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Illinois

Never base RIF decision on FMLA leave status

11/16/2011

Employees who take FMLA leave don’t enjoy greater protection than anyone else when it comes to reductions in force. If a position would have been eliminated regardless of whether the employee took FMLA leave, then the termination doesn’t violate the law. On the other hand, it’s dangerous to change who is scheduled to be laid off after learning that an em­­ployee plans to take FMLA leave.

Aggressive defense makes short work of litigation

10/31/2011
Never ignore an employee lawsuit, even if you think it is frivolous. In­­stead, prepare to defend yourself as soon as possible. That way, you can push for a quick dismissal if it’s clear the employee has no case.

Faced with allegations boss is biased, investigate ASAP and fire if necessary

10/31/2011
Sometimes an employee who complains that his supervisor is biased is absolutely right. If it turns out that a worker’s accusation of discrimination is true, don’t hesitate to fire the supervisor and move on.

What’s the background on the NLRB’s rule requiring a new union-rights poster?

10/18/2011
Q. What is the new National Labor Relations Board (NLRB) rule regarding notifying employees of their rights under the National Labor Relations Act?

7th Circuit favors employer on pregnancy complications & ADA

10/18/2011
Are pregnant employees who develop complications disabled and entitled to reasonable accommodations under the ADA? A federal appeals court considered the question for the first time in Serednyj v. Beverly Healthcare LLC.

EEOC says Texas Roadhouse won’t hire well-aged workers

10/18/2011
The EEOC has filed suit against the Texas Roadhouse, claiming the na­­tional restaurant chain discriminates against older workers by denying them “front of the house” hourly po­­si­­tions, steering them instead into kitchen jobs or refusing to hire them.

You can discuss worker’s performance during FMLA leave

10/18/2011
Generally, employers shouldn’t ask employees on FMLA leave to perform any work or deal with work-related problems. But that doesn’t mean there aren’t times you may need to speak with the employee.

Be alert for retaliation suit if manager reports that a colleague discriminates or harasses

10/18/2011

It’s protected activity if a manager reports to HR that another manager has been treating subordinates who belong to a protected class more harshly than other subordinates. Punishing the reporting manager for doing so could be retaliation.

Workers required to attend ‘voluntary’ training? Be prepared to pay nonexempt employees

10/18/2011

Do you require or strongly rec­ommend that employees attend training sessions outside their regularly scheduled shifts? If training participants are hourly employees, chances are you will have to pay them for their time. Simply calling the training voluntary isn’t good enough …

Chicago bank branch fires low-vision worker after a day

10/18/2011
The EEOC is suing Bank of America, alleging it violated the ADA by firing a visually impaired worker after one day on the job at one of its Chicago locations.