There are a lot of reasons that someone could lose their job. Perhaps the company was downsizing, or you got in a fight with your boss, or because your boss feels your performance was not sufficient, even if you disagree with his assessment. In general, most reasons for termination are not illegal, even if you do not agree with the…
Firm News
Are You in a Protected Class?
Contrary to popular belief, actions taken against you that may feel are unfair or wrongful may not be illegal. Actions that are based on illegal employment discrimination may be illegal under employment discrimination laws if two things happen: The person being discriminated against is being treated that way because they are in a “protected class”; and An adverse employment action…
Can I Get My Job Back After a Wrongful Termination in Chicago?
Wrongful termination occurs when an employer fires you for an unlawful reason. Wrongful termination cases often occur because of illegal discrimination or illegal retaliation. This is different from a situation where you might disagree with the employer’s reasons for the termination, and there is no evidence of discrimination or retaliation. In those cases where the termination violates a law, and…
What Is “Adverse Employment Action”? Why Does It Matter?
Federal and state laws prohibit employers from taking “adverse employment action” against someone for being a member of a protected class. Protected classes are those who are considered “minorities.” Your age, sex, religion, race, creed, or skin color might put you in a protected class. Anti-discrimination laws do not protect employees from petty insults or minor inconveniences even if it…
Who is Entitled to Unemployment Benefits?
Unemployment benefits are designed to provide wage assistance to workers in Chicago who have become unemployed through no fault of their own. That means that if you were fired for cause, you might not qualify for unemployment benefits. You also need to meet specific requirements and apply to get benefits. Eligibility Requirements for Illinois Unemployment Benefits You must meet the…
The Difference Between Wrongful Termination and Lawful Termination
There are a lot of reasons that someone could lose their job. Perhaps the company was downsizing, or you got in a fight with your boss. In general, most reasons given by the employer for termination do not create a wrongful termination, even if you do not agree with the decision, or the reasons or think it is unfair. An…
Employment Discriminations Basics: What Is “Adverse Employment Action”?
To have an employment discrimination claim, you must show that the discrimination you are claiming led to an “adverse employment action.” This very specific language can be found in both federal and state law. It is also commonly found in case law that addresses employment discrimination claims. But, what does it actually mean? What is Adverse Employment Action? In general,…
HIPAA Rights in the Workplace and COVID-19
HIPAA Rights in the Workplace and COVID-19 The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that provides individual protections for everyone when it comes to their medical information. It requires that certain safeguards be used so that third parties cannot access your medical information. HIPAA’s protections extend to anyone that might have access to your medical…
Part II: More COVID-19 FAQs on Federal Employment Laws
Part II: More COVID-19 FAQs on Federal Employment Laws COVID-19 and employment is a hot topic today. A lot is going on, and the questions that the Goldman & Ehrlich team are receiving are good ones that should be addressed. In our second round of COVID-19 FAQs, we dive deeper into how COVID-19 is affecting other types of federal laws…
What Can an Employer Do in COVID-19? 4 Quick FAQs
What Can an Employer Do in COVID-19? 4 Quick FAQs COVID-19 has changed the dynamic of employment for a lot of people. Both employers and employees will likely have many questions about how COVID-19 changes or affects their relationships, especially in light of other federal laws that are already in place. Below are some of the most frequently asked questions…