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.…
A wrongful termination lawsuit may be brought when a former employee alleges that he or she was fired for an illegal reason or purpose. Wrongful termination claims can cost the defendant business money and credibility with future workers, bankers, and vendors. Taking time to learn about national and state employment laws and creating company policies that adhere to them make wrongful termination…
Non-compete agreements are an important matter that every company should take seriously. In fact, Nike recently settled a lawsuit against formers designers who ‘defected’ to Adidas to help them open up a design center in New York. Non-compete agreements are critical to protecting the company and its future profits. What are the Legal Requirements for a Non-Compete Agreement? Every non-compete agreement…
Retaliation is the act of firing, demoting, harassing, or otherwise “getting even” with a person, who complained, testified in an investigation, or appeared in court. The Equal Employment Opportunities Commissions forbids retaliation when hiring, firing, paying, assigning work, laying off, promoting, training, or giving employee benefits. Piercing the Corporate Veil Piercing the corporate veil is not only a theory. It is a practice.…