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.,…
In August 2015, Judge Weinstein of the US District Court for the Eastern District of New York, supported a ruling against UPS which was based on claims of harassment and discrimination of a lesbian employee by a manager. The judge’s ruling include the statement: “[As] the nation’s understanding and acceptance of sexual orientation evolve, so does the law’s definition of appropriate behavior…
If an employee is a salaried exempt employee, there are situations when an employer may dock that employee’s pay. However, this is generally illegal in employment law, and doing so may cause an exempt employee to become eligible for overtime. Let’s take a look at when exempt employees may have their pay docked. Employee Is Out of Work Due to FMLA…
Federal law makes it illegal for employers to discriminate against a protected class. Protected classes include race, color, national origin, religion, sex, disability, age, and citizenship. In Illinois, the law includes additional protected classes such as mental or perceived handicap, sexual orientation, and military status. To file a discrimination claim under Illinois law, the claim can be filed with the state agency or the federal agency. The Illinois…
Overview Executive compensation packages are a hot topic of discussion in the world of business today. There are many different aspects to take into account when designing a compensation package for executives. From the perspective of the company, it is important to protect against any litigation in case the working relationship turns bad. Here are several things to keep in…
Illinois lawyers fight for clients in unwarranted dismissals Because Illinois is an “at-will” employment state, you can be fired for no reason at all. But you cannot be fired for an illegal reason such as discrimination or retaliation. When an employer releases a worker from employment in violation of that worker’s federal or state rights, wrongful termination occurs. Illegal reasons…
Preventing sexual harassment among employees is important for any employer. Have a clear sexual harassment policy in place, including a way for victims to report any problems in a safe, confidential manner. Provide anti-harassment training that educates employees about what sexual harassment is and how to recognize it. These measures can help prevent a potential court case in the future. Developing Clear…
It may be difficult for a worker to determine whether discrimination is present in the workplace. He or she may be told, “You weren’t a good fit for a job,” or “You don’t fit our culture.” Employer explanations in such cases are designed to confuse the worker, or cause him or her to believe the fault of not “fitting in” is theirs.…