Publications

Section Newsletter Articles on Employment Law

It is clear error for a school board to rely on an employee’s expunged record as a basis for discharge from employment By Andrew Creighton Administrative Law, June 2008 In Russell v. Board of Education of Chicago, the appellate court explained that when an administrative agency controls the manner of service of the final decision, the burden is on the agency to establish that the petition for review was filed more than 35 days after the final decision. 
The no match letter—What employers need to know By Kevin Raica and Brent Wikgren Law Office Management and Economics, Standing Committee on, June 2008 This article guides employers through the no-match process by explaining the role of the SSA in issuing the no-match letter, the reasons for issuance of a no-match letter, and the timing and required response from employers under the current and proposed rules.
Tort Immunity Act is no protection against claim of retaliatory discharge for pursuing workers’ compensation claim By Karen D. Fox Labor and Employment Law, June 2008 On April 17, 2008, in Smith v. Waukegan Park District, 2008 WL 1746664, the Illinois Supreme Court held that the Tort Immunity Act did not protect a public entity against a claim by an employee of retaliatory discharge for pursuing his workers’ compensation benefits.
Navigating an unemployment claim By Melissa Schroeder and Lisa Collins Law Office Management and Economics, Standing Committee on, May 2008 The purpose of this article is to provide the general practitioner with a primer on procedures pertaining to the Illinois Department of Employment Security, unemployment hearings and the issues that surround them when terminating an employee.
Navigating the Employment Eligibility Verification Process (Form I-9) By Kevin Raica Law Office Management and Economics, Standing Committee on, May 2008 This article clarifies the I-9 process and provides you with a step-by-step guide to I-9 completion.
Recent statutory developments in Illinois labor & employment law By Richard L. Samson and Matthew Levine Law Office Management and Economics, Standing Committee on, April 2008 This article discusses the amendment to the amendment to Illinois’ Right to Privacy in the Workplace Act, as well as most Illinois laws passed over the last several years affecting the employee-employer dynamic.
The ice person cometh By John F. Fatino International and Immigration Law, March 2008 Increasingly, corporate counsel and other employment practitioners have become concerned about the enforcement activities of both the federal and state governments concerning the hiring of undocumented workers.
Proposed FMLA revisions are a “mixed bag” and provide employers almost no guidance regarding new Family Military Leave By Ellen M. Girard Corporate Law Departments, March 2008 On February 11, 2008, the Department of Labor (“DOL”) issued proposed revisions to the federal FMLA regulations and identified issues for comment under the new FMLA categories concerning family military leave.
Employers beware: Illinois gives employees ticket to take discrimination claims to state court By Ellen M. Girard Corporate Law Departments, February 2008 Major amendments to the Illinois Human Rights Act (“Act”) will give complainants the choice of taking their Illinois Department of Human Rights (“IDHR”) charges on to Illinois circuit courts – regardless of the outcome at the IDHR. Previously, complainants could only proceed before the Illinois Human Rights Commission (the “Commission”) – but only in cases where the IDHR found substantial evidence or did not timely complete its investigation.
Employer’s challenge to unemployment benefits may be evidence of unlawful retaliation By Michael R. Lied Labor and Employment Law, February 2008 In Burlington Northern & Santa Fe R.R. Co. v. White, ___ U.S. ___, 126 S. Ct. 2405 (2006), the Supreme Court held that an employee subjected to employer conduct, whether inside or outside the workplace, that might dissuade an objectively reasonable worker from making or supporting a charge of discrimination, suffers a sufficiently adverse action to state a retaliation claim under Title VII.
Illinois Appellate Court declines to broaden employee rights or to narrow the Employment-At-Will Doctrine By Paul E. Freehling Labor and Employment Law, February 2008 Imaginative counsel for employees regularly try to persuade Illinois courts to adopt new rationales for restricting the employment-at-will doctrine.
Improving HR service quality By Stanley J. Dale, MA, JD Labor and Employment Law, February 2008 In case you didn’t get it from the title, HR Excellence is written for the Human Resource professional who wants to discern processes to improve and increase the value of HR services in organizations.
Intellectual property fundamentals for corporate employees By Peter S. Trotter Corporate Law Departments, February 2008 Intellectual property law is the law which governs and protects things that we create with our minds.
Private investigator’s actions lead to invasion of privacy claim By Michael R. Lied Labor and Employment Law, February 2008 Private investigators can be a helpful tool for business. However, it is important to assure that the investigation does not cross over the line to create an invasion of privacy.
Supreme Court decision a win for custodial parents and a warning to employers By Christina M. Webb Young Lawyers Division, February 2008 On November 29, 2007, the Illinois Supreme Court held that a $1,172,100 penalty pursuant to Section 35(a) of the Income Withholding for Support Act was constitutional as applied to an Illinois employer who failed to forward income withheld for child support in a timely manner.
401(k) Retirement fees—Are these fees being fully and properly disclosed to employers? By Jeffrey B. Feld and Theresa Piotrowski Corporate Law Departments, January 2008 The retirement plan market place has been abuzz with discussions regarding fees.
The ice person cometh By John F. Fatino Corporate Law Departments, January 2008 Increasingly, corporate counsel and other employment practitioners have become concerned about the enforcement activities of both the federal and state governments concerning the hiring of undocumented workers.
Negotiating separation agreements By Michael R. Lied Business and Securities Law, January 2008 Employers frequently seek to avoid or resolve litigation related to terminating an employee by having the other party sign a release or waiver.
Contacting an opponent’s employee and former employees By Mark Rouleau Civil Practice and Procedure, December 2007 This article addresses the scope of the attorney-client privilege with respect to counsel’s contact with employees of an opposing party.
Putting employers between a rock and a hard place with respect to verifying employment eligibility By Cindy G. Buys International and Immigration Law, December 2007 Earlier this year, the Illinois legislature passed and Governor Blagojevich signed into law H.B. 1744, which puts employers in an even more difficult position with respect to verifying their employees’ eligibility to work. H.B. 1744 amends the Illinois Right to Privacy in the Workplace Act to prohibit employers “from enrolling in any Employment Eligibility Verification System, including the Basic Pilot Program, 8 U.S.C. 1324a, . . . until the Social Security Administration (SSA) and the Department of Homeland Security (DHS) databases are able to make a determination on 99 percent of the tentative nonconfirmation notices issued to employers within three days, unless otherwise required by federal law.”
Anti-Pretexting Statute By Michael R. Lied Labor and Employment Law, November 2007 Hewlett-Packard’s Chairman, Patricia Dunn, was allegedly upset about leaks to the media about the company’s long term strategic plans. Hewlett-Packard retained an outside firm to gain access to its directors’ phone records, believing that one or more directors were the source of the leak.
Does a manager have to express happiness that a subordinate is pregnant? By Michael R. Lied Labor and Employment Law, August 2007 Probably not. However, failure to do so was one issue considered significant in a pregnancy discrimination case. Asmo v. Keane, Inc., 471 F.3d 588 (6th Cir. 2006).
EEOC issues guidance on workers with caregiving responsibilities By Michael R. Lied Labor and Employment Law, August 2007 In May 2007, the Equal Employment Opportunity Commission issued guidance on workers with caregiving responsibilities.
Accommodating the religious needs of employees By Mel Muskovitz Business Advice and Financial Planning, June 2007 Over the past several years, the Equal Employment Opportunity Commission has received an increase in the number of charges alleging religious discrimination.
The complex world of calculating overtime By Jim McGrath Corporate Law Departments, June 2007 In January of this year, the Wage and Hour Division of the U.S. Dept. of Labor announced a settlement with a private employer that is the largest settlement in their history.
Failure to insure contraceptives was not sex discrimination By Michael R. Lied Labor and Employment Law, June 2007 Union Pacific Railroad provided health care benefits to its employees who were covered by collective bargaining agreements. While the health plans provided benefits for services such as routine physical exams, they excluded coverage for a number of things.
Mass flu outbreak: Employment implications By Michael R. Lied Labor and Employment Law, June 2007 Not “if” but “when.” According to the Director of the Centers for Disease Control (“CDC”), a pandemic, likely an influenza break- out, is inevitable. Some CDC recommendations have employment law implications. For example, if employees become ill, an obvious issue may be the need to satisfy Family and Medical Leave Act obligations.
Rights of veterans and duties of employers under federal and Illinois law By Joshua M. Grenard Corporate Law Departments, June 2007 As the Global War on Terror continues in both Iraq and Afghanistan, civilian-soldiers of the Reserve and National Guard are being deployed on a historic scale with the effects being felt not only by the soldiers themselves, but also family members and employers.
Sexual orientation discrimination in the workplace By James E. Snyder and Hon. Reva S. Bauch Labor and Employment Law, June 2007 Imagine being called into your employer’s boardroom and being told: “You’re a great employee, but you’re gay, so...you’re fired!” Federal law does not prohibit this kind of conduct by the employer. And in 33 states it is not an unlawful employment practice.
Supreme Court finds patient privacy violation outside scope of employment By Hon. Kimberly L. Dahlen Civil Practice and Procedure, June 2007 The issue in Bagent v. Blessing Care Corp., was whether Illini Community Hospital could be held vicariously liable under a theory of respondeat superior for a phlebotomist’s disclosure of a patient’s confidential medical information to a third party at a tavern while off duty.