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Employment Law

Contemplating a RIF? Use clear criteria for who loses job

07/09/2008
In these difficult times, your organization may have to undergo a reduction in force (RIF). If you do, it pays to develop objective standards for who can stay and who must go. By outlining your plan and sticking with it, you reduce your chance of losing a lawsuit a former employee might bring. Remember that fired employees will visit an attorney, who will try to find a reason to sue you …

Before canceling health insurance, beware FMLA trap that could cost big bucks

07/09/2008
If, like many employers, you provide health insurance benefits to full-time employees but not part-time ones, you may be tempted to cancel coverage as soon as an employee falls to part-time status. But what if the employee is eligible for FMLA leave? Canceling may not be an option—and can lead to a big jury award …

Ignoring harassment? You may be hit with more than claims

07/09/2008
Ignore complaints about any kind of harassment, and you may soon find that the employee who complained will hit your organization with more than just claims under federal Title VII and the Illinois Human Rights Act (IHRA). He or she also may sue for common-law claims like assault and battery and intentional infliction of emotional distress …

Radio station manager’s promises strike a sour note

07/09/2008
Kassie Dargo worked on-air and in sales at classic rock WLUP-FM radio in Chicago. In March 2007, Rob Morris, program director of Clear Channel’s top-40 KDWB-FM in Minneapolis, contacted Dargo to recruit her for a morning co-host position …

Rogue manager’s alleged harassment could cost McDonald’s

07/09/2008
A former McDonald’s employee is suing the Oak Brook-based company for permitting sexual harassment at a Pittsburgh restaurant. Vonda Jackson alleges that an assistant store manager touched her inappropriately …

When former employees compete: Getting noncompetes right

07/09/2008
Good employees, especially those in sales or professional services positions, can quickly turn into enemies when they quit. Employers frequently require those employees to sign employment agreements containing noncompete and nonsolicitation restrictions when they start work. However, Illinois courts generally do not favor these kinds of restrictions and will look at them very closely. In fact, our courts are quite likely to rule in favor of employees …

Beware: You’re now strictly liable for supervisor harassment

07/08/2008
The Minnesota Supreme Court has ruled that sexual harassment cases brought under the Minnesota Human Rights Act should follow the rules laid out for federal Title VII sexual harassment cases. The decision means employers can do precious little to escape liability if a supervisor harasses a subordinate and then takes, or threatens to take, an adverse employment action against that employee …

Check post-Layoff rehire policies for disparate-Age impact

07/08/2008
In tough economic times, organizations sometimes have to make hard choices—such as whether to temporarily lay off employees. Of course, you’ll hope to ramp up staffing when the economy rebounds. That’s when you’ll need to be extra careful. If you bar workers you laid off from being rehired, you may be courting trouble …

You get to decide what punishment fits the crime

07/08/2008
When it comes to disciplining employees who break company rules, courts like to keep their hands off employer decisions—as long as everyone who breaks a particular rule receives the same punishment. But courts rarely have problems with the rules companies create and the punishments companies assign to particular rules …

Make sure hiring criteria include objective elements

07/08/2008
There’s no need to cut out all the subjective factors that go into a hiring decision. Instead, make sure you also include objective measures that can be easily compared, such as education, experience and specific skills. That way, you are more likely to win a discrimination challenge …