Author: msaawe

Retaliatory discharge of an employee without legitimate grounds to dismiss is a form of wrongful termination. An employer may act in retaliatory discharge due to revenge when an employee refuses to carry out a task that is either illegal or may go against general norms of the workplace. According to the Illinois Workers Compensation Act and the Illinois Human Rights Act, it is unlawful for an employer to engage in retaliatory discharge if an employee is exercising their legal rights. Retaliatory discharge is unlawful when an employee commits to following:

• Employee refusing to follow orders leading to a criminal offense or discrimination,
• Employees joining union activities,
• Employees seeking workers compensation,
• Employee testifying to seek worker compensation on behalf of others,
• Employees acting as whistleblowers.

If an employee acts as a whistleblower, they receive special protection under the Illinois Whistleblower Act. Although the employee’s suspicion does not need to be true, it is still important to disclose all suspected violations to government agencies. Employers are also prohibited from adopting policies that threaten employees from engaging in whistleblowing activities. An employee cannot discharge an employee for cooperating with a government agency or testify in a proceeding under Illinois’ Safety Inspection and Education Act.

Filling a Retaliatory Discharge Claims

An employee can officially seek an inquiry by filing a claim with the U.S. Equal Employment Opportunity Commission (EEOC) and with the U.S. Department of Labor within 30 days of illegal retaliation. An employer cannot retaliate against an employee for participating in an EEOC claim. However, retaliation due to legitimate poor performance, criminal offense, or holding toxic or illegal substances at work provides no protection. An employee can consult a competent Employment Law Attorney to manage claims and proceedings, or file lawsuit against an employer for compensation, damages or rehire.

Proving a Retaliatory Discharge Claims

An employee will be required to provide written, circumstantial and direct evidence proving:

•  An unlawful termination or discrimination happened,
•  An employee engaged in a protected activity or inquiry,
•  Ability to establish an unlawful punishment happened,

If all claims against an employer hold true, an employer can be asked to pay basic pay, worker compensation, future wages as punitive damages and any legal attorney fees.

If you want to know more about retaliatory discharge and proving your claims, make sure to schedule a free consultation by contacting the Law Offices of Joshua D. McCann, LTD to talk with an experienced employment lawyer.

Employment discrimination is as prevalent in the public sector as it is in the private sector. To ensure federal employees and private citizens are not subject to employment discrimination by federal agencies, the Equal Employment Opportunity Commission (EEOC) strives hard to enforce federal laws and provide for a robust discrimination reporting process.

Defining Federal Employment Discrimination

The Office of Special Counsel (OSC) and the Equal Employment Opportunity Commission (EEOC) ensure any employee who has the power to make decisions or take direct action is not violating federal discrimination laws.

They define federal employment discrimination as refusing a job to an applicant based on their race, color, sex, religion, political affiliation or marital status. They are also prohibited from coercing an employee, deceiving them, intimidate or influence anyone to withdraw from competitive practices, engage in any form of nepotism, retaliate against individuals who exercise their legal rights and disclose legal information, temper on the job performance reports, and discriminate against veterans. Moreover, individuals should ensure a safe working environment for all federal employees.

Filling a Complain

As a federal employee, if you think you are provided with unfair assignments and distribution of work, are rejected a lawful raise or bonus, were subject to harassment, are forced to work under hostile environment, or are subject to unfavorable transfers, you should file a complaint with the Equal Employment Opportunity Commission (EEOC) and take legal action against discriminators.

The first step includes contacting your nearest EEO Counselor and seeking a mediation program. If the mediation fails, a formal request should be filed within 15 days of receiving notice on how to file. The agency usually takes 180 days to investigate the matter and provide a report considering if the discrimination occurred. It is possible to appeal the decision and request a formal hearing against the case. The Illinois Department of Human Rights can also be contacted to officially file a discrimination charge.

Additionally, you can seek support from a skilled federal employment attorney who can guide you through the appeals process and file a lawsuit within the prescribed timeframe.

Preventing Discrimination

It is important to educate employees on the need to respect the difference in opinions and practices and to seek proper evidence before implicating individuals for inappropriate behavior. All federal agencies should train their supervisors and managers on how to respond and prevent discrimination, while human resource policies should provide all employees with a small brief that helps educate all. It is important to deal with all complaints confidentially.

If you want to know more about federal employment discrimination or wrongful termination in Illinois, make sure to schedule a free consultation, contact the Law Offices of Joshua D. McCann, LTD to talk with an experienced employment lawyer.

Even in 2019, employment discrimination is a subject of concern across many workplaces in the country. The issue of minimum wage, hiring people of certain race or ethnicity, forcefully asking employees to work under hostile environment or refusing to promote individuals because of personal enmity are some examples of employment discrimination. In such conditions, knowing your rights can help you overcome discrimination at the workplace and provide for a safe working environment.

Stay Aware of Your Rights

Employment discrimination laws prevent employers from rejecting individuals based upon their age, race, religion, ethnicity or sexual orientation. It also involves unlawful termination, promotions, or providing work that may lead to harassment. Because discrimination can result in individuals getting deprived of their property or liberty, there are various laws to support employees in the workplace. The Equal Pay Act helps every individual receive modest pay and a job – based on their skills, responsibilities and effort. It also holds true for pregnancy-based discrimination where employers refuse to provide working conditions, lawful promotions and equal pay to pregnant women. Title VII of the Civil Rights Act of 1964 prohibits employers and unions from providing employment based upon race, religion, sex, disability or national origin.

Likewise, The Age Discrimination in Employment Act (ADEA) ensures there is no discrimination based upon the age of an individual and provides guidelines on how pension and retirement plans are managed. Lastly, the Equal Employment Opportunity Commission (EEOC) continues to monitor and enforce federal laws, which help employees in Illinois and other states work with dignity and respect.

Educate Yourself about Discrimination

In an event of employment discrimination, it is important to stay aware of laws that help protect you and your peers. The Illinois Department of Human Rights provides a variety of resources on how to identify any discrimination happening to you or your peers. You can also consult a skilled employment attorney to increase your knowledge, highlight any issues you saw at your workplace, or lodge a formal complaint or legal filling of discrimination in accordance with the Illinois Human Rights Act. A discrimination charge can be filed within 300 days of the date of alleged discrimination.

Pay Attention to Actions

As an employee, it is important to stay aware of any discrimination taking place around you. Look for policies your workplace follows. Any discrimination and deviations should immediately be reported. Before implicating anyone for discrimination, know the background information and try to mediate the issue on a prompt basis.

If you want to know more about employment discrimination, make sure to schedule a free consultation by contacting the Law Offices of Joshua D. McCann, LTD to talk with an experienced employment lawyer.

At-will employment rule is a law in Illinois which indicates an employer can fire any employee for any given reason at any given time. However, if an employee is terminated for illegal reasons such as retaliation and discrimination, such termination will be considered as wrongful. By law, wrongful termination of an employee is a violation of their state and federal rights. Firing an employee based on gender, religious, sexual orientation and ethnicity will not be considered as at-will employment and it will instead be considered as wrongful termination.

Assessment of Claims Against Wrongful Termination

We have already explained the exceptions related to at-will employment in Illinois. In some instances, at-will employment will be applied as wrongful if there is proof of discrimination, retaliation or both. Violation of employment laws in Illinois can have severe repercussions for the employer. It’s essential for an employer to follow the necessary stipulations when they are willing to terminate an employee.

If you feel you were wrongfully terminated by your employer under the at-will employment clause, you have the right to discuss your case with a competent employment attorney.

To perform an assessment, you and your attorney must prove your employer wrongfully terminated you under the impression of at-will employment law. You have to provide evidence related to the following:

· Breach of contract by the employer

· Proving discrimination

· Proving retaliation for reporting illegal or unethical practices of the organization

To start with, you will be required to collect and share evidence regarding your breach of contract. If you and your employer have undergone an employment contract, which states your termination grounds, you can hold the employer responsible for wrongful termination on breach of contract grounds.

Also, if you were fired based on discrimination, then the employer might have to face strict ramifications for such termination under at-will employment law. In another situation, if you have witnessed your employer’s illegal or unethical practices and you were terminated for disclosing the illicit activities, you have the right to sue your employer for damages under wrongful termination.

If you want to know more about at-will employment law or wrongful termination in Illinois, make sure to schedule a free consultation, contact the Law Offices of Joshua D. McCann, LTD to talk with an experienced employment lawyer.

If your organization is covered under the Family and Medical Leave Act or FMLA, eligible employees can avail up to 12 weeks of job-protected, but unpaid leave under an FMLA qualifying event. There are different FMLA qualifying events, which make an employee eligible for leaves.

Serious Medical Condition

When an employee working for a company that is covered under the terms and conditions of the FMLA is seriously ill, that employee is qualified for leave under FMLA events. Broken or severely fractured bones, a serious illness that requires bed rest, epilepsy and recovering from surgery are some categories that limit an employee’s ability to perform to the best of their capabilities.

Serious Medical Condition of an Immediate Family Member

Another major qualifying event for FMLA is the serious health condition of an immediate family member. The conditions are pretty much the same for family members as they are for employees. If your immediate family member has a serious health condition and they require care, as a qualifying employee, you are entitled to leave under FMLA.

In such scenarios, you can also discuss your FMLA leaves case with an experienced employment attorney to know more about paid and unpaid leaves. Immediate family members include parents, children, spouse and grandparents. In-laws are not included in the FMLA leaves allotment event. In some states, same-sex partners are not covered under the FMLA, however, other states with additional legislation can avail leaves.

Birth of a Child or Adoption Placement Procedure

Depending on the scenario, if you have been expecting the birth of your child, women are entitled to maternity leaves under the FMLA. Paternal leaves are allotted to fathers who wish to take care of their partner and newborn. Similarly, due to any personal circumstances, if the employee is willing to give up their child for adoption placement, they are entitled to leaves under FMLA guidelines. If both parents are employed by the same company, then the company may request the employees to share their FMLA leaves.

All employees are covered under FMLA for any assigned unpaid or paid leaves. If you want to know more about FMLA qualifying events, make sure to schedule a free consultation by contacting the Law Offices of Joshua D. McCann, LTD at (847) 450-1103 to talk with an experienced employment lawyer.

What is an Employee Agreement?

An employment contract is an agreement based on the business relationship established between an employee and an employer, in accordance with the Employment Contract Act under the Illinois labor law. Under the Employment Contract Act, an employee agrees to work for an employer in return for timely wage payments and other benefits.

Why is an Employment Agreement Necessary?

Employee contracts or agreements are an essential part of any workplace. It determines the number of hours an employee is required to work. The contract includes crucial information such as conditions for termination, settling payments, job description and other different elements of a job.

Many employees do not work under a contract, which indicates they agree to perform the duties mentioned in the job description under an implied employment agreement. The Federal Government and the state predetermine most of the terms and conditions for an implied agreement also known as the Common Law. If you are unsure what to include in an employment contract, a skilled employment law attorney will help compile a contract for your employees.

Hiring a Highly Skilled Employee

There are certain jobs that require particular expertise and skill that makes them a rare find in the job market. For such highly skilled, difficult to replace employees, it’s essential to have a written employment agreement. Employers must provide an employee with an employment agreement that clearly explains:

1. Working conditions

2. Time and work duration for each day

3. Wages and benefits

4. The period of wage payment

5. Provisions to be followed in case of termination

Protecting Confidential Information

An employment agreement will be necessary if the company has some sensitive information accessible to employees. Agreements with employees help companies protect their trade secrets and other classified sensitive information. However, the Whistleblower Act in Illinois does provide protection against employer retaliation against an employee. Corporate espionage and data theft are serious crimes that could land the culprit in jail. An employment agreement will include the terms and conditions related to termination and possible action if an employee is caught sharing classified company information with a third party.

If you want to know more about employment contracts, retaliatory discharge, or any other employment law issue, don’t hesitate to schedule a free consultation. Contact the Law Offices of Joshua D. McCann, LTD to talk with an experienced wrongful termination lawyer.

Retaliation in the workplace occurs when an employee makes a complaint regarding malpractices, discrimination – or if an employee is accused of whistleblowing. In any case, the employer is not required to retaliate.

However, if an employee is punished and reprimanded by the employer for highlighting malpractices, discrimination or any other unethical or illegal activity of the employer and as a result, the employee is demoted or terminated, then these actions would be considered as retaliatory measures. Some of the most common examples of employer retaliation are below.

Demotion

When a company demotes an employee for a complaint regarding discrimination, sexual harassment or any other complaint, it is a classic example of employer retaliation. Demoting an employee for a valid complain is unethical and illegal. If you believe you are a victim of employer retaliation, you should immediately talk about the incident with a skilled employment discrimination lawyer to find your best solution.

Reassignment of an Employee

In the aftermath of a whistle-blowing incident, or any other situation where an employee complains about the employer, chances are high the employee might find themselves reassigned. The sudden, unexpected reassignment is usually less than the employee’s capabilities. To make things worse, superiors can force an employee to work with limited resources. All these retaliatory measures are deemed unethical and unlawful by Occupational Safety and Health Administration OSHA.

Preventing a Promotion

Employer retaliation includes preventing a promotion of an employee, despite knowing the fact this particular employee will excel in the new position. The supervisor and senior management are instructed to provide a negative performance review. The performance review is a permanent part of employment records, which negatively reflects the overall performance.

Also, a supervisor may provide a negative recommendation if the employee seeks a better position at the company. Actions like these require you to speak with an experienced retaliatory discharge attorney and seek assistance in suing your employer.

Intimidation and Coercion

One of the worst forms of employer retaliation is intimidating and coercing an employee. Making verbal or any other visible threats to an employee is a crime and it’s essential for you to discuss your workplace intimidation and coercion with a skilled retaliatory discharge attorney.

If you feel you are a victim of retaliatory discharge for highlighting any malpractice of your company, seeking an attorney to settle the matter is the best option. If you want to know more about retaliatory discharge or schedule a free consultation, contact the Law Offices of Joshua D. McCann, LTD to talk with an experienced wrongful termination lawyer.

Workplace confidentiality is essential. Generally, employees are warned about disclosing any information related to the company or the nature of their work. Employers have issued warnings to employees, urging them to refrain from disclosing trade secrets to anyone, including their family members.

Invasion of Privacy by Employer

However, what happens when an employer shares trade secrets or speaks to an employee’s family members about the company and the employee’s personal matters? The Illinois Right to Privacy in the Workplace Act determines an employer must refrain from disclosing personal or work-related information related to an employee with anyone.

The Act prevents an employer from disclosing any information about an employee to their family members. If an employer is found sharing any biometric information and discussing workplace matters of an employee with family members of that particular employee, then this shall be considered an infringement of the privacy policy.

Similarly, if a former employer is providing personal or misleading information to your family or your current employer, you can talk to an experienced employment attorney to sue your former employer for violation of the privacy laws.

New Amendments in Privacy Laws in Illinois

The new amendments in Illinois Right to Privacy in the Workplace Act (IRPWA) have expanded to restrict employers from soliciting information, such as usernames and passwords, to get access to an employee’s social media or email accounts.

An employer cannot use biometric information to gain access to any online account of an employee. Similarly, contacting a family member online and sharing work-related information with the family of an employee is illegal and considered a violation of the privacy act. It will be unlawful if an employer eavesdrops on their employees through surveillance like audio and video recording. Sharing such sensitive information with anyone including the family of an employee is a criminal offense.

Role of the HR Department

If an employee complains to an HR department about the employer’s alleged information sharing with the employee’s family, the HR department should decide to reprimand the employer for privacy policy infringement. To be on the safe side, hire a skilled employment attorney who understands the legal and professional requirements of a privacy violation case.

An employer will be in breach of the privacy policy if he/she is allegedly sharing or soliciting any personal information with the family members of that particular employee, which includes but is not limited to the following:

1. Financial information

2. Personal information

3. Work-related matters

4. Bio-metric information

5. Medical information

Any infringement will result in a lawsuit against the employer; an experienced attorney will decide how to move your case forward.

If you want to know more about employee privacy laws or require legal assistance in any other employment issue, schedule a free consultation with us; contact the Law Offices of Joshua D. McCann, LTD to talk with an experienced employment lawyer.

Pregnancy discrimination claims in the workplace are growing each day. As a result of this rising unfortunate trend, employers are facing exposure and liability. In 2018, about 2,790 pregnancy discrimination cases were filed with the Equal Employment Opportunity Commission. An employer must take necessary steps to prevent pregnancy discrimination at workplace. Let us take a closer look at pregnancy discrimination and take some preventive measures to reduce this form of discrimination.

What Is Pregnancy Discrimination?

According to the U.S. Equal Employment Opportunity Commission, pregnancy discrimination includes any action that results in treating a woman, whether a potential job applicant or an employee, unfavorably due to her pregnancy, or any other pregnancy-related medical condition associated with childbirth. The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964.

How to Prevent Pregnancy Discrimination

The Illinois Human Rights Act has put a ban on pregnancy discrimination, childbirth and any other medical condition associated with childbirth and pregnancy. The Act covers any organization that employs more than 15 staff members. Companies are required by law to treat pregnant women like any other employee. Companies should take the following steps to prevent pregnancy discrimination in the workplace.

Instill best Practices of Equality Within the Workplace

Pregnancy discrimination can be prevented by instilling the best practices of tolerance and equality within the workplace. These best practices include training managers and other employees about the law related to pregnancy discrimination. You can speak with a proficient attorney with years of professional experience in dealing with pregnancy discrimination cases.

Prompt Management Response Against Discrimination Complaint

If you receive a complaint from your female employee about any kind of discrimination related to her pregnancy or childbirth within the workplace, management must have a policy to take swift action. Assist the discrimination employee and evaluate every aspect of the incident. A thorough investigation is essential.

Do Not Make Unnecessary Work Accommodations

Another essential step that could prevent discrimination against pregnant women is to not make any work-related accommodations the employee did not wish or did not request. If an employee makes a request, then the employer can provide minor accommodations, like allowing her a few minutes off work to breastfeed or any other requests that would make it easier for her to work during pregnancy and after childbirth.

If you want to know more about pregnancy discrimination or require legal assistance in any other employment issue, schedule a free consultation with us; contact the Law Offices of Joshua D. McCann, LTD to talk with an experienced employment lawyer.

At-Will Employment in Illinois

Illinois is an At-Will employment state, which means employers hold the right to terminate an employee for any reason at any time. If you are working with your employer under a contract, then the terms and conditions of the contract will determine if your employer can terminate you or not. In the absence of any mutual contract between employee and employer in Illinois would indicate you are working as an “at-will employee.” This designates that your employer can fire you at any time for any given reason they seem, fit as long as it’s not illegal under the federal and state laws.

What if You are Wrongfully Terminated?

Wrongful termination laws protect employees by providing employers with a set of rules and standards to follow when they decide to fire an employee. There are federal and state laws that indicate when it is permissible to terminate an employee. Employers are not allowed to terminate an employee based on:

1. Religious beliefs and practices

2. Sexual orientation

3. Gender

4. Ethnicity

5. Nation of origin

6. Discrimination based on personal beliefs and opinions

Termination based on the aforementioned reasons, or any other form of discrimination, is termed as illegal or wrongful termination. If you believe you have been wrongfully terminated, speaking to a skilled employment attorney will help challenge your unlawful termination.

Assessing the Claims for Wrongful Termination

An experienced employment attorney will help review your case of wrongful termination in detail and assess the various circumstances of any perceived retaliation or discrimination. The assessment will help identify the different reasons that led to your unlawful termination. In this regard, it is essential to collect any relevant paperwork that can be used as proof of employment. Retain any memos, emails and other document forms to prove an unlawful termination. While assessing the termination, it is essential to take a look at:

1. Violation of company rules and policy

2. Misuse of organizational assets for your own personal use

3. The lawyer will check if you were a part of any workplace disturbances

4. Did the company fire you because of your race, gender, sexual orientation, or ethnic background

5. Absenteeism on your part or uninformed leaves

6. Insubordination

7. Poor job performance

If you are not guilty of any of the misconducts mentioned above, but still were fired while you were in a contract, then it’s essential to fight your unlawful termination.

If you want to know more about things to remember when hiring a lawyer, or want to schedule a free consultation, contact the Law Offices of Joshua D. McCann, LTD to talk with an experienced employment lawyer.