and Employment Law, March 2012 To be enforceable, contractual restrictions on soliciting or hiring an employer’s personnel should avoid a blanket prohibition on recruiting or hiring all employees. This applies not only to employment-related agreements, but also to business-to-business agreements, such as confidentiality and service agreements. This article examines what is an overbroad recruitment restriction under Illinois law and how to narrow them.
Human resources director allegedly makes admissions of discrimination and retaliation By Michael R. Lied Labor and Employment Law, March 2012 A summary of the recent case of Makowski v. SmithAmundsen LLC.
Illinois Employee Credit Privacy Act By Michael D. Gifford Labor and Employment Law, March 2012 Prior to the Act, which went into effect on January 1, 2011, it was increasingly common for employers to obtain credit reports on prospective employees on the theory that negative credit ratings could predict work place problems.
The danger of Internet checks as part of a company’s hiring process By Peter LaSorsa Labor and Employment Law, February 2012 The latest endeavor by companies is to check Web sites like Facebook and Twitter to see what new information they can learn about prospective employees. Is this a good idea? Are there potential land mines that the company could step on?
U.S. Supreme Court recognizes “ministerial exception” in employment cases involving religious entities By Laura D. Mruk Labor and Employment Law, February 2012 Although the impact of the Supreme Court’s decision has yet to be seen, despite many religious organizations touting the decision as a victory, it is not likely to greatly influence employment law or First Amendment law.
Public employees and free speech By Matthew Feda Government Lawyers, January 2012 An overview of the history and current trends in the law regarding public employee free speech, as well as practical advice for bringing a claim.
Avoiding “blanket prohibitions” on competition in employment agreements By Arthur Sternberg Labor and Employment Law, December 2011 A contractual restriction on competition by a former employee must avoid a “blanket prohibition” on competition to be enforceable. This article examines Illinois law on what is a blanket prohibition and how to avoid it.
How similar is similar? By Michael R. Lied Labor and Employment Law, December 2011 In Eaton v. Indiana Dep’t Corrections, the Seventh Circuit found that similarly situated employees must be directly comparable to the plaintiff in all material respects, including rule or policy violations.
Public employees and free speech By Matthew Feda Labor and Employment Law, December 2011 An overview of the history and current trends in the law regarding public employee free speech, as well as practical advice for bringing a claim.
New W-2 reporting requirements: What employers need to know By Derek A. Schryer Employee Benefits, November 2011 All employers that provide applicable employer-sponsored coverage during a calendar year are subject to the reporting requirement set forth in Code Section 6051(a)(14).
Case dismissed when plaintiff fails to sign settlement agreement By Michael R. Lied Labor and Employment Law, October 2011 In this case, the parties intended to enter into a settlement agreement and did so at the conclusion of an April 25, 2009 conference. In fact, the plaintiff affirmed her understanding of the settlement terms and indicated her acceptance of those terms on the record.
Court rejects employee’s discrimination and retaliation claims By Michael R. Lied Labor and Employment Law, October 2011 The court of appeals wrote that no reasonable jury could find that the delivery of a verbal warning, based on a complaint from a coworker, constituted an adverse employment action or created an objectively hostile work environment.
Plaintiff’s case for overtime pay founders on the “administrative exemption” By Michael R. Lied Labor and Employment Law, October 2011 In this case, the plaintiff’s primary duty was directly related to the general business operations of both MediaBank and its customers, and the “administrative” exemption applied, defeating her claim for overtime pay.