• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly
Connection failed: SQLSTATE[HY000] [2002] No such file or directory

Illinois

Court: Elmhurst pumping firm drained workers’ 401(k) funds

10/18/2012
A federal court has ordered the owner of Elmhurst-based ABD Tank & Pump Co. to repay $2.7 million that was illegally skimmed from the company’s 401(k) plan.

Benefits questions can trigger ERISA suit

10/18/2012
ERISA allows employees to sue if they believe they suffered retaliation for giving information or testifying in an ERISA proceeding. Until now, employers assumed that an employee had to at least make a formal complaint to the DOL before he could sue for retaliation. That’s no longer true.

State chart: withholding on supplemental pay

10/08/2012
STATE WITHHOLDING RATES: Here’s a chart summarizing how states handle income tax withholding on supplemental wages. Note: To get the full story on state tax rates, visit your state tax department’s website.

Can we stop employees from talking politics?

10/01/2012
Q. With the election approaching, it seems like our office is as politically divided as the country. Can we ban all political talk?

Same offense, same discipline? Not necessarily

10/01/2012

You’re probably aware that, generally, you should issue the same discipline to everyone who breaks the same rule. But that isn’t always the case. As long as you can explain why one employee deserved harsher punishment, a judge probably won’t second-guess you.

Can we implement a civility code that prohibits employees from name-calling?

09/20/2012

Q. I’d like to institute a civility code that goes beyond the basic racial and sexual slurs to include any name-calling that is demeaning, crude or rude. What do you suggest as punishment?

Are we allowed to fire a mentally ill employee who makes threats?

09/20/2012

Q. On three occasions, an employee threatened colleagues with physical violence. After the last incident, she explained to her manager that she is bipolar and going through a prescription change. She said she was unaware of making threats, was truly sorry and never meant any harm to anyone. Do we have to tolerate this behavior now that we know she may be disabled?

Can we insist that doctors’ notes include a diagnosis of an employee’s medical condition?

09/20/2012

Q. May we ask for a diagnosis when an employee ­requests a few days of sick leave? Or must we ­accept any doctor’s note without any explanation?

New Illinois law bars employer access to social media accounts

09/20/2012
Some employers have recently begun to require employees and applicants to provide their passwords or otherwise allow access to their social media accounts. The Illinois Legislature has now put a stop to that practice.

Federal courts take a second swing at Prospect

09/20/2012
A federal judge has ordered Chicago-based Prospect Airport Services to implement an anti-harassment program after determining that the company ignored previous court orders issued after it settled an EEOC harassment suit in 2010.