Illinois Bar Journal


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Articles on Employment Law

Employee Stock Forfeiture Provisions : A Different Breed of Restrictive Covenant By James V. Garvey and Frederic T. Knape July 2006 Article, Page 376 The authors argue that forfeiture provisions should not be subjected to  traditional restrictive covenant analysis.
Employers’ liability for employees’ loose tongues By Helen W. Gunnarsson July 2006 LawPulse, Page 338 The Illinois Supreme Court will review an appellate court's ruling that a hospital employee has a "continuing off-shift duty" to keep confidential information about patients confidential. 
Illinois skills match program posts job vacancies online : PA 094-0786 July 2006 Illinois Law Update, Page 334 In order to make securing employment easier for its citizens, the Department of Employment Security Law of the Civil Administrative Code of Illinois has added the Illinois Skills Match Program under section 1005-47 of 20 ILCS 1005.
The Impact of an Employer’s Bankruptcy on Employees By Travis J. Ketterman June 2006 Article, Page 304 This article looks at how workers can protect their rights when their employer enters bankruptcy.
Mandatory arbitration agreements are binding on employees June 2006 Illinois Law Update, Page 284 On March 23, 2006, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, Fifth District, which held that mandatory arbitration agreements between employers and employees are only valid if entered into "knowingly and voluntarily" by the employee.
Separate but equal grooming standards okayed By Helen W. Gunnarsson June 2006 LawPulse, Page 278 Requiring female but not male bartenders to wear makeup does not violate Title VII, the ninth circuit rules. 
What’s crude talk among Friends? By Helen W. Gunnarsson June 2006 LawPulse, Page 278 Sexually charged talk in the workplace doesn't always equal sexual harassment, the California Supreme Court says. 
Handling Employees’ Requests for Personal Attorneys During Internal Investigations By Paul E. Starkman May 2006 Article, Page 250 Most employers resist employees' efforts to "lawyer up" in response to a company investigation. Maybe they shouldn't.
How Illinois’ New Gay Rights Law Affects Employers and Workers By Bryan P. Cavanaugh April 2006 Article, Page 182 "Sexual orientation" is now a protected status in the Illinois workplace. Here's what that means for your clients.
Must employers try to stop employees’ “unauthorized activity”? By Helen W. Gunnarsson April 2006 LawPulse, Page 166 Yes, a New Jersey court says, at least if the activity is accessing child porn on company computers and the employer is on notice about it. 
State agencies must post rules regarding ADA grievance procedures April 2006 Illinois Law Update, Page 174 The Illinois Department of Public Health (Department) has added new sections to Part 1700 of Title 4, 4 Ill Adm Code 1700. 
Can Employers Prevent Former Workers from Hiring Current Employees? By David F. Rolewick January 2006 Article, Page 34 For years, most Illinois courts have held that an employer can't stop departed employees from recruiting the employer's current workers. But that might be changing.
Corporate officers not personally liable for employee vacation, severance pay By Helen W. Gunnarsson December 2005 LawPulse, Page 614 The Illinois Supreme Court ruled that officers and directors aren't liable under the Illinois Wage Payment and Collection Act for employees' unpaid vacation time and severance pay.
Tax Issues in Employment Discrimination Settlements By Ralph A. Morris and Heather R.M. Becker December 2005 Article, Page 638 Every lawyer who negotiates an employment discrimination settlement should understand the implications of these tax issues.
TaxNet: Online tax filing for employers By Helen W. Gunnarsson November 2005 LawPulse, Page 558 Now Illinois employers can pay state taxes and file documents online.
Wages and sin By Helen W. Gunnarsson June 2005 LawPulse, Page 274 Can an employee who considers homosexuality a sin openly oppose his employer's workplace diversity effort? What are the limits of religious practice and expression in the workplace?
Allowing Disparate Impact Claims Under the ADEA By Lori D. Ecker and Joseph M. Gagliardo April 2005 Article, Page 198 Will the U.S. Supreme Court allow older employees to prove age discrimination based on employers' facially neutral practices?
Subcontractors beware By Helen W. Gunnarsson March 2005 LawPulse, Page 110 Many businesses struggle with how to classify the people who work for them – are they employees or independent contractors? This case won't make it easier.
Raising an Affirmative Defense to Constructive-Discharge in Hostile-Work-Environment Cases By Athena Papachronis Herman February 2005 Article, Page 84 The Supreme Court recently established when an employer can assert an affirmative defense to a claim of supervisor–created hostile work environment that leads to constructive discharge.
Volunteer firefighters shielded from wrongful termination of employment and offered civil relief for employer violations PA 093-1027 January 2005 Illinois Law Update, Page 14 The Volunteer Firefighter Job Protection Act, which applies to municipalities with populations of 3,500 or less, stipulates when volunteer firefighters may not be discharged from their employment, as well as the appropriateness of civil actions in response to wrongful termination. 
When Johnny and Jenny come marching home By Helen W. Gunnarsson January 2005 LawPulse, Page 8 Their jobs had better be awaitin' and the accompanying job rights preserved, or their employers may be guilty of violating federal law.
When Are Supervisors Personally Liable for Employment Law Violations? By Jane M. McFetridge and Grace Hwang Lee December 2004 Article, Page 628 Can employees recover from a misbehaving supervisor in addition to the company? Sometimes yes, sometimes no.
Illinois’ new WARN law By Helen W. Gunnarsson November 2004 LawPulse, Page 562 There's already a federal law requiring employers to notify workers about layoffs and closing; effective January 1, there'll be a state law to go with it.
Helping Employers Respond to Social Security Number “No-Match” Letters By Alisa B. Arnoff August 2004 Article, Page 429 Here's how lawyers can help employer clients protect themselves from actions by the feds and employees.
All civil rights claims, whether based on federal or state law, shall be prosecuted in an administrative forum, as required by the Illinois Human Rights Act July 2004 Illinois Law Update, Page 340 On April 12, 2004, the Fifth District Appellate Court held that the Circuit Court of St. Clair County did not have subject matter jurisdiction over an employee's Age Discrimination in Employment Act (ADEA) claim.
Background Checks Required for Euthanasia Technicians P.A. 093-0626 May 2004 Illinois Law Update, Page 242 Effective immediately, each applicant for certification as a euthanasia technician must have his or her fingerprints submitted to the Department of State Police in an electronic format that complies with the form.
Undocumented Workers’ Remedies for Employment-Law Violations in Illinois By Michael K. Fridkin May 2004 Article, Page 256 Despite a Supreme Court decision restricting their remedies under the NLRA, undocumented workers can still get relief under other employment laws, this author opines.
VESSA: unpaid leave for domestic violence victims By Helen W. Gunnarsson March 2004 LawPulse, Page 118 Find out about this newly effective law that, like the Family and Medical Leave Act, grants unpaid leave to covered workers.
Constructive discharge can lead to strict Title VII liability for employers By Helen W. Gunnarsson February 2004 LawPulse, Page 62 The seventh circuit ruled recently that constructive discharge can be a "tangible employment action" in a Title VII suit, in which case employers may not invoke affirmative defenses. And the employer in this case was an Illinois circuit court.
Illinois OKs speaking in (native) tongues in the workplace By Helen W. Gunnarsson January 2004 LawPulse, Page 10 Habla Espanol in the workplace? You can now with impunity, as long as it's your native language and you're talking about non-work-related matters.