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Illinois

Employment Lawyer Network:
Illinois

David B. Ritter

Neal Gerber Eisenberg LLP

dritter@ngelaw.com
(312) 269-8444

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David B. Ritter chairs the Labor and Employment Practice Group at Neal Gerber Eisenberg LLP in Chicago. He represents management in all areas of labor and employment law. David is editor of HR Specialist's Illinois Employment Law newsletter. Contact him at: dritter@ngelaw.com, (312) 269-8444.

Aurora trucking firm sued for bilking employees on benefits

02/16/2010

The U.S. Department of Labor has sued Mid-State Express, alleging that the trucking company collected health care premiums from its employees, but never actually used them to buy insurance. As a result, employees face more than $3 million in unpaid medical bills.

Follow your own rules, courts will probably side with you

02/16/2010

You just can’t satisfy some employees. They’ll always find something to complain about. But if supervisors keep their cool and hold employees to the rules, chances are a disgruntled employee won’t get far with a lawsuit.

E-Verify now legal in Illinois … if employers play by new rules

02/16/2010

Illinois’ long-standing mistrust of the federal government’s E-Verify employment eligibility verification program has now been codified into a new law meant to make sure the online system can’t be used to harm workers. Employers that use E-Verify must now complete the Illinois Department of Labor’s “E-Verify Employer Attestation Form.”

Burden now on employees to show age bias caused adverse action

02/16/2010

Good news for employers! The U.S. Supreme Court issued a landmark decision whose positive impact on employers is just being felt. The decision—Gross v. FBL Financial Services, Inc., (129 S. Ct. 2343, 2009)—involved an employee who alleged that his reassignment to a new position constituted a demotion that was improperly motivated by his age. That would have violated the ADEA.

How much should I worry about employees using social networking sites?

02/16/2010

Q. I heard that Facebook use is really picking up, but I don’t think most of our employees are that tech-savvy. Should I be concerned about my employees accessing social networking sites while at work?

RIF? Make sure layoff decision-makers don’t know workers’ FMLA status

02/03/2010

Economic times remain tough, and businesses are still finding they have to cut costs to survive. And cutting costs often means looking at a possible reduction in force. In most organizations facing that difficult prospect, a team of managers has to decide where the cuts should be made and what criteria to use when making those cuts. Make sure the decision-making team doesn’t have access to information about FMLA usage …

Beware suspicious timing when taking action against employee undergoing medical treatment

02/03/2010

Here’s another good reason to meticulously track performance: If you end up firing or demoting someone without good documentation, you may end up in court. Bad timing alone could trigger a lawsuit if the employee engaged in some sort of protected activity just before the action.

Wasted at work? You don’t have to tolerate it!

01/11/2010

Some employers foolishly worry that they may violate the ADA or the FMLA if they enforce a zero-tolerance policy that forbids employees to work under the influence of alcohol. The simple reality is that employers have every right to expect workers to show up sober in the morning. Furthermore, being an alcoholic is no excuse.

Tell managers: No comments on family planning

01/11/2010

Some comments simply aren’t appropriate in the workplace—especially when the person weighing in is a supervisor or manager. Most bosses understand they can’t use ethnic or racial slurs, but many don’t understand that the same common sense applies to discussing family planning.

Chicagoland truckers offer lesson on price of harassment

01/11/2010

The EEOC has charged YRC Inc.—the trucking firm created by the merger of Yellow Transportation and Roadway Express—with racial intimidation and harassment at its Chicago Ridge location. According to the complaint, black employees at Chicago Ridge had to endure nooses, racist graffiti and racial slurs while working at the plant.