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Employment Law

Beware shifting explanations for firing

01/16/2009

If you have to terminate an employee, don’t fall into a trap that can easily lead to a lawsuit. Don’t provide conflicting reasons for the termination or drop one when the employee or the EEOC asks for details.

Report shows mixed results for Chicago’s female execs

01/16/2009

The Chicago Network’s 2008 census report, Breaking Away, showed mixed progress for women executives in the greater Chicago area.

Suspect FMLA leave shenanigans? Follow the law’s certification requirements

01/16/2009

Sometimes, employees whose vacation requests are turned down try to get time off by producing a doctor’s note. Some even up the ante by trying to claim FMLA leave. If you really believe an employee is trying to pull a fast one, you have two options if you want to avoid possible FMLA interference charges.

Rely on union contract terms when working out disability accommodations

01/16/2009

Dealing with a labor union has its headaches, but figuring out how to deal with disability accommodations isn’t one of them. The fact is, having a collective-bargaining contract in place can make that easier.

Ask attorney for help in structuring joint ventures to limit employer liability

01/16/2009

Good news if your company is involved with another firm in a joint venture that includes provisions for sharing labor and workers’ compensation insurance costs: Employees working under the joint-venture agreement can’t sue you for damages relating to injuries covered by the workers’ compensation system.

No vote required: Government workers can organize with cards

01/16/2009

The Illinois Supreme Court has ruled that public employers have to accept a union as their employees’ bargaining representative if the union shows that a majority of the employees have authorized union dues deduction.

Employees may have 3 years to sue for FMLA violations

01/16/2009

Don’t throw out those leave requests or FMLA certifications—especially if you rejected any requests—until at least three years have passed. Employees have up to three years to file an FMLA lawsuit if the alleged violation was willful—and they don’t have to go to the EEOC or a state discrimination agency first.

Chicago protest becomes symbol of the nation’s woes

01/16/2009

Workers who occupied Republic Windows and Doors in Chicago after getting three days’ notice that the plant was closing became a symbol of the nation’s economic trials, drawing support from then-President-elect Barack Obama.

State agency cuts drug testing to stretch shrinking budget

01/16/2009

The Illinois Department of Children and Family Services (DCFS) has stopped conducting drug tests on job applicants as a cost-cutting measure. DCFS introduced the drug tests in February 2008 for all applicants for jobs that involved direct contact with children and families.

Pharmacists against emergency contraception to get trial

01/16/2009

On Dec. 18, the Illinois Supreme Court overturned a lower court’s dismissal of a lawsuit by two pharmacists who seek the right to refuse to dispense emergency contraception because of their religious beliefs.