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Employment Law

Don’t consider FMLA absences when firing

12/11/2008

Employers can’t punish or otherwise hold it against employees for taking FMLA leave—that’s interfering with FMLA rights, and it’s illegal. That’s why it’s important to exclude FMLA leave when making any disciplinary decisions based on employee absences.

Marion veterans hospital to pay for hiring lethal doctor

12/11/2008

The VA Medical Center in Marion has agreed to pay $975,000 to Katrina Shank, whose husband, Robert Shank III, bled to death after former staff surgeon Dr. Jose Veizaga-Mendez operated on him.

Beware reverse discrimination risk of overly aggressive minority recruiting

12/11/2008

It goes without saying that employers shouldn’t discriminate based on race, age, sex or other protected characteristics. But favoring people based on those protected characteristics can lead to another problem—reverse discrimination.

Formal contract not necessary for employee to bring wage claim under IWPCA

12/11/2008

Under the Illinois Wage Payment and Collection Act, employees can sue their employers if they believe they are owed money, including promised commissions and the like. The law doesn’t require that the money owed be promised in a binding, written contract.

Good news for state supervisors: Immunity means no tort lawsuits

12/11/2008

If you are a supervisor working for an Illinois state agency, there’s a bit of good news on the lawsuit front. You can’t be personally sued by an employee for exercising your supervisory functions, even if she claims your supervision amounted to intentional infliction of emotional distress.

You don’t have to guarantee absolutely cordial treatment

12/11/2008

Although we all might wish for perfect harmony at work, that isn’t realistic. As long as there’s no obvious or thinly veiled race, sex or other underlying discrimination at work, it doesn’t matter if a supervisor isn’t very friendly with some employees.

Courts taking critical look at prevailing-wage standards

12/11/2008

Are you in an industry affected by Illinois’ prevailing-wage laws? If so, note that the courts are beginning to recognize cracks in the way the Illinois Department of Labor sets those wages.

Judge to pilots: sickouts won’t fly

12/11/2008

United Airlines won the first round of a legal battle against its pilots over sickouts and other disruptions that cost the airline millions of dollars in lost profits and revenues last year.

Judge halts prison closure after union files suit

12/11/2008

The union representing employees at the Pontiac Correctional Center has stalled closure of the maximum-security prison, at least temporarily. Livingston County Judge R. Michael Travers issued an injunction in November barring layoffs at the prison pending arbitration of grievances filed …

Former Cook County prosecutor files discrimination suit

12/11/2008

Christine Opp, a former assistant state’s attorney for Cook County, has filed a lawsuit claiming that she was fired because of her age and political leanings.