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Employment Law

State wrongful discharge suit fails without actual firing

05/17/2010

Under many federal employment laws, employees don’t have to be fired to sue for wrongful termination. Instead, they can claim constructive discharge, alleging they had no choice but to quit. But that argument won’t fly for employees who try to sue their Illinois employers for common-law wrongful termination.

Dismissed criminal charge doesn’t require reinstatement

05/17/2010

When an employee is charged with a criminal offense that reflects on his ability to perform his job, many employers suspend or even fire the employee. If he’s acquitted, must he get his job back? Not necessarily.

When reasonable accommodation is time off, it’s OK to count it as FMLA leave

05/17/2010
Employees whose disabilities require reasonable accommodations in the form of breaks or a modified schedule don’t get to save their FMLA leave for later use. Employers are free to subtract the time off from any FMLA hours available.

Don’t believe it: Employee facing discipline can’t quit and then claim constructive discharge

05/17/2010

Some employees quit and then argue that they had no choice but to do so. This is known as “constructive discharge.” Such a claim can succeed in court if the employee can show that working conditions became so intolerable that quitting was the only reasonable response. But an employee can’t quit and claim constructive discharge just because he’s facing potential disciplinary action.

You don’t have to create employee’s ‘perfect’ job when accommodating disability

05/17/2010

Some disabled employees go to great lengths to hide their conditions—perhaps out of pride or fear that they’ll be discriminated against. They may look long and hard for a perfect job that allows them to work without any sort of accommodation. But what happens if the disabled employee who has, in effect, managed to secretly “self-accommodate” is moved to another position? Can she request that she move back to her old, perfect position?

Illinois union jobs jump despite poor economy

05/17/2010
According to the latest numbers from the Bureau of Labor Statistics, Illinois gained 12,000 union jobs last year, and the rate of union membership jumped almost a full percentage point, from 16.6% in 2008 to 17.5% in 2009. Illinois is bucking the nation’s broader union job loss trend. Nationwide, union jobs took a proportionately bigger hit during the economic downturn than nonunion jobs did.

Offhand remarks don’t prove age discrimination

05/17/2010

Employees can’t win age discrimination lawsuits based solely on an offhand remark referring to an employee’s age. That’s because, unlike many other forms of employment discrimination, age discrimination cases require employees to prove that age was the reason for termination or some other negative employment action. Unless there’s more evidence, a mere comment isn’t enough.

FMLA notice: Rely on what you know–not policy

05/17/2010

A good sick leave policy includes rules governing how employees are supposed to let their employers know that they’re ill. Employees generally have to follow those rules or face discipline. But there are circumstances under which employees may be excused from following the rules. One of those exceptions: when the employer has direct notice that the employee is ill and may need FMLA leave.

Disciplinary mistake? Set it right–pronto!

05/17/2010

We all make mistakes, especially when acting in haste. Unfortunately, a mistake in the employment law world can mean an expensive lawsuit. But courts are inclined to forgive employers that genuinely try to make things right. That’s why employers should fix errors and make sure they remove any potential negative effects of disciplinary actions.

To pay or not to pay interns? The DOL is cracking down

05/17/2010
Two factors have fueled a sharp rise in unpaid internships: Employers’ continuing need to hold down costs and the drop in the number of paying jobs for young people. But before you get too excited about using that free labor source, take note: The DOL and many state labor departments say they are stepping up enforcement and fines against employers that illegally don’t pay their interns.