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Illinois

Firing after FMLA leave: How soon is ‘too soon’ to trigger retaliation?

03/18/2021

When it comes to the FMLA, courts will always pull out their calendars to see how closely the employee’s protected activity (requesting or taking FMLA leave) coincides with the adverse action handed down by the employer (discipline, termination, etc.). The smaller the time, the bigger your risk of losing an FMLA-retaliation lawsuit.

You may have to pay reservists for training time

03/04/2021

A federal court has ruled for the first time that employers must pay military reservists for the time they spend on training duty if the employer offers paid time off for other purposes.

Multiple businesses? Keep corporate records straight

11/05/2020

Employees who sue for discrimination under Title VII must show that the employer has at least 15 employees. But what about businesses with common ownership that are separate corporate entities?

Document performance problems to justify RIF list

09/24/2020

Use objective criteria when deciding who will keep or lose their job during a reduction in force. Then be sure to document your specific, business-related reasons for handing out pink slips. That will help you prevail in court if an employee sues, alleging a RIF was based on discrimination.

Warn bosses: Harassment can bring personal liability

08/06/2020

Remind all supervisors that discriminating against employees or harassing them doesn’t just create liability for the company. It could become a big legal problem for them personally. Several federal laws and many more state laws make that possible.

OK to discipline for leaving work ‘feeling sick’

05/14/2020

If a worker tells her supervisor she’s having a flareup of a serious health condition and must leave, that may invoke the FMLA, the ADA or both. But a run-of-the-mill, “I feel sick and am going home” declaration isn’t protected activity.

3 lawsuit-proof alternatives to layoffs

03/19/2020

With business slowing nationwide because of the coronavirus pandemic, many employers have already laid off staff, and many more fear they will have to do so soon. Before you commit to wholesale reductions-in-force, there are three alternatives worth considering.

Attendance essential, even for disabled employees

03/12/2020

Feel free to require regular attendance from all your employees, even those who are disabled. Simply missing work or refusing to follow rules for requesting time off can be grounds for firing.

Employee misses work? Check FMLA eligibility

02/27/2020

Once an employer realizes leave might be FMLA-covered, it must send the employee an FMLA eligibility notice. That way, the employee knows how to formally request leave. Failing to send the notice after suspecting the employee is eligible is a separate FMLA violation.

ADA: Obesity isn’t a disability … or is it?

07/18/2019

More than one-third of American adults—some 72 million people—are obese, according to the Centers for Disease Control and Prevention. But generally, obesity alone does not qualify as a disability under the ADA. A recent federal appellate court decision agrees with that premise.