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Terminations

How do layoffs affect employees on sick leave?

09/12/2008

Q. Our company is planning a layoff, for which we will follow a “seniority” system to decide whose jobs are affected. When I look at our seniority list, I see that some of our current employees are out on medical leaves of absence. How should these employees be treated for layoff purposes? …

Legislators file suit to keep state jobs in the capital

09/10/2008
Springfield city officials and several state legislators have filed a lawsuit to try to stop Gov. Rod Blagojevich from moving the Illinois Transportation Department’s Division of Traffic Safety to Harrisburg …

Fire employees who take FMLA leave? Yes, with reason

09/10/2008
Employees sometimes think taking FMLA leave gives them special protection. Some may even attempt to go out on leave when they know they are about to get into trouble at work. Don’t fall into that trap. The fact is, if you would have fired the employee even if she had never taken FMLA leave, you can do so if she has taken leave …

Title VII doesn’t protect employees who complain about discrimination against customers

09/10/2008
Employees who complain about co-worker or management discrimination against employees are protected from retaliation under Title VII of the Civil Rights Act. But what about employees who complain to management that their co-workers may be discriminating against customers? Are they protected from retaliation, too? Not in Illinois …

Be patient and keep thorough records to make sure your firing decisions stick

09/10/2008
When it comes to discharging an employee, the best policy may be to bide your time and carefully document her deficiencies. Unless there is a compelling reason to act immediately, be patient and build your case with solid, verifiable criticism …

Muslim corrections officer keeps beard, gets fired, sues

09/10/2008
Abal Zaidi, a former corrections officer in Geneva, has sued the Kane County Sheriff’s Department, claiming he was fired for refusing to shave his beard …

Hearings before the IDES: ‘The People’s Court’ or the Supreme Court?

09/10/2008
Should you contest a fired employee’s Illinois unemployment compensation claim if you really believe the employee isn’t eligible for the benefits due to misconduct? Is it worth the hassle and expense? Generally, the process is informal and sometimes resembles the television show “The People’s Court.” At other times, it may seem like you’ve landed in the Supreme Court …

Biological Link to Child Isn’t Required for Employee to Take FMLA Child-Care Leave

09/09/2008
The FMLA clearly doesn’t cover employees who take time off work to care for a sick girlfriend or boyfriend. However, as a new case shows, employees can legally take FMLA leave to care for a girlfriend’s or boyfriend’s child, if the employee has assumed day-to-day responsibility for that child. Learn more about this crucial distinction.

When Can You Discipline, Fire Disabled Workers? New EEOC Guidance Explains

09/09/2008
The ADA does not affect an employer’s right to hold all employees to basic conduct standards, and employers can apply the same performance standards to all employees, including those with disabilities. That’s the clear conclusion of a new ADA guidance document just issued by the EEOC.

Don’t be intimidated by sudden disability claim during discipline

09/09/2008
Employees who face discipline and are worried about losing their jobs may believe that claiming they are disabled will stop or at least delay the inevitable. They think the ADA is a shield against punishment. Don’t fall for that trick …