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Employment Law

Need employment law advice? Your employee’s hungry attorney knows the latest on employment at will, reasonable accommodations, and more.

Minimize employer liability, optimize labor relations, bullet-proof your employee handbook and update your knowledge of ADA guidelines with our employment law advice.

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If you need to fire an employee for unethical actions, how you handle the termination may mean the difference between winning and losing a defamation lawsuit. Most important: Share information about the termination only with those who need to know about it.

Employers that find themselves in the cross hairs of the National Labor Relations Board should get expert legal help, especially if charged with unfair labor practices. That’s because once the NLRB concludes you fired employees for engaging in protected activity, it is very hard to argue against those employees’ eventual reinstatement.

Employers are always looking for ways to reduce their workers’ compensation costs. Maybe making off-the-books payments to a state official isn’t the best way to go about it ...
St. Cloud Veterans Affairs Health Care System facility faces 19 health and safety violations after OSHA inspectors found eight repeat safety violations for such hazards as inadequate guardrails, blocked exit routes and failure to protect workers against electrical shocks.

The EEOC is supposed to engage in a conciliation process before suing employers for alleged employment violations. But sometimes the agency comes out with guns blazing, demanding a huge payment to settle a complaint. Some employers naturally respond negatively—and they may even walk away without further discussions. One employer recently did just that, and then tried to get a federal court to dismiss the EEOC lawsuit.

Recently, the National Labor Relations Board held that class-action waivers violate em­­ployees’ rights to engage in concerted activity. In D.R. Horton, the NLRB said that employers may not compel employees to waive their NLRA rights to collectively pursue litigation of employment claims in all forums, arbitral and judicial. What does that mean for employers?
There’s whistle-blowing and then there’s setting up one’s employer for a lawsuit. Genuine whistle-blowers are protected from retaliation. Those looking to make a quick buck are not.
Q. We are aware that the Illinois Civil Union Act is in effect. Could you please tell us more about it?
Q. We recently hired a deaf employee who communicates exclusively by written notes. We are finding that this process is time-consuming and harms productivity. May we require the deaf worker and his supervisor to learn sign language? Can we terminate them if they refuse?

In January, the National Labor Relations Board held that employers may not require employees to sign arbitration agreements that waive their rights to bring class or collective actions. The D.R. Horton decision will probably be appealed. In the meantime, however, the ruling holds important implications for employers.

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