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December 2017 Archives

FAQs about Retaliatory Discharge in Illinois

If you have been fired recently or treated unfairly at your workplace for asserting protected rights, you may be eligible to file a lawsuit against your employer for retaliatory discharge. You may be confused and have several questions about your situation. Here we have answered some of the most common questions clients ask to our employment law attorney regarding retaliatory discharge:

Sexual Preference/Orientation Discrimination at Workplace in Illinois

When an employer takes a negative employment action against an employee, such as denial of benefits or harassment, based on their sexual orientation, it is known as sexual orientation discrimination. It is essential for employees to know about their rights against such practices and behavior of employers, and how it can be with other types of discrimination, like disability, sex, marital status, religion, and gender identity, in order to take legal action.

A Look at the Provisions of the VA Accountability and Whistleblower Protection Act

The bipartisan VA Accountability and Whistleblower Protection Act was passed by the Senate on June 6, 2017, which was signed into law in by President Donald Trump, with the aim to bring a significant reform to civil service. The bill comprises of statutes that will ease restrictions pertaining to termination and discipline of employees that is directed from the veteran affairs dependent. The law is designed to streamline the process of handling employee misconduct and give more power to make decisions to the Secretary of Veteran Affairs.

Protections from Employment Discrimination a Complicated Area for LGBT People

It's hard to believe, but in 2016 there is no law at the federal level explicitly protecting gay, lesbian, bisexual or transgender people from workplace discrimination. However, there is some indication that this may be beginning to change at the federal level, complementing an Illinois law that has protected employment rights of the LGBT community for the past decade.

Proving Retaliatory Discharge Requires Actual Causation Under Illinois Law

There has long been an idea under Illinois law that doing the right thing should be protected. If you notice your employer is doing something illegal and report it to law enforcement, you should be rewarded for this good deed, or at the very least protected from retaliation at your job. Illinois has long had what's known as the Whistleblower Act on the books to protect employees from retaliatory discharge if they report wrongdoing on the part of their employer. But a recent decision by the Illinois Supreme Court has now made it harder to prove retaliatory discharge cases.

Different Types of Leaves for State Employees under the FMLA in Illinois

If you are diagnosed with or suffering from a serious medical condition and find it difficult to perform your duties, then under the Family and Medical Leave Act (FMLA), you can take medical leaves. These leaves are also granted when an employee has to take care of a child, spouse, or parent with a serious health condition. The main purpose of the FMLA is to provide people with the opportunity to balance the personal and family needs with the demands of the workplace.

Employment Discrimination in Illinois

When it comes to employment discrimination, it is unlawful for employers to fire or deprive their employees of their workplace rights based on their color, sex, race, religion, national origin, or any other aspect that marks them as a minority in the workplace. While there is the Illinois Human Rights Act that protects employees from any type of discrimination, it is imperative for every employee to have basic knowledge of when they are subjected to discrimination by their employers.

When to get Legal Help for your Wrongful Termination Case

If you think you were terminated for an unlawful reason, you have the right to file a wrongful termination case against your employer. However, proving and receiving damages against a wrongful termination action is challenging, involves complex legal proceedings, and requires producing solid pieces of evidence to support your claim. To make things easier and increase your chances at winning the case, it is best that you get legal assistance of a wrongful termination attorney.

Filing an Age and Sex Discrimination Charge with the EEOC

If you are being discriminated based on your age and/or gender, your first move should be to inform the management of your organization about it and try to resolve the matter internally. Most companies have a systematic procedure described in their employee handbook for filing such complaints. However, if you think that the company's response was not satisfactory or the management ignored your complaint, you should turn to the Equal Employment Opportunity Commission (EEOC) for help.

Can An Employer Fire You for Talking About an Election?

The First Amendment to the Constitution famously protects the individual rights of free speech and assembly. The U.S. Supreme Court has long held that these First Amendment protections extend to government employees who engage in lawful political activities. If a government worker is demoted or fired based on exercising his or her constitutionally protected rights, it is considered an illegal retaliatory discharge under federal civil rights law.

Illinois Court Rules Age Harassment Is Illegal Discrimination

When it comes to sex discrimination, it is well established law that harassment based on gender is illegal. But what about harassment based on a person's age? While there is extensive law regarding sexual harassment, age harassment is a relatively new subject for the courts, as illustrated by a recent case from here in Illinois.

Retaliatory Discharge and the Public Policy Rule in Illinois

Many employees think that they can sue a former employer for retaliatory discharge just because they were unfairly fired. Illinois law is not this clear cut, however. Just because an employer's actions were unfair doesn't mean they were necessarily illegal and you're entitled to compensation

Supreme Court Rejects Employer's Delay Tactics in Sex Discrimination Case

Sex discrimination remains a serious problem in many professional fields. While it may seem inconceivable that in 2016 there women are still barred from entire classes of jobs, in reality that is sadly still the case. And even when the federal government intervenes to put an end to such practices, it can take many years of litigation just to get a court to answer the question of whether illegal sex discrimination exists.

EEOC Decision Strengthens Protections for Pregnant Women

Most employees understand that they cannot be discriminated against because of sex under Title VII of the Civil Rights Act. But what many employees might not know is that this goes on beyond simple sex discrimination. Of course an employer cannot fire you simply because you are a woman or a man, but Title VII also extends to other immutable characteristics related to gender. Most recently, the EEOC held that under Title VII, an employer cannot discriminate against a female employee because she is pregnant.

Seventh Circuit Holds That Brief Work Stoppage is Protected Concerted Activity

Employees have a right to voice concerns that their coworkers are being treated unfairly, according to a recent opinion from the Seventh Circuit Court of Appeals, which includes Illinois. The case, Staffing Network Holdings, LLC v. NLRB, found that such statements cannot be subject to employee retaliation under the longstanding doctrine of protected concerted activity.

Disability Discrimination against Employees

The Americans with Disabilities Act (ADA) protects qualified applicants and employees with disabilities from discrimination at workplace or in employment. This federal law applies to employment agencies, local and state governments, private employers, labor-management committees, and labor organizations, like unions. Other than the ADA, there are four other laws that protect disabled individuals against discrimination: The Civil Service Reform Act, the Vietnam Era Veterans' Readjustment Assistance Act, the Workforce Investment Act, the Rehabilitation Act, and the Civil Service Reform Act.

Retaliatory Discharge - Essential Things Employees Should Know

When an employee reports a complaint for an unlawful practice or discrimination against their employer, there is a chance they might retaliate and fire that person. Under state and federal laws, an employer cannot fire their worker for exercising their rights. The U.S. Equal Employment Opportunity Commission describes retaliation as an adverse action taken against an employee who was involved in a protected activity. Termination, unfair evaluations, refusing to hire, demotion, disciplinary measures, denying rightful promotion, and increase observation are all adverse actions that fall under the category retaliation discharge.

Employee's Checklist for Wrongful Termination

Have you been fired from your job recently? Did the employer give you a legitimate reason why they decided to terminate your employment? If not, you should have a look at this wrongful termination checklist, as there is a good chance you might have a case. The following is a compilation of questions that you should ask yourself to determine whether you have been unlawfully terminated.

The Basics of Sex and Age Discrimination at Workplace

The Equal Employment Opportunity Commission (EEOC) has enforced several laws that protect employees from discrimination based on everything from religion and physical ability to age and sex. While there are federal laws in place against workplace discrimination, most states have also passed some laws that take additional measures against it. Some of the state laws are more favorable in certain circumstances as compared to federal laws and can better safeguard the employees and their rights.

Employment Discrimination Laws for Employees with Cancer

A lot of people prefer to work during their cancer treatment, or go back to their jobs after they have recovered from the terrible disease. The decision to work during or after cancer treatment is influenced by many aspects such as the financial resources, health stability, progress of your recovery, and the type of activities involved in your job.

How the ADEA Protects Employees from Age Discrimination

Young and elderly employees often experience age discrimination at workplace, creating difficulty for them to progress in their career and efficiently perform their job. There are several laws in place that prohibit employers from firing, promoting, hiring, or deciding the compensation of an employee based on their age. However, many employers commit age discrimination in a way that is quite difficult to determine whether their actions were based on a genuine reason or motivated by age discrimination.

Wrongful Discharge Claims under FMLA

Under the Family and Medical Leave Act (FMLA), employees can take up to 84 days or 12 weeks of unpaid leave for medical reasons or to provide care to immediate or closely related family members. All local, state, and federal government departments and private and public schools are required by the law to uphold FMLA. For private employers, they must have at least 50 employees for 20 weeks or more a year to be covered by FMLA. This act provides protection to employees going on leave and ensures that they will be able to return to the same position they left after their unpaid leave period is complete.

Different Forms of Religious Discrimination You Should Know About

In Illinois, if an employer treats an employee differently based on their religious beliefs, it is considered as discrimination under their human rights act. This means that your employer cannot make any comments at work, make job decisions, or even ask about your religion, as it is a violation of Title VII of the Civil Rights Act of 1964.

Whistleblowing and Retaliation - What Employees Should Know

Illinois, being an at-will employment state, gives power to an employer to lay off a worker for any reason whatsoever. However, there are several laws that prohibit them from firing an employee for reporting their illegal activities and misconducts, such as whistleblowing. If you have information about your employer violating regulations of public health and safety or breaking any workplace laws, you should report their wrongdoing. Such employees are known as whistleblowers, and are protected by many federal and state laws from employers' retaliation.

What Employees should Know to Prove a Retaliatory Discharge

Retaliation refers to the wrongful termination or punishment faced by an employee for reporting any illegal activity or unethical conduct of the employer or company, such as workplace safety violations, harassment, discrimination, and others. There are several laws that give workplace rights to employees and prohibit retaliation. They provide protection to employees from being fired or confront negative actions when they report against their employer. According to many federal and state laws, any form of retaliation is illegal, making employees eligible for compensation.

Frequently Asked Questions Regarding Employment Discrimination

Federal laws, including the Age Discrimination in Employment Act, the Americans with Disabilities Act, and Title VII of the Civil Rights Act of 1964, prohibit organizations, governments, and private persons from discriminating against their employees throughout 50 states. However, some employees are not sure whether they have been discriminated or what actions they should take to cope with their situation.

Severance Agreements and Age Discrimination - What You Should Know

When firing an employee, some employers use severance agreements to avoid potential claims down the line, especially in wrongful termination and discrimination cases. Generally, if an employee signs the dotted line of a release of claims and accepts the severance package, they may lose the right to file any possible claims forever. Before you sign anything, it is imperative for you to understand the ins and outs of severance agreements and your rights under state and federal laws.

Termination for Cause: How an Attorney Can Help

To avoid liability for wrongful termination, most employers have to provide a legitimate reason when firing an employee. They may say that you are being fired for misconduct, to cut costs, poor performance, or because the company is reorganizing its hierarchal structure. This is known as termination or firing for cause.

Laws Protecting Employees from Retaliatory Discharge

Retaliation is a form of discrimination that refers to a negative action by an employer against an employee for filing a complaint about an illegal conduct. This may include discrimination, failure to pay overtime, harassment, workplace safety violations, and others. A variety of state and federal statutes, along with Illinois common law, keeps an employee safe from retaliatory discharge when they engage in a certain conduct or deny being a part of any unlawful conduct.

Age and Sex Discrimination Based on Disparate Treatment

Disparate treatment refers to a form of discrimination which is used for proving illegal employment discrimination against an employer. When a disparate treatment claim is filed against an employer, the employee alleges that they were treated in a different way compared other employees in a similar situation. It also entails that the difference was due to the employee being a member of a protected class. This means that the employee was treated differently because of their age, sex, race, religion, or any other protected characteristic. This discriminatory practice is prohibited under Illinois laws, and can lead to serious consequences for employers.

Were you Wrongfully Terminated?

The United States Federal Law has set specific guidelines for employers to follow when considering the termination of an employee's contract. These set of rules address the freedom of the employer concerning violations of employment contracts. These address the agreement that the employer and employee had before or after resuming employment.

What Qualifies as Employment Discrimination?

As an employee of any firm or organization that operates in the United States of America, there are certain employee rights that everyone should be aware of. The rights of employees as declared by law are something that every registered company in the United States needs to adhere to and an inability to do so means that the employee can challenge the company in court.

What You Should Know About Genetic Information Discrimination

Acquiring genetic information from employees is a form of employment discrimination, where an employer or insurance company treats people differently based on their genetic mutation. The genetic information also provides information about an inherited disorder, which may result in biasness and discrimination at various levels in a workplace. If you think you have been subjected to genetic information discrimination, you may have some questions in your mind. Here we have answered some of the frequently asked questions that clients ask from our attorney.

Suing Your Employer for Wrongful Termination After Quitting the Job

For an employee to file a wrongful termination claim, the general perception is that they must prove the employer fired them in violation of the employment contract or for unfair reasons. However, there are situations where an employee is forced to resign from their job because of intolerable or hostile working conditions. This is known as constructive discharge or constructive dismissal, where an employer creates such an environment for the employee that they have no choice left but to quit.

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