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Employment Law

Long-past lost training can’t make a lawsuit—for now

02/12/2009

Employees who long ago were denied training opportunities because of their race can’t wait decades to sue their employers for later lost promotion opportunities, the 7th Circuit Court of Appeals had ruled.

Harassing dentist strikes nerve among employees

02/12/2009

A Chicago dentist has agreed to pay $462,500 to settle a harassment and retaliation complaint filed by 18 employees. The complaint alleges employees were subjected to sexual harassment and required to join the Church of Scientology as a condition of employment.

Factory sit-in workers file unfair labor practices charges

02/12/2009

The employees who took over Republic Windows and Doors, an Illinois window manufacturing plant, last year after the owner announced he would shut it down have filed an unfair labor practices charge against their former employer and the owner.

Springfield cop’s reverse discrimination claim fails

02/12/2009

A white Springfield police officer failed to convince the 7th Circuit Court of Appeals that Springfield’s system for promoting officers discriminated against him.

7th Circuit won’t quash EEOC subpoena in settled case

02/12/2009

The Chicago-based 7th Circuit Court of Appeals has ruled that the EEOC can enforce a subpoena in a case where the complainant has withdrawn the complaint as part of a settlement.

Stop lawsuits by checking bankruptcy filings

02/12/2009

Laid off or fired employees often have to resort to bankruptcy when their economic situations tank. What they often forget, however, is that they must list in that bankruptcy filing any pending litigation that could net them cash. If they don’t, and their debts are discharged, they can be barred from suing you.

Give benefit of doubt to panicked workers who take sudden FMLA leave

02/12/2009

The FMLA grants eligible employees the right to take time off to deal with their own or a covered relative’s serious health condition. What has been unclear until now is what happens when an employee rushes to the emergency room believing a true medical emergency exists, only to find out that the condition was less serious than originally believed.

How to turn the tables on lawsuit-happy employees

02/12/2009

There’s a silver lining to the rising number of employment lawsuits: Courts are losing patience with applicants, employees and former employees who file discrimination lawsuits that have no basis in reality. Recently, the 6th Circuit Court of Appeals approved sanctions against such employees and their attorneys.

Audit pay averages for women and men to learn if you’re at risk for pay-bias suit

02/12/2009

Pay disparities between men and women are in the news. Here’s how to find out whether you’re in danger of being sued: Take all your employees working in the same classification, divide them into male and female groups and then determine each sex’s average salary.

Don’t change job duties on return from FMLA leave

02/12/2009

Employees who take FMLA leave are entitled to return to their former jobs, or at least equivalent ones in terms of pay, responsibilities and the like. Ignoring that requirement and making job changes is the quickest way to an FMLA lawsuit.