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Employment Law

The power of PowerPoint, and a gentle letdown

04/01/2008
Salvatore Salerno, a sociology instructor at the Hutchinson campus of Ridgewater College, sued for age discrimination after being passed over for a full-time, tenure-track position …

FMLA changes are here — and even more are on the way

04/01/2008

Employers with 50 or more employees that are subject to the requirements of the FMLA, take note: Significant developments are under way: A new law extends leave benefits to military families, and the U.S. Labor Department is revamping regulations interpreting employers’ obligations under the FMLA …

How much cooperation must we give to a state discrimination investigation?

04/01/2008
Q. I own a small medical device company. We are responding to a frivolous charge of discrimination filed by a former employee. The Minnesota Department of Human Rights has contacted us to conduct interviews of certain employees. Do I have to make these employees available? Can I ask to participate in the employee interviews? — S.G., Bloomington …

Don’t let flawed noncompete agreement break the bank

04/01/2008
Lots of employers use noncompete agreements to protect against unfair competition from former employees. But a poorly drafted noncompete agreement—e.g., one you obtained from a form book or the Internet—may create serious legal pitfalls …

Beware using medical costs as employment factor

04/01/2008
It may be tempting to refuse to hire an applicant who could raise your health insurance costs. By the same token, it may seem like a good idea to terminate employees who keep filing expensive health insurance claims for themselves or their dependents. Don’t do it! The penalties for such discrimination can be high …

Reorganizing? Make sure open positions are available to all

04/01/2008
During a reorganization, lost jobs can mean unhappy former employees looking for reasons to sue. They may suspect the changes were merely a smokescreen to cover illegal discrimination. The best way to prevent a lawsuit is to open up to those who are slated for termination any new positions you may be creating. Encourage all to apply …

OK to consider qualifications that aren’t in job description when setting pay

04/01/2008
Setting compensation for a highly skilled job applicant may mean having to offer more money than currently paid to employees performing the same type of job. But what if a current employee sues, alleging the pay disparity constitutes some form of discrimination? Can you avoid liability? …

No separate emotional distress claims if conduct is covered by IHRA

04/01/2008
Employees and their lawyers are always looking for ways to increase the damages they can extract from employers that make mistakes. Fortunately, they can’t heap additional claims on top of a basic claim made on similar grounds under the Illinois Human Rights Act (IHRA). If the IHRA provides a remedy, that’s the only one available for the same basic claim …

Manager blows whistle on suspected fraud at Grainger

04/01/2008
Brian Holbrook, a former district sales manager for W.W. Grainger Inc., an international maintenance supplier based in Lake Forest, has filed a whistle-blower lawsuit claiming the company repeatedly overcharged the U.S. government for its products …

Springfield to pay officer $150,000 for ongoing discrimination

04/01/2008
The city of Springfield must pay $150,000 to former patrol officer Rickey Davis, who sued the city for discrimination and retaliation. The U.S. District Court, Central District, in Springfield, denied the city’s appeal for a new trial …