Publications

Section Newsletter Articles on Employment Law

Employer loses insurance coverage for failure to timely report a claim of discrimination By Michael R. Lied Labor and Employment Law, September 2008 The lesson here? Read your policy requirements. Arrowood Indemnity Co. refused to defend Westrec Marine Management Co., because Westrec failed to timely report a claim of discrimination.
Employer’s confidentiality policy violates labor law By Michael R. Lied Labor and Employment Law, September 2008 The NLRB alleged that Northeastern Land Services, Ltd. violated Section 8(a)(1) of the National Labor Relations Act by maintaining, in its employment contracts, an overbroad confidentiality provision, and by terminating employee Dupuy for breaching that policy.
Memorizing secret information may violate Trade Secrets Act By Michael R. Lied Labor and Employment Law, September 2008 Al Minor & Associates, Inc., (“AMA”) is an actuarial firm that designs and administers retirement plans and that employs pension analysts who work with approximately 500 clients.
Nondisclosure agreements: A discussion with useful examples By Eugene F. Friedman, J.D.,Ph.D. Business Advice and Financial Planning, September 2008 Nondisclosure agreements find use in a wide variety of situations including employment, business sales, joint ventures, and other cooperative efforts.
Plaintiff’s prior lawsuits and mental health treatment may be admissible evidence By Michael R. Lied Labor and Employment Law, September 2008 In September 2003, Davis began employment with Lincare as a full-time healthcare specialist. Lincare’s area manager, Kline, promoted her to center manager in June 2004.
Recent case involving the non-enforcement of non-solicitation agreements By Peter LaSorsa Corporate Law Departments, September 2008 Last spring, the Third Circuit Appellate Court in Illinois upheld a Will County Judge’s decision and held an employment agreement, which restricted the ability of the employee to solicit customers of the employer post-employment, was not enforceable due to a lack of adequate consideration notwithstanding that it was signed at the time the employee was hired by the employer.
Recent Supreme Court and Ninth Circuit decisions: Employment and labor decisions By Gary R. Clark Corporate Law Departments, July 2008 On June 19, 2008, the Supreme Court and the Ninth Circuit issued four decisions resolving key questions in labor and employment law which are summarized below.
Are employment contracts a matter of record and available under FOIA? By Marc Christopher Loro Administrative Law, June 2008 This article examines the applicable FOIA provisions, and the appellate court’s reasoning and holding that the contracts must be disclosed.
EEOC issues guidance on employment testing By Michael R. Lied Labor and Employment Law, June 2008 The Equal Employment Opportunity Commission (EEOC) recently released a fact sheet that provides employers guidance on employment related testing and selection methods.
He said, she said: Handling uncorroborated allegations of sexual harassment By Richard A. Russo Labor and Employment Law, June 2008 While most of the general principles and steps for conducting an effective sexual harassment investigation apply to investigations involving uncorroborated allegations, there are a few additional issues that an employer should consider.
Immigration-related raids: Employer rights and lawful responses By Kristin Lopez Law Office Management and Economics, Standing Committee on, June 2008 The key to minimizing civil penalties and criminal prosecution in connection with immigration raids is knowing how to respond and knowing what rights an employer has. This information is intended to give general guidelines about employer rights when faced with an unannounced immigration raid and is not a substitute for legal advice.
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.