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Employment Law

Worker returning after leave? Just say, ‘Welcome back!’

03/23/2012
Here’s a tip that doesn’t cost anything to implement and may prevent a lawsuit: When employees return from an illness, medical leave or other absences, make them feel welcome—and don’t publicly focus on any lingering problems.

Watch out if your reorg affects only one worker

03/23/2012
If you terminate a current employee during a reorganization process and then hire someone outside the terminated worker’s protected class, you can count on a lawsuit that will go to trial.

Beware new grounds for wrongful-firing suits: Termination in violation of public policy

03/23/2012
Employees and their lawyers are always looking for new reasons to sue. Lately, there’s been an in­­crease in efforts to cast terminations as public-policy violations.

Stay ahead of EEOC complaint calendar by documenting when employee learns he’ll lose job

03/23/2012

Employees who think they have been wrongly fired face tight deadlines for complaining about discrimination. In North Carolina, they have just 180 days to file an EEOC complaint. What’s more, the clock starts ticking the day the employee learns he is informed he will no longer have a job, not from the last day on the job.

Looking for a quick end to harassment case? Never urge the complaining employee to resign

03/23/2012

Sexual harassment victims deserve to have their claims investigated, not ignored. Under no circumstances should you encourage a complaining employee to quit instead of having to endure continued harassment. That’s a sure indication to many juries that the worker was punished for reporting sexual harassment.

Don’t let disability excuse worker misconduct

03/23/2012

Disabled employees sometimes try to use their medical conditions as an excuse for poor behavior. Don’t fall for it. Disability can’t be used to avoid discipline for misconduct.

Equal pay? Not if jobs aren’t really equal

03/23/2012
The Equal Pay Act says that men and women who perform jobs requiring equal skill, effort and responsibility should be paid the same. But that doesn’t mean everyone with the same title or similar job responsibilities falls into the same pay category.

How does the state’s civil union law affect employer-provided health benefits?

03/22/2012
Q. How does the Illinois Religious Freedom Pro­­tec­­tion and Civil Union Act affect health benefits?

How does Illinois’ civil union law interact with federal discrimination laws?

03/22/2012
Q. How does the Illinois Religious Freedom Pro­tec­­tion and Civil Union Act affect an employer’s obligations under federal law?

What are the implications for employers of Illinois’ new civil union law?

03/22/2012
Q. We are aware that the Illinois Civil Union Act is in effect. Could you please tell us more about it?