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Illinois

It’s your right to demand good performance—even from employees who take FMLA leave

05/11/2009

Employees who take FMLA leave or engage in other protected activities sometimes look for signs their employer is illegally punishing them. They interpret every legitimate request for improvement as retaliation. Fortunately, courts are beginning to reject those frivolous claims.

Offer employees on military duty same chances for promotion other employees have

05/11/2009

Employees who are serving the country on active military duty may miss a chance to participate in important tests that qualify them for promotions. If they miss those tests, they could also miss out on opportunities for promotions for years to come. And that may violate USERRA.

Worker claimed retaliation? Don’t fear legitimate firing

05/11/2009

Sometimes, employees think all it takes to keep from being fired is a well-timed complaint alleging discrimination, harassment or retaliation. That, they reason, will scare an employer into overlooking poor performance or even criminal behavior. Don’t fall for it.

Curiosity about co-worker’s accommodation not harassment

05/11/2009

Even though employers must maintain confidentiality when a disabled employee receives ADA accommodations, other employees are bound to notice. For example, they might ask how the employee got a good schedule or even if she has a disability. That doesn’t amount to disability harassment.

Fired woman’s case heats up by 1 degree

05/11/2009

When Cristi Turpin completed her doctoral dissertation and defended it before her committee at Southern Illinois University (SIU), she assumed she had a doctorate in the bag. But the university’s computer system continued to show she hadn’t earned her doctorate. So the company that hired her then fired her for lying on her job résumé.

Chicago’s Loyola law students mastering the recession

05/11/2009

With the possible exception of employment law, the legal profession has been hit hard by the recession. Today’s law school graduates are now competing with cadres of laid-off attorneys for dwindling positions. So, Loyola University Chicago School of Law has devised a way for law students to weather the economic storm.

E-Verify again an eligibility verification option for Illinois employers

05/11/2009

The federal E-Verify program allows employers to voluntarily enroll in the federal government’s Internet-based system for verifying the employment authorization documents submitted by new hires. Consult your attorney before enrolling in E-Verify to determine whether it makes sense to do so.

What are the FMLA eligibility rules for employees who leave and then come back?

05/11/2009

Q.  We have an employee who has worked for us for just six months. However, three years ago, she worked for us for about a year before quitting and going back to school. Now she has requested time off under the FMLA. Is she eligible?

How can we save on payroll but still have employees work their full schedules?

05/11/2009

Q. We are having trouble making payroll and have asked our employees to give up pay for 20 hours per month while they work their regular schedules. Can we do this?

How brief a time increment must we use when granting FMLA intermittent leave?

05/11/2009

Q. An employee has requested one hour of unpaid intermittent FMLA leave. Can we require him to use up a half or full day of leave instead?