When issues between employers and employees arise, they do not always have to end in costly litigation or go through lengthy investigations. Often times, issues can be worked out between parties utilizing an alternative dispute resolution (ADR) process and each side may come away feeling as though the resolution was amicable. ADR can refer to any number of ways to settle disputes.…
As a right to work state, employees in the private sector are under an “at will” employment policy and may be terminated from their job for any reason at anytime. Civil service employees, on the other hand, must be fired for cause and have the ability to appeal their termination or discipline with the Illinois Civil Service Commission. Employees wishing…
When workers in Illinois feel they have been discriminated against, they often have questions about what, if any, their legal recourse might be. Often times, employees feel as though they face an uphill battle against a powerful employer with access to high caliber legal representation. Fortunately for workers, there are a number of different routes that may be pursued to…
The Illinois Department of Labor investigates a variety of wage claims made by employees against their employer. The types of claims employees may bring to the attention of IDOL include owed wages, vacation pay, bonuses, commissions, and final compensation. Employees thinking about these types of claims should understand there are various forms, documents, and time deadlines they must navigate in order to…
Severance pay is a benefit that some employers provide to their employees when they are fired or laid off. While there are only two situations that severance pay is required, many employers will offer severance packages to their employees for varying reasons. When severance pay is required A handful of states require employers to pay severance to employees when the company is closing a…
Employees have basic workplace right to work in a safe place without fear of danger, violence, discrimination, or harassment. We all hope no one would have to deal with these issues, but it does still happen. What Constitutes Sexual Harassment? Sexual harassment can be an ambiguous and hard to recognize due to its often subtle conduct. The Supreme Court has…
All employees have what are called “basic rights” in the workplace. These rights include a right to privacy, fair compensation for work performed (no indentured servitude), and freedom from discrimination. Employees are Protected Against Discrimination in the Workplace Freedom from discrimination is a very important protection that the federal government provides to employees. Those rights include the right to be free…
What is wrongful termination? The first thing we should address is what wrongful termination is and what it isn’t. Many people, employees and employers alike have a misconception of what constitutes wrongful termination. Absent a union agreement or other contract specifying the terms of employment most employment relationships are “at will” agreements. This means that either party may decide that…
Pregnancy discrimination is discrimination based on pregnancy, childbirth, or related medical conditions and constitutes unlawful sex discrimination under The Pregnancy Discrimination Act (PDA), which is an amendment to the title VII of the Civil Rights Act of 1964. This protection ensures that a woman cannot be refused employment because of pregnancy or pregnancy related conditions as long as she is able to…
The simple and straightforward answer to the question of paying employees for Holidays while they are concurrently receiving FMLA leave is this: Treat them as you would any other employee on NON FMLA leave. This issue is governed by 29 C.F.R. § 825.209(h), which states: “An employee’s entitlement to benefits other than group health benefits during a period of FMLA leave (e.g.,…