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Employment Law

Worker loses lawsuit? Track new opportunities

05/18/2012
Many an employee has filed a lawsuit, lost … and found herself still working for the company she sued. Little wonder that she might sense retaliation in every subsequent action that hurts her career. Prepare for that possibility by making it a point to document how her supervisors treat her after her case runs its course.

EEOC publishes state-by-state tally of discrimination charges

05/18/2012
If you’re wondering how the number (and type) of employee discrimination charges in your state compares to the rest of the country, you can now analyze those statistics for the first time in a new database made public this week by the EEOC.

How long must we give to review severance package?

05/17/2012

Q. How much time must our company allow an employee to review a severance package before accepting or rejecting the release agreement?

What do Illinois employers need to know about Indiana’s new right-to-work law?

05/16/2012

Q. We’ve heard in the news about the recently enacted Indiana right-to-work law. Could it have an effect on Illinois employers?

Dust explosion leads to injuries, OSHA sanctions

05/16/2012
OSHA has cited Steeleville-based Gilster-Mary Lee Corp. for safety violations after a dust ex­­plosion severely burned two employees.

7th Circuit: Under ADA, disabled don’t automatically get vacant job

05/16/2012
Back in 2000, the 7th Circuit held that employers are not required to reassign disabled employees to a vacant position for which they are qualified. Although the EEOC recently challenged this position in EEOC v. United Airlines, Inc., the 7th Circuit held its ground, reaffirming its previous decision.

EEOC wins right to talk to former managers

05/16/2012
A court has ruled that the EEOC may speak with former employees without the em­­ployer’s representative present. That gives employers less control over statements by former employees who were privy to company decisions.

Employer conceals facts? Workers have more time to sue

05/16/2012
Employees typically have just 300 days from the date an alleged discrimination occurred to file an EEOC ADA-related complaint. But the calendar grows longer if the employer conceals important facts.

You can discharge during FMLA leave–under the right circumstances

05/16/2012
An employer that can show it would have terminated an employee for lack of work or another business reason can do so during FMLA leave. However, it must be able to offer clear, documented proof showing the move wasn’t related to the leave.

The innocent question that could land you in court: When did you graduate?

05/16/2012

Do you ask applicants when they graduated from high school or college or otherwise finished their education? That seemingly innocuous question could trigger an age discrimination lawsuit if an applicant’s graduation year makes it clear he’s 40 or older and you wound up hiring someone younger.