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Table of Contents
-
List of Forms by Chapter - Chapter 1 — Federal and State Labor Regulation
- I. [1.1] Overview
-
II. Key Federal Statutes Regulating Employment - III. Key Illinois Statutes Regulating Employment
- IV. Preemption
- [1.14] Concept
- Prominent Illustrations of Preemption Issues
- Federal Labor Laws
- [1.15] Choice-of-Law Preemption
- [1.16] Forum Preemption
- [1.17] Free Play Preemption
- [1.18] Wage-and-Hour Laws
- [1.19] Illinois Safety Laws
- [1.20] Employee Retirement Income Security Act
- [1.21] Employment Discrimination
- [1.22] Other Preemption Problems
- V. Preemption’s Parallel: Exclusive State Statutory Remedies
- VI. Preclusion: Res Judicata and Collateral Estoppel
- [1.26] Overview
- Potential Preclusion Scenarios
- [1.27] Employees Covered by Union Contract
- [1.28] Employees Who Have Pursued Equal Employment Opportunity Claims
- [1.29] Employees Who Have Pursued Unemployment Compensation Claims
- [1.30] Employees Who Have Pursued Workers’ Compensation Claims or Social Security Benefits
- [1.31] Forum-Shopping Problem
- [1.32] Mandatory Arbitration
- VII. [1.33] Borrowing: Statutory Law Cases as Source for Common-Law Developments
- VIII. [1.34] For the Future: A Comprehensive Employment Statute?
- Chapter 2 — Employment Discrimination and Discharge
- I. Statutory Overview
- [2.1] Introduction
- [2.2] State Sovereign Immunity
- [2.3] Title VII of the Civil Rights Act of 1964
- [2.4] Civil Rights Act of 1991
- [2.5] Age Discrimination in Employment Act of 1967; Older Workers Benefit Protection Act
- [2.6] Rehabilitation Act of 1973
- [2.7] Americans with Disabilities Act of 1990; ADA Amendments Act of 2008; Genetic Information Nondiscrimination Act of 2008
- [2.8] Equal Pay Act
- [2.9] Executive Orders
- [2.10] 42 U.S.C. §1983
- [2.11] Veterans’ Rights
- [2.12] Pregnancy Discrimination Act
- [2.13] Family and Medical Leave Act
- [2.14] Illinois Human Rights Act
- [2.15] City of Chicago and Cook County Human Rights Ordinances
- [2.16] Tort Claims — Retaliatory Discharge
- II. Administrative Framework
- III. Administrative Procedure
- [2.21] Employers Subject to Title VII
- Timing Requirements — General Rule
- [2.22] Title VII and the Americans with Disabilities Act
- [2.23] Equal Pay Act
- [2.24] Americans with Disabilities Act
- [2.25] Rehabilitation Act
- [2.26] 42 U.S.C. §1983
- [2.27] Tort Actions
- [2.28] Timing Requirements in Deferral States
- [2.29] State Filings in Other Circuits
- [2.30] Timing Requirements for Age Cases
- [2.31] Illinois Department of Human Rights
- [2.32] Timely State Filings
- [2.33] Work-Sharing Agreements
- [2.34] State Procedure Following the Charge
- [2.35] “Perfected” Charges Before the Illinois Department of Human Rights
- [2.36] The Role of the Investigator
- [2.37] The Investigator’s Report
- [2.38] Department Action on Investigator’s Recommendation
- [2.39] Conciliation
- [2.40] Complaint
- [2.41] Individual Filings and Timeliness
- [2.42] Service
- [2.43] Discovery
- [2.44] Hearing
- [2.45] Review by Commission
- [2.46] EEOC Procedure
- [2.47] Private Right of Action Under Title VII
- IV. Models of Proof
- [2.48] Introduction
- [2.49] Disparate Impact
- [2.50] Prima Facie Case
- [2.51] Employer Burden
- [2.52] Disparate Treatment
- [2.53] Prima Facie Case
- [2.54] Employer’s Showing and Plaintiff’s Rebuttal Opportunity
- [2.55] Pretext
- [2.56] The Role of Intent
- [2.57] Accommodation
- [2.58] Prima Facie Case for Discrimination Based on Disability
- [2.59] Employer’s Burden
- [2.60] Retaliation
- [2.61] The Bona Fide Occupational Qualification Defense
- [2.62] Mixed-Motive Cases
- [2.63] Harassment
- V. Types of Evidence
- VI. Remedies
- Chapter 3 — Contractual Exceptions to the Employment-at-Will Doctrine
- I. [3.1] Scope of Chapter
- II. [3.2] Presumption of Employment at Will
- III. Contractual Modification of Employment-at-Will Doctrine
- Written Modifications of Employment-at-Will Doctrine
- [3.3] Duldulao v. Saint Mary of Nazareth Hospital Center: Handbooks as Contractual Modification of Employment-at-Will Doctrine
- [3.4] Requirement That Employer’s Policy Statement Constitute Clear Promise
- [3.5] Cases finding that employer’s policy statement was clear promise
- [3.6] Cases finding that employer’s policy statement was not clear promise
- [3.7] Requirement That Employer’s Statement Be Disseminated
- Requirement that employee be aware of employer’s statement
- [3.8] Cases finding that employee was sufficiently aware of employer’s statement
- [3.9] Cases finding that employee was not sufficiently aware of employer’s statement
- [3.10] Requirement that employee reasonably believed employer’s statement to be offer
- [3.11] Cases finding that employee reasonably believed that employer’s statement was offer
- [3.12] Cases finding that employee could not reasonably believe that employer’s statement was offer
- [3.13] Requirement That Employee Accept Employer’s Offer
- [3.14] Employer Disclaimers
- [3.15] Cases Finding Employer’s Disclaimer Effective
- [3.16] Cases Finding Employer’s Disclaimer Ineffective
- [3.17] Other Writings as Modification of Employment-at-Will Doctrine
- Oral Modifications of Employment-at-Will Doctrine
- [3.18] Contracts Based on Oral Representations; Permanent Employment
- [3.19] Promises of Specific Duration or Benefit
- [3.20] Application of Statute of Frauds
- [3.21] Employer’s Ability To Unilaterally Modify Its Policy Statement
- IV. [3.22] Promissory Estoppel
- V. Other Issues
- Chapter 4 — Retaliatory Discharge — The Public Policy Doctrine
- I. [4.1] Introduction
- II. [4.2] The Whistleblower Act, Its Development, and Its Impact on the Retaliatory-Discharge Tort
- III. [4.3] Review of Elements of Common-Law Retaliatory Discharge
- Requirement of Actual Discharge
- [4.4] Actual Discharge Required
- [4.5] What Qualifies as an Actual Discharge?
- [4.6] Causal Connection Between Discharge and Protected Conduct
- [4.7] Public Policies
- [4.8] General Standards To Determine Whether a Public Policy Supports a Retaliatory-Discharge Claim
- [4.9] Recent Decisions Examining Public Policies After Turner
- [4.10] Taxonomy of Public Policies Sufficient To Support Retaliatory Discharge
- [4.11] Reporting of Criminal Activity
- [4.12] Policies Affecting Health and Safety vs. Social or Economic Regulations
- [4.13] Public vs. Individual Grievances
- [4.14] Factors Based on the Conduct of the Plaintiff
- [4.15] Statutory vs. Judicial Law
- [4.16] Federal vs. State Law
- [4.17] Internal and External Whistleblowers
- [4.18] Health and Safety
- [4.19] Trade Regulations
- [4.20] Professional Ethics
- [4.21] Civil Duties
- [4.22] Employee Statutory Rights
- [4.23] Implying Private Right of Action
- [4.24] Laws That Provide Express Cause of Action
- [4.25] Laws Protecting Only Individual Rather than Public Rights
- [4.26] Workers’ Compensation
- [4.27] Individual Rights
- [4.28] Employee Good-Faith Issue
- IV. Preemption
- V. Other Issues
- VI. [4.40] Appendix — Retaliatory-Discharge Checklist
- Chapter 5 — Employment Torts
- I. Introduction
- II. Causes Typically Arising from Recruiting/Hiring Process
- [5.5] Promissory Estoppel
- [5.6] Elements of the Case
- [5.7] Unambiguous Promise
- [5.8] Reasonable Reliance on Promise to Plaintiff’s Detriment when Reliance Was Foreseen or Foreseeable
- [5.9] Defenses
- [5.10] Fraud
- [5.11] Fraudulent Misrepresentation — Elements of the Case
- [5.12] False Statement of Material Fact
- [5.13] Made with Knowledge of Falsity
- [5.14] Plaintiff Acts in Reasonable Reliance on the Truth of the Statement
- [5.15] Plaintiff Suffers Damages as a Result of Reliance
- Negligent Misrepresentation
- [5.16] In General
- [5.17] Elements of the Case
- [5.18] Tortious Interference with Contractual Relationship
- [5.19] Existence of Enforceable Contract
- [5.20] Intentional and Unjustified Inducement
- [5.21] Tortious Interference with Prospective Business/Economic Advantage
- [5.22] Tortious Interference with Employment Expectancy
- III. Causes Typically Arising from Job Discipline or Performance
- [5.23] General Theories of Negligent Hiring, Retention, Supervision, Training, or Entrustment
- [5.24] Negligent Hiring
- [5.25] Negligent Retention
- [5.26] Negligent Supervision
- [5.27] Negligent Training
- [5.28] Negligent Entrustment
- Intentional Infliction of Emotional Distress
- [5.29] Elements of the Case
- [5.30] Defenses
- [5.31] Statute of Limitations
- IV. Causes Typically Arising from Implementing Termination Decisions
- [5.32] Retaliatory or Wrongful Discharge
- [5.33] Elements of Retaliatory-Discharge Case
- [5.34] Causation
- [5.35] Pretext
- [5.36] Public Policy
- [5.37] Defense: Unclean Hands
- [5.38] Defamation
- [5.39] Elements of the Case
- Defenses
- [5.40] Innocent-Construction Rule
- [5.41] Opinion
- [5.42] Qualified Privileges
- [5.43] Truth
- [5.44] Investigation
- [5.45] Fair-report privilege
- [5.46] Absolute Privileges
- [5.47] Statute of Limitations
- V. Torts Potentially Arising from Theft/Embezzlement Scenarios
- [5.48] False Imprisonment
- [5.49] Elements of the Case
- [5.50] Restraint of Liberty
- [5.51] Caused by Defendant
- [5.52] Without Probable Cause or Reasonable Grounds
- Defenses
- [5.53] Consent
- [5.54] Existence of Probable Cause
- [5.55] Merchant’s Defense
- [5.56] Malicious Prosecution
- [5.57] Elements of the Case
- [5.58] Commencement of Original Proceeding by Defendant
- [5.59] Termination of Proceeding in Favor of Plaintiff
- [5.60] Probable Cause
- [5.61] Malice
- Damages
- [5.62] When underlying case is criminal case, special injury not required
- [5.63] When underlying case is civil case, special injury required
- Defenses
- [5.64] Factual Defense
- [5.65] Advice of Counsel
- [5.66] Invasion of Privacy
- [5.67] Intrusion upon Seclusion
- [5.68] Public Disclosure of Private Facts
- [5.69] Actual or Implied Consent as Defense to Privacy Torts
- [5.70] Considerations with Social Media
- VI. Common Tort Defenses
- VII. [5.74] Conclusion
- Chapter 6 — Employee Plan Issues Arising in Individual Employment Terminations
- I. Introduction
- [6.1] Scope of Chapter
- [6.2] Useful Websites
- Principal Federal Statutes
- [6.3] Employee Retirement Income Security Act
- [6.4] Internal Revenue Code
- [6.5] Age Discrimination in Employment Act
- [6.6] Americans with Disabilities Act
- [6.7] Uniformed Services Employment and Reemployment Rights Act
- A Short (and Incomplete) Primer on ERISA
- [6.8] ERISA Preemption of State Law; Insurance Exception
- [6.9] ERISA Requires a Written Instrument
- [6.10] Employee Benefit Plans
- [6.11] Employee Pension Benefit Plan
- Employee Welfare Benefit Plan
- [6.12] In general
- [6.13] Payroll practices not subject to ERISA
- [6.14] Certain voluntary group insurance policies not subject to ERISA
- [6.15] Exhaustion of Administrative Remedies
- [6.16] Standard of Judicial Review in Benefit Claims Litigation
- [6.17] De Novo Review vs. Deferential Review
- [6.18] Limitations on Scope of Discovery in Benefits Claims Litigation
- [6.19] Effect of Administrator Conflict of Interest on Standard of Review
- [6.20] Limitations on Evidence Allowed in Benefits Claims Litigation
- [6.21] Limited Remedies Under ERISA
- [6.22] Attorneys’ Fees Shifting
- II. Wrongful-Discharge Claims Under ERISA
- [6.23] Section 510 of ERISA
- [6.24] Plan Is Not a Proper Party
- [6.25] Standing: Generally Requires a Participant or Beneficiary in a Plan
- [6.26] Preemption of State Claims for Conduct Within the Scope of §510
- [6.27] Conduct That May Trigger a §510 Claim
- [6.28] Employment Termination
- [6.29] Threats of Violence
- [6.30] Eliminating Benefits by Discharging Workers
- Conduct Courts Have Held To Be Not Covered by §510
- [6.31] Amending the Plan To Discriminate Against a Person or a Group
- [6.32] Not Rehiring a Former Employee
- [6.33] Not Firing an Employee
- [6.34] Hiring a Temporary Employee
- [6.35] Misrepresenting an Employee’s Duties
- [6.36] Misclassifying an Employee as an Independent Contractor
- Proving Up the Case
- [6.37] Plaintiff Must Show Specific Intent To Interfere
- [6.38] Method To Prove Improper Interference
- Burden-Shifting Approach for Circumstantial Evidence
- [6.39] Plaintiff’s Prima Facie Case
- [6.40] Defendant’s Reason for the Employment Action
- [6.41] Is the Defendant’s Reason a Pretext?
- [6.42] Exhaustion of Administrative Remedies
- [6.43] Statute of Limitations
- What Remedies May Be Awarded?
- [6.44] Injunctions and Appropriate Equitable Relief
- [6.45] Restitution
- [6.46] Reinstatement of Employment
- [6.47] Front Pay in Lieu of Reinstatement
- [6.48] Backpay
- [6.49] Remedies After the Supreme Court’s Decision in Amara
- III. Wrongful-Discharge Claims Relating to Employee Plans Under the ADEA and ADA
- IV. COBRA Continuation Coverage
- [6.55] Overview
- [6.56] Treasury Regulations
- [6.57] Employment-Related Qualifying Events
- [6.58] Loss of Coverage
- [6.59] Duration of COBRA Coverage
- Employee Gross Misconduct Exception to Offering COBRA Coverage
- [6.60] Definition of “Gross Misconduct”
- [6.61] Rights of Employee’s Dependents
- [6.62] Employer’s Burden To Establish Gross Misconduct
- Providing Notice of Election Rights upon COBRA Eligibility
- [6.63] When Notice of COBRA Rights Is To Be Provided
- [6.64] Obligation To Provide Notice of COBRA Rights
- [6.65] Method of Providing Notice of COBRA Rights
- [6.66] Qualified Beneficiary’s Election of COBRA Coverage
- [6.67] Tolling of COBRA Election Period
- [6.68] Temporary Extended Election Period
- [6.69] Start of Minimum 60-Day Election Period
- [6.70] No Form or Writing Requirement
- Paying for COBRA Coverage
- [6.71] Premium Requirements
- Time for Paying Premiums
- [6.72] 45-Day Period After Election for Initial Payment
- [6.73] 30-Day Grace Period for Payments Other than Initial Payment
- [6.74] Late Election Notices and Large Retroactive Premiums
- [6.75] Cutting Off COBRA Coverage Early
- [6.76] Upon Coverage Under Another Plan After Electing COBRA
- [6.77] Upon End of Group Health Plan
- [6.78] Upon Enrolling in Medicare After Electing COBRA
- [6.79] Estoppel Claims Under COBRA
- [6.80] Coordination of COBRA Benefits and New Employer Plan
- Consequences of Failing To Comply with COBRA Requirements
- [6.81] Reinstatement of Coverage
- [6.82] Preliminary Injunction for Interim Coverage
- [6.83] Statutory Penalties and Other Relief Under ERISA §502(c)
- [6.84] Statute of Limitations
- [6.85] Arbitration of COBRA Claims
- V. Severance Pay Benefits, Plans, and Arrangements
- Which Severance Pay Plans Are Subject to ERISA?
- [6.86] One-Person ERISA Plans
- [6.87] Is There an Ongoing Administrative Scheme?
- [6.88] Decisions on Severance Pay Arrangements Subject to ERISA
- [6.89] Severance Pay in Pension Plans; ERISA’s Anti-Cutback Rule
- [6.90] Conditioning Severance Pay Benefits on Releases of Employment Claims
- Cutback of Severance Pay Plans
- [6.91] Amending Severance Pay Plans To Reduce Benefits
- [6.92] Required Notice to Employees of Cutbacks
- [6.93] Severance Pay Generally Not Used in Determining Retirement Plan Benefits
- Structuring Separation Pay Arrangements in Light of Code §409A Restrictions and Sanctions
- [6.94] Section 409A Generally
- [6.95] Collectively Bargained Separation Pay Arrangements
- [6.96] Separation Pay Arrangements Covering Involuntary Separations
- [6.97] Separation Pay Arrangements for Small Aggregate Amounts
- [6.98] Separation Pay Under Certain Voluntary Window Programs
- VI. Miscellaneous Employee Plan Issues
- [6.99] Rights of Veterans and Members of the Armed Forces
- [6.100] Certificate of Creditable Coverage for Group Health Plans
- Rights Under Illinois Law To Convert or Continue Group Health Insurance
- [6.101] Group Health Insurance Continuation Rights Generally
- [6.102] Special Continuation Rights for Spouses Age 55 and Older and Dependent Children
- [6.103] Special Supplemental Continuation Rights for Dependent Children
- [6.104] Group Accident and Health Insurance Conversion Rights
- [6.105] Plan Fiduciary Duties To Properly Advise Terminating Employees
- [6.106] Attachment or Garnishment of Terminated Employee’s Plan Benefits
- Chapter 7 — Special Employee Plan Issues Arising in Mass Employment Terminations
- I. [7.1] Introduction
- II. [7.2] Cutbacks of Severance Benefits Just Prior To Downsizing
- III. Partial Terminations of Retirement Plans
- [7.3] Consequence of Partial Termination: 100-Percent Vesting
- [7.4] Occurrence of Partial Termination
- [7.5] Partial Termination upon a Significant Reduction of Workforce
- [7.6] Decrease in Plan Participation of 20 Percent or More of Workforce
- [7.7] Decrease in Plan Participation of Less than 20 Percent of Workforce
- [7.8] Calculation of Turnover Rate
- [7.9] Applicable Period
- [7.10] Standard of Review
- [7.11] Partial Termination of Defined-Benefit Plan
- [7.12] Years of Service for Vesting Purposes When Accruals Resume After a Partial Termination
- IV. Use of Window Period Early Retirement Programs
- Applicability of the Age Discrimination in Employment Act
- [7.13] Affirmative Defense for a “Voluntary Early Retirement Incentive Plan”
- [7.14] Is the Plan “Bona Fide”?
- [7.15] Is the Plan “Voluntary”?
- [7.16] Is the Plan a “Subterfuge”?
- [7.17] Are the Features of the Plan Consistent with the Purposes of the ADEA?
- [7.18] How Is the Obvious Disparate Impact on Older Workers Judged?
- Applicability of the Employee Retirement Income Security Act
- [7.19] ERISA Preemption and Compliance
- [7.20] Is the Early Retirement Incentive Program Subject to ERISA?
- [7.21] Is the Early Retirement Incentive Program a “Welfare Plan” or a “Pension Plan”?
- [7.22] Selection of Employees Eligible for Early Retirement Plan
- [7.23] Funding Early Retirement Incentives with Pension Plan Assets
- Conditioning Early Retirement Incentives on Releases of Claims
- [7.24] In General
- [7.25] Release of ERISA Claims
- Duty To Notify of Anticipated Early Retirement Incentives
- [7.26] “Serious Consideration” Test
- [7.27] Fraud Exception to Normal Statute of Limitations
- [7.28] Coordination with Regular Severance Pay Programs
- [7.29] Structuring Voluntary Early Retirement Window Programs To Avoid Code §409A Restrictions and Sanctions
- V. Multiemployer Plan Withdrawal Liability
- [7.30] Overview of Multiemployer Plan Withdrawal Liability
- [7.31] Amount of Withdrawal Liability Generally
- [7.32] Contesting the Amount of Withdrawal Liability
- [7.33] Definitions of “Complete Withdrawal” and “Partial Withdrawal”
- [7.34] Actions Taken To Evade or Avoid Withdrawal Liability — No Shield
- [7.35] Arbitration Between Employer and Multiemployer Plan
- [7.36] Asset Sale Exception and Avoiding Withdrawal Liability
- Liable Parties Beyond Withdrawing Employer
- [7.37] Parent, Subsidiaries, and Brother-Sister Corporations and Businesses
- [7.38] Owners and Partners
- [7.39] Successor Companies, Including Unrelated Buyers of Businesses
- VI. [7.40] Employment Terminations in Sales of Business Units
- [7.41] Fiduciary Duties to Transferring Employees
- [7.42] Severance Pay Plan Triggered Upon Sale of Business Unit
- [7.43] Whether a Period of Unemployment Is Required at All
- [7.44] De Minimis Employment with the Buyer
- [7.45] Failure To Take Job with New Employer
- [7.46] Amendment of Severance Pay Plan Prior to Sale
- [7.47] Employer Reconsiders and Keeps Facility Open
- Claims of Unlawful Discharge Under ERISA §510
- [7.48] Sale of a Division of a Corporate Employer
- [7.49] Targeting for Termination Employees on Medical or Disability Leave
- [7.50] COBRA Continuation Coverage in Mergers and Acquisitions
- [7.51] Treasury Regulations
- [7.52] Caselaw
- Chapter 8 — Criminal Law in the Workplace
- I. [8.1] Introduction
- II. [8.2] The Employment Relationship Generally
- III. [8.3] Retaliation Against Employee Reporting Crime
- IV. [8.4] Employer’s Liability Under Theory of Respondeat Superior
- V. [8.5] Criminal Liability of Corporations
- VI. [8.6] Defenses to Criminal Liability
- VII. [8.10] Criminal Liability of Businesses Other than Corporations
- VIII. [8.11] Unique Considerations for Alleged Criminal Liability of Government Employees
- IX. [8.12] Preemption by Federal Law
- X. [8.13] Conclusion
- Chapter 9 — Partners and Minority Shareholders
- I. Scope of Chapter
- II. [9.10] Identifying a Partnership
- III. Rights of a Partner
- [9.17] Primacy of the Partnership Agreement
- [9.18] Summary of General Uniform Partnership Act (1997) Provisions
- [9.19] Equitable Doctrine of Fiduciary Duty
- [9.20] Duty of Honesty
- [9.21] Duty of Loyalty
- [9.22] Duty of Good Faith or Fairness
- [9.23] Duty of Due Care and Diligence
- Dissolution, Dissociation, and Expulsion of Partners
- [9.24] UPA (1997) Provisions on Dissolution, Dissociation, and Expulsion
- [9.25] Contract Provisions
- [9.26] Partnership at Will
- [9.27] Partnership Termination on Condition
- [9.28] Partnership Termination for Breach of Partnership Duties
- [9.29] Provisions on Retirement Benefits
- [9.30] Provisions on Severance Benefits
- [9.31] Fiduciary Duty
- [9.32] When Fiduciary Duties Apply
- [9.33] Broad Sweep of Fiduciary Duties
- [9.34] Misappropriation of Assets or Goodwill
- [9.35] Limited Partnerships and Derivative Actions
- Remedies
- [9.36] Specific Performance
- [9.37] Redemption of Partnership Interest
- [9.38] Liquidation and Accounting
- [9.39] Buy-Sell Agreement Disputes
- [9.40] Disposition of Assets Upon Dissolution
- [9.41] Accounting as Prerequisite to Suit
- [9.42] Suit for Damages
- [9.43] Nullification of Covenant Not To Compete
- [9.44] Injunctive Relief
- [9.45] Indemnification and Advancement of Legal Expenses
- IV. Minority Shareholder Employment Rights
- [9.46] Minority Shareholders in Closely Held Corporations
- [9.47] Choice of Law
- [9.48] Definition of a “Closely Held Corporation”
- [9.49] Importance of Delaware Law
- [9.50] Limited Liability Companies and Limited Liability Partnerships
- [9.51] Rights Under Shareholders’ Agreement
- [9.52] Majority Rule vs. Minority Oppression
- [9.53] Fiduciary Duty Limits on Majority Control
- [9.54] Explanation of Scope of Fiduciary Duty
- [9.55] Business-Judgment Rule
- [9.56] Limitation on Director Liability Authorized by Statute
- [9.57] Duty of Loyalty
- [9.58] Conflict of interest transactions and self-dealing
- [9.59] Independent judgment
- [9.60] Related companies
- [9.61] Competing with the company
- [9.62] Taking the company’s goodwill
- [9.63] Duty of Care
- [9.64] Duty of Honesty and Good Faith
- [9.65] Illinois Statute on Director Conflict of Interest
- [9.66] Corporate Opportunity Doctrine
- [9.67] Fiduciary Duty Breach Must Be Material and Willful
- [9.68] Remedies for Breach of Fiduciary Duty
- [9.69] Persons Owing Fiduciary Obligations
- [9.70] Persons to Whom Fiduciary Duties Are Owed
- [9.71] Enforcement by Individual or Derivative Action
- [9.72] Right To Recover Attorneys’ Fees
- [9.73] Distinguishing Individual from Derivative Claims
- [9.74] Demand Requirement and Futility Exception
- [9.75] Termination of Suit Through Independent Board Committee Decision
- [9.76] Minority Shareholder Right to Compliance with Corporate Formalities
- [9.77] Minority Shareholder Right To Inspect Corporate Books and Records
- [9.78] Common-Law Remedies of Minority Shareholders
- [9.79] Squeeze-Out by Elimination of Minority Interest
- [9.80] Squeeze-Out by Acquisition of Company’s Business
- [9.81] Freeze-Out or Cash-Out Mergers That Eliminate Minority Interest
- [9.82] Minority Shareholder Right to Equal Price in Sale of Business
- [9.83] Deceptive Purchase of Minority Interest at a Discount
- [9.84] Redemption or Resale of Controlling Shares at Minority’s Expense
- [9.85] Squeeze-Out by Discharge of Shareholder-Employee
- [9.86] Rescission of Stock Purchase Upon Wrongful Discharge of Minority Shareholder-Employee
- [9.87] Statutory Remedies of Minority Shareholders
- [9.88] Majority’s Right To Elect To Purchase at Fair Price in Response to Suit
- Evenly Divided Directors or Shareholders and Deadlock
- [9.89] Director Deadlock
- [9.90] Shareholder Deadlock
- [9.91] Remedy for Illegality, Oppression, Fraud, and Waste
- [9.92] Additional Equitable Remedies
- [9.93] Appointment of a Receiver
- [9.94] Other Statutory Remedies
- [9.95] Valuation of Shares — Cases Under Business Corporation Act §12.56
- [9.96] Minority Interest and Marketability Discounts
- [9.97] Comparison of Valuation Methods
- [9.98] Book or asset value
- [9.99] Share trading price
- [9.100] Sales of comparable companies as going concerns
- [9.101] Discounted cash-flow method
- Indemnification and Advancement of Legal Expenses
- [9.102] Illinois Law
- [9.103] Delaware Law
- [9.104] Interpretation of indemnity and advancement provisions
- [9.105] Alleged wrongdoing covered unless expressly excluded
- [9.106] Relationship between litigation and corporation
- [9.107] Personal liabilities to company not covered
- [9.108] Procedure for obtaining advancement of expenses
- [9.109] Allocation of expenses covered and not covered
- Chapter 10 — Lawyers as Employees: Rights and Responsibilities
- I. [10.1] Scope of Chapter
- II. [10.2] Lawyer-Employee in Private Practice
- III. [10.9] Rights, Remedies, and Responsibilities When Lawyer Leaves Firm
- [10.10] Fiduciary Duty and Competition
- [10.11] Predeparture Competition
- [10.12] Post-Departure Competition
- [10.13] Other Causes of Action Involving Departing Attorneys
- [10.14] Freedom of Speech
- [10.15] Employment Agreements Between Attorneys
- [10.16] Ethical Considerations
- [10.17] Restrictive Covenants
- [10.18] Ethical Considerations
- [10.19] Ethical Considerations — Retirement Restrictions
- [10.20] Firm’s Interference with Attorney’s Employment Relationship
- [10.21] Retaliatory-Discharge Claims
- IV. Lawyer-Employee as In-House Counsel
- Chapter 11 — Feminist and Family Issues in the Workplace
- I. Pregnancy, Pregnancy Leave, and Parental Rights
- [11.1] Prohibition Against Pregnancy Discrimination
- [11.2] Events Leading Up to the Pregnancy Discrimination Act
- [11.3] The Pregnancy Discrimination Act of 1978
- [11.4] What Constitutes a “Related Medical Condition”
- [11.5] Hiring, Firing, and Other Employment Decisions Based on Pregnancy
- [11.6] Pregnancy Firing and Hiring Cases
- [11.7] Light-Duty Requests by Pregnant Employees
- [11.8] Comparison to Treatment of Other Medically Related Work Absences
- [11.9] Pattern and Practice of Pregnancy Discrimination
- [11.10] Pregnancy and the Bona Fide Occupational Qualification Defense
- [11.11] “Sex-as-Sex” Characteristics
- [11.12] Requirement of Sex Features
- [11.13] When Sex Authenticity Is Required
- [11.14] Privacy and Decency Restrictions
- [11.15] Bathroom attendants
- [11.16] Nurses and orderlies
- [11.17] Salespersons
- [11.18] Health clubs
- [11.19] Prisons and prisoner privacy
- [11.20] Miscellaneous Odd Lot Categories of Jobs
- [11.21] The Possibility of Sexual Assault
- [11.22] Fetal Protection Issues
- [11.23] Johnson Controls
- [11.24] Fetal Protection Policies Since Johnson Controls
- [11.25] “Sex Plus”
- [11.26] Maternity Leave and Other Family-Type Benefits
- [11.27] Employer Disability Plans
- [11.28] Coverage of Dependents in Employer-Provided Disability Plans
- [11.29] Rights When There Is No Disability Plan
- [11.30] Reinstatement After Returning from Leave
- [11.31] Seniority After Leave
- [11.32] Employer-Mandated Maternity Leave
- [11.33] Exception — When the Nature of the Job Requires Mandatory Pregnancy Leave
- [11.34] Employment Benefits and Maternity Issues
- [11.35] Federal Contractors and Employees
- [11.36] State Fair Employment Practices Statutes
- [11.37] Infertility Treatments and Pregnancy Discrimination
- [11.38] Pregnancy Is Not a Disability Under the Americans with Disabilities Act of 1990
- II. [11.39] Parental Leave
- [11.40] The Family and Medical Leave Act
- [11.41] Application of the FMLA to Government Employees
- [11.42] FMLA Exemption for Highly Compensated Employees
- [11.43] Planned Medical Treatment
- Procedures and Requirements of the FMLA
- [11.44] Certification Requirement
- [11.45] Leave Requirement
- [11.46] Notice by the Employee
- [11.47] Healthcare Provider Certification
- [11.48] Intermittent Leave
- [11.49] Employer Obligation to Employees on Leave
- Reinstatement After Leave
- [11.50] In General
- [11.51] Highly Compensated Employee Exception
- [11.52] U.S. Department of Labor Obligations
- [11.53] Private Lawsuits
- [11.54] The FMLA and Collective-Bargaining Agreements and Fringe Benefit Plans
- [11.55] The FMLA and the Consolidated Omnibus Budget Reconciliation Act of 1985
- [11.56] FMLA Checklist for Employers
- [11.57] The FMLA’s Overlap and Interplay with the ADA
- [11.58] Arbitrary Deadlines on Return-to-Work Policies
- III. [11.59] Bereavement Leave
- IV. [11.60] Discriminatory Bias Toward Parents of Young Children
- Chapter 12 — Investigation, Testing, and Privacy
- I. [12.1] Introduction
- II. Investigation Techniques
- Preemployment Inquiries and Reference Checks
- [12.2] In General
- [12.3] Health History and Workers’ Compensation
- [12.4] Personnel Record Review Act
- [12.5] Falsified Employment Documents
- [12.6] Work History and Employment Checks
- Arrest and Conviction Records
- [12.7] In General
- [12.8] Juveniles
- [12.9] Claims of Discrimination
- [12.10] Claims of Negligent Hiring
- [12.11] Mandated Investigations
- [12.12] Disparate-Impact Theory
- [12.13] Personal Information Protection Act
- [12.14] Observations by Supervisors
- [12.15] Interrogation
- Surveillance and Monitoring
- [12.16] Outside Investigators
- Video
- [12.17] In General
- [12.18] Mandatory Subject of Bargaining for Union
- Sound
- [12.19] In General
- [12.20] State and Federal Statutes
- [12.21] Electronic
- [12.22] Electronic Monitoring and the National Labor Relations Act
- [12.23] Telecommuting
- [12.24] Workplace Computer Storage
- [12.25] Electronic Communication
- [12.26] Using Workplace Computers for Access to Illegal Materials
- [12.27] Text Messaging
- [12.28] Storage vs. Transmission
- [12.29] Unauthorized Access
- [12.30] Spoliation of Electronic Evidence
- [12.31] Open Records Law
- [12.32] Electronic Discovery Cost-Shifting
- [12.33] Tracking Devices
- [12.34] Personal Records
- Employee Searches — Property and Persons
- [12.35] Searches of Property
- [12.36] Searches of the Person
- Genetic and Medical Testing and Records
- [12.37] Genetic and Medical Tests
- [12.38] Illinois Genetic Information Privacy Act and Federal Genetic Information Nondiscrimination Act
- [12.39] Employer Obligations Under the Occupational Safety and Health Act and the Americans with Disabilities Act
- [12.40] AIDS Confidentiality Act
- [12.41] Mental Health and Developmental Disabilities Confidentiality Act
- [12.42] Fitness-for-Duty Examination
- [12.43] Disclosure or Release of Medical Records
- [12.44] Health Insurance Portability and Accountability Act
- III. Drug Testing
- [12.45] Brief Overview of Common Types of Tests
- Accuracy in Drug Testing
- [12.46] False Positives and Need-for-Confirmation Tests
- [12.47] Meaning of Positive Test Results
- [12.48] Mandatory Specimen Validity Testing Within Regulated Transportation Industries
- Legal Grounds for Attacking Drug Testing Programs
- [12.49] Public Sector Employees — Constitutional Challenges
- [12.50] Requirement of Individualized Reasonable Suspicion
- Exception for Highly Regulated Industry and/or Security-Sensitive Position
- [12.51] In general
- [12.52] Test’s relationship to government interest
- [12.53] Testing Based on Reasonable Suspicion
- [12.54] Requirement of Due Process
- [12.55] Considerations for Private and Public Employees
- [12.56] Unionized Employees — Limitations on Drug Testing Imposed by Collective Bargaining
- [12.57] Consequences of not bargaining
- [12.58] Union contracts that include bargained-for drug testing programs
- [12.59] Use of drug tests in arbitrations
- [12.60] Federal and State Testing Programs or Statutes
- Limitations Imposed by Equal Employment Opportunity Laws
- [12.61] Title VII
- [12.62] Disability discrimination laws
- [12.63] Employee Actions for Invasion of Privacy, Defamation, Wrongful Discharge, and Intentional Infliction of Emotional Distress
- Workers’ Compensation and Unemployment Insurance Issues
- [12.64] Workers’ Compensation and Other Issues Concerning Injuries During Employment
- [12.65] Unemployment Insurance Claims
- [12.66] Employee Assistance Programs
- IV. [12.67] Polygraph Testing
- V. Psychological and Other Testing
- VI. [12.71] Privacy Rights
- [12.72] Library Records
- [12.73] Within the Scope of Employment
- [12.74] Intrusion upon Seclusion and the Privacy Tort
- [12.75] Freedom of Association
- [12.76] Public Disclosure of Private Facts and Invasion of Privacy
- [12.77] Federal and Illinois Freedom of Information Acts
- [12.78] Disclosure of Personnel Files in Sexual Harassment Actions
- [12.79] Right of Publicity Act and Related Acts
- [12.80] Social Security Number
- Financial Privacy
- [12.81] Fair Credit Reporting Act
- [12.82] Gramm-Leach-Bliley Act
- [12.83] Employee Credit Privacy Act
- Chapter 13 — AIDS and Employment
- I. Overview
- II. Potential Legal Protections for Individuals with AIDS-Related Conditions
- [13.8] Handicap/Disability Discrimination Claims
- Federal Handicap Discrimination Statutes
- Sections 503 and 504 of the Rehabilitation Act of 1973
- [13.9] Scope and application
- [13.10] AIDS as a protected disability
- Americans with Disabilities Act
- [13.11] Scope of the ADA
- [13.12] Prohibited conduct
- [13.13] Disability under the ADA and the Americans with Disabilities Amendments Act
- [13.14] AIDS under the ADA and the ADAAA
- [13.15] Reasonable accommodations
- [13.16] Special Case of Asymptomatic Carrier and Perceived Impairment
- [13.17] Summary of Existing Federal Discrimination Law
- State Handicap Discrimination Laws
- [13.18] Illinois Human Rights Act
- Other States
- [13.19] Handicap discrimination laws
- [13.20] Decisions
- [13.21] AIDS-specific legislation
- [13.22] Local Law
- [13.23] Discrimination Based on Sex or Sexual Preference
- [13.24] Common-Law Actions
- [13.25] Wrongful Discharge
- [13.26] Contract Theory
- [13.27] Defamation and Invasion of Privacy
- [13.28] Intentional Infliction of Emotional Distress
- [13.29] Negligence
- III. [13.30] Potential Employer Defenses
- [13.31] Threat of Infection to Coworkers, Customers, and Members of Public
- [13.32] Inability To Perform Essential Functions of the Job with or Without Reasonable Accommodation
- [13.33] Refusal of Coworkers or Customers To Associate with Persons with AIDS
- [13.34] Health Coverage Costs
- [13.35] Risk of Persons with AIDS’ Exposure to Disease Within Working Environment
- [13.36] Receipt of Disability Benefits
- IV. [13.37] Employee Testing
- V. Potential Claims by Coworkers
- VI. Labor Law Considerations
- Chapter 14 — Plant Closings and Reductions in Force
- I. [14.1] Scope of Chapter
- II. Plant Closings and Reductions in Force
- [14.2] In General
- [14.3] Plant Closings
- [14.4] Federal Worker Adjustment and Retraining Notification Act
- [14.5] Employers Subject to the WARN Act
- [14.6] Employees Covered by the WARN Act
- [14.7] When Notice Is Required
- [14.8] Exceptions to the Notice Requirement
- [14.9] Reduction of the Notice Period
- [14.10] Employees to Whom Notice Must Be Given
- [14.11] Contents of WARN Notice
- [14.12] Cause of Action and Liability Under the WARN Act
- [14.13] Illinois Worker Adjustment and Retraining Notification Act
- [14.14] RIFs
- III. [14.15] Age Discrimination in Employment Act
- IV. ADEA Standards in RIF Cases
- [14.18] Direct Evidence of Age Discrimination
- [14.19] Indirect Evidence of Age Discrimination: Disparate Treatment
- [14.20] RIF Prima Facie Case: Disparate Treatment
- [14.21] Proof of Discriminatory Intent/Pretext: Disparate Treatment
- [14.22] Mixed Motives
- [14.23] Indirect Evidence of Age Discrimination: Disparate Impact
- [14.24] Wage Discrimination
- V. Practical Suggestions and Considerations
- Chapter 15 — Employer Record-Keeping Responsibilities
- I. [15.1] Introduction
- II. [15.2] Audit of Employee Handbooks
- [15.3] Employee Handbooks as Contracts
- [15.4] Disclaimers
- [15.5] Handbook Language
- [15.6] Employee Handbook Revisions
- [15.7] Dissemination of Handbook
- [15.8] Recommended Handbook Policies
- [15.9] Other Documents That May Affect Employment Relationships
- Examples of Employer Documents That May Affect Employment Relationships
- [15.10] Employment Applications
- [15.11] Offer Letters
- [15.12] Oral Contracts
- [15.13] Management Policies
- [15.14] Antiharassment Policy
- [15.15] Protecting Legal Audit from Discovery
- [15.16] Compliance Review Committee for Financial Institutions
- [15.17] Peer Review Committee for Healthcare Providers
- III. [15.18] Internal Procedures Reducing Risk of Employer Liability
- [15.19] Applications
- [15.20] Obtaining Consumer Reports or Conducting Criminal Background Checks
- [15.21] Disclosure and Authorization To Obtain Consumer Reports for Employment Purposes
- [15.22] Disclosure and Authorization To Conduct Investigative Consumer Reports
- [15.23] Requirements for Taking Adverse Action Based on Information Contained in Consumer Reports or Investigative Consumer Reports
- [15.24] Health Care Worker Background Check Act
- Employee Evaluations
- [15.25] In General
- [15.26] Evaluation Forms
- [15.27] Disciplining and Terminating Employees
- [15.28] Reductions in Force, Terminations, and Severance Packages
- [15.29] Access to Personnel Records
- [15.30] Documents To Be Maintained in Personnel File
- [15.31] Illinois Directory of New Hires Reporting Responsibility
- [15.32] EEO-1
- IV. [15.33] Federal and State Record-Keeping Requirements in Illinois
- [15.34] Applicability of Federal and State Laws
- [15.35] Federal and State Record Retention Chart
- [15.36] Federal and State Notice-Posting Requirements
- [15.37] Federal Posting Requirements
- [15.38] Equal Employment Postings
- [15.39] Fair Labor Standards Act Posting
- [15.40] Employee Polygraph Protection Act Posting
- [15.41] Family and Medical Leave Act Posting
- [15.42] Occupational Safety and Health Act
- [15.43] Uniformed Services Employment and Reemployment Rights Act
- [15.44] Federal Government Contracts
- [15.45] Genetic Information Nondiscrimination Act
- [15.46] Illinois Notice-Posting Requirements
- Employment of Minors
- [15.47] Employment of Minors — Federal Requirements
- [15.48] Exemptions
- [15.49] Prohibited Employment
- [15.50] Hours of Work
- [15.51] Employment of Minors — Illinois Record-Keeping Requirements
- [15.52] Minimum Age of Employment
- [15.53] Minors Under Age of 16
- [15.54] Prohibited Employment
- [15.55] Hours of Work
- [15.56] Meal Period
- [15.57] Employment Certificate/Work Permit
- [15.58] Work-Related Injuries, Illnesses, or Deaths
- [15.59] Occupational Safety and Health Administration — Federal Requirements
- [15.60] Immigration Reform and Control Act
- [15.61] Form I-9
- [15.62] Documents That Establish Employment Authorization and Identity in a Single Document
- [15.63] Documents To Establish Employment Authorization
- [15.64] Documents To Establish Identity
- [15.65] Attestation
- [15.66] Employer’s Responsibility To Retain Documents
- [15.67] Employee Retirement Income Security Act
- [15.68] Continuation of Health Insurance Benefits
- V. [15.69] Conclusion
- Chapter 16 — Public Employees
- I. Constitutional Rights of Public Employees
- II. [16.7] Public Employees’ Rights Under Federal Statutes
- III. [16.14] Illinois Human Rights Act
- IV. [16.15] Illinois Civil Rights Act of 2003
- V. [16.16] Civil Service Reform Act of 1978
- VI. [16.17] State and Municipal Civil Service Acts
- VII. [16.18] Tort and Contract Claims Against State Employers
- Chapter 17 — Prosecuting a Claim Under the Illinois False Claims Act
- I. [17.1] Background
- II. [17.2] What Constitutes an Actionable Claim Under the IFCA
- III. [17.7] Relief Recoverable for State
- IV. [17.11] Qui Tam Plaintiff: Right To Sue, Recovery, and Protection
- V. [17.17] Attorney General’s Pre-Commencement Discovery Rights
- VI. [17.18] Procedures on Filing
- VII. Appendix
- [17.24] Outline for Material Evidence
- Sample Forms
- [17.25] Relator Letter
- [17.26] Complaint for Damages
- [17.27] Motion Seeking Extension of Time
- [17.28] Order Granting Extension of Time
- [17.29] Notice Declining Intervention
- [17.30] Order Following State’s Notice Declining Intervention
- [17.31] Notice of Intervention
- [17.32] Order Following State’s Notice of Intervention
- [17.33] Settlement Agreement
- [17.34] Relator Share Agreement
- [17.35] Stipulation of Dismissal
- [17.36] Agreed Order of Dismissal
- Chapter 18 — Pleadings, Discovery, and Settlement: Checklists and Forms
- I. [18.1] Introduction
- II. Pleadings
- [18.2] Complaint
- Checklist of Preliminary Considerations
- [18.3] Plaintiff Interview
- [18.4] Other Witness Interviews
- [18.5] Research
- [18.6] Documents
- [18.7] Forum Selection
- [18.8] Administrative Prerequisites
- [18.9] Attorneys’ Fees
- Checklist for Drafting Complaint
- [18.10] State and Federal Rules
- [18.11] Elements of Complaint
- Sample State Court Complaints
- [18.12] Complaint for breach of contract, retaliatory discharge, and defamation
- [18.13] Complaint seeking relief under Illinois Human Rights Act
- [18.14] Sample Federal Court Complaint
- Answer
- Checklist of Preliminary Considerations
- [18.15] Insurance Coverage
- [18.16] Legal Validity of Claims
- [18.17] Removal to Federal Court
- [18.18] Witness Interviews and Documents
- Checklists for Drafting Answer
- [18.19] State and Federal Rules
- [18.20] Admissions and Denials
- [18.21] Affirmative Defenses
- [18.22] Sample Answer
- [18.23] Counterclaim
- [18.24] Reply
- [18.25] Motions in Lieu of Answer
- [18.26] Motion for Bill of Particulars or More Definite Statement
- Motions To Dismiss
- [18.27] Federal Court
- [18.28] State Court
- [18.29] Motions for Summary Judgment
- III. [18.30] Discovery
- [18.31] Plaintiff’s Discovery
- [18.32] Initiating Discovery
- [18.33] Checklist of Subjects To Be Covered by Plaintiff During Discovery
- [18.34] Sample Interrogatories
- [18.35] Sample Request for Production of Documents
- [18.36] Requests for Admissions of Fact
- [18.37] Defendant’s Discovery
- [18.38] Initiating Discovery
- [18.39] Checklist of Subjects To Be Covered by Defendant During Discovery
- [18.40] Sample Interrogatories
- [18.41] Sample Request for Production of Documents
- [18.42] Sample Request for Admissions of Fact
- IV. [18.43] Settlement
Authors
- Anthony E. Antognoli
Anthony E. Antognoli
Anthony E. Antognoliis a Partner with Hinshaw & Culbertson LLP, in Chicago, where he focuses on the representation of large and mid-size clients in the areas of employee benefits, executive compensation, and tax law. He is recognized as a Leading Lawyer in Employee Benefits Law by Leading Lawyers magazine (2018 – present), and he has also served as an adjunct professor of tax law at Loyola University Chicago School of Law (2007 – present). Antognoli earned his B.S. from the University of Illinois Champaign-Urbana and his J.D. from Loyola University Chicago School of Law, where he also received a Certificate in Tax Law.
- Rachel E.A. Atterberry
Rachel E.A. Atterberry
No bio available.
- Heather A. Bailey
Heather A. Bailey
Heather A. Bailey is a Partner at SmithAmundsen LLC, in Chicago, where she focuses her practice on employment and labor litigation for the management side. She is a member of the Professional Women’s Club of Chicago (President, 2015 – 2016), was selected to the Illinois Super Lawyers list (2014 – 2022), and received the Lawyer Monthly Women in Law Award (2018). She earned her B.A. from Bowling Green State University and her J.D. from the University of Illinois Chicago School of Law.
- Frank Bear
Frank Bear
No bio available.
- Robert R. Brown
Robert R. Brown
No bio available.
- Lisa M. Burman
Lisa M. Burman
Lisa M. Burman is a Partner with Hinshaw & Culbertson LLP, in Chicago, where she concentrates her practice in the areas of employee benefits and executive compensation. She is, and has for many years been recognized as, a Leading Lawyer in the area of Employee Benefits Law. Burman has previously served as Chair of the Chicago Bar Association’s Employee Benefits Committee and has also received the IRS Commissioner’s Award in the Great Lakes Tax-Exempt/Governmental Entities Division. Additionally, she received the American Jurisprudence Award for excellence in both Employee Benefits and Securities Law. Burman received her B.S. from Loyola University of Chicago and her J.D. and her LL.M. from IIT Chicago-Kent College of Law. She is also a certified public accountant.
- Tiffany L. Carpenter
Tiffany L. Carpenter
Tiffany L. Carpenteris a shareholder/member of Howard & Howard PLLC in Chicago, where she concentrates her practice in matters related to employment, products liability, and commercial litigation. She has experience representing and defending clients during individual and corporate depositions and drafting and arguing analytical memoranda, demand letters, settlement agreements, and substantive motions in federal and state courts throughout the nation. She was recognized by the Chicago Daily Law Bulletin as one of 40 Illinois Attorneys Under 40 To Watch (2021). She is a member of the Illinois Judges Foundation Lawyers Auxiliary Committee and a Fellow of the American Bar Foundation. She earned her B.A. from the University of Illinois at Urbana-Champaign and her J.D. from the University of Illinois Chicago School of Law.
- Jacinta Epting
Jacinta Epting
Jacinta Epting is Vice Chancellor of City Colleges of Chicago. She has experience in employment law, real estate, litigation, procurement, public finance, eminent domain, insurance coverage, construction law, and consumer protection law. She earned her B.A. from Elmhurst College and her J.D. from the University of Illinois College of Law at Urbana-Champaign.
- Lynn W. Esp
Lynn W. Esp
Lynn W. Esp is General Counsel for M&K Truck Centers, Bryon Center, MI, where she practices corporate and employment law. She has represented management, including credit unions, in employment issues before state and federal courts, drafted employee guidelines and handbooks, and delivered presentations on current issues in employment law. She earned her B.A. from Boston College and her J.D. from Chicago-Kent College of Law.
- Margaret Curtiss Hannon
Margaret Curtiss Hannon
Margaret Curtiss Hannonis a Clinical Professor of Law at the University of Michigan Law School, in Ann Arbor, Michigan, where she focuses on legal research and writing on labor and employment law. She has been recognized and awarded the Dean’s Teaching Award (2010) and the Dean’s Teaching Award Honorable Mention (2011). Hannon is the Co-Editor-in-Chief, Legal Communications and Rhetoric: JALWD, and she is also a member of the Advisory Board for Women Also Know Law. She earned her B.A. cum laude from Binghamton University and her J.D. from the University of Michigan Law School, where she served as Note Editor and Associate Editor of the Michigan Law Review.
- James Harbert
James Harbert
James Harbertis a Partner with Hinshaw & Culbertson LLP, in Chicago, where he concentrates his practice in employee plans counseling and litigation. He has served on the American Bar Association, Faculty for ERISA Basics National Institute (2013 – 2015). Harbert received the Big Shoulders Fund Director’s Award for his pro bono legal work in support of inner-city Chicago Catholic schools, and he was formerly the Trial Attorney for the U.S. Department of Treasury, Office of Chief Counsel to the Internal Revenue Service. He received his A.B. from the College of William and Mary and his J.D. from the University of Virginia.
- Steven M. Hartmann
Steven M. Hartmann
Steven M. Hartmann is a Partner and General Counsel at Freeborn & Peters LLP, in Chicago, where he focuses his practice on employment law and commercial litigation. He has been peer selected for Illinois Leading Lawyers in Commercial Litigation, Creditors’ Rights, and Bankruptcy & Workout Law (2015 – 2021) and recognized by Illinois Super Lawyers in Business Litigation (2015 – 2021). He earned his B.A. with honors from Northwestern University and his J.D. magna cum laude from the University of Illinois College of Law.
- Elizabeth L. Jensen
Elizabeth L. Jensen
No bio available.
- Michael J. Leech
Michael J. Leech
Michael J. Leech is an independent mediator-arbitrator of Talk Sense Mediation with offices in Chicago and Philadelphia. Mr. Leech is rated A.V. Preeminent by Martindale Hubbell, an Illinois Super Lawyer and Leading Lawyer (2005 – present), and a Top 100 Illinois Super Lawyer (2011 – 2013). He is a Fellow of the College of Labor and Employment Lawyers (1997), a Distinguished Fellow of the International Academy of Mediators (2011), a Fellow of the American Bar Foundation (2011), a member of the American Law Institute (2013), Past President of the Association of Attorney-Mediators, and a member of the National Academy of Distinguished Neutrals. He earned his B.A. and J.D. from the University of Virginia.
- Bradford A. LeHew
Bradford A. LeHew
Bradford A. LeHew is the Manager at the Law Offices of Bradford LeHew, in Chicago, where he concentrates his practice in employment and condominium law. Mr. LeHew was chosen a Super Lawyer Rising Star in Labor and Employment Law (2011 – 2013, 2015) and is a member of the American and Chicago Bar Associations. He received his B.S. from the University of Illinois, Urbana-Champaign, his MPS HRER from Pennsylvania State University, and his J.D. with honors from the Illinois Institute of Technology, Chicago-Kent College of Law.
- Michael R. Lied
Michael R. Lied
Michael R. Lied is an attorney with Howard & Howard Attorneys, PLLC, in Peoria, where he focuses his practice on labor and employment law and immigration law, representing employers. Mr. Lied is a Member of the State Bar of Michigan, the American Immigration Lawyers Association, the Federal Bar Association, the American Bar Association and its sections of Litigation and Labor and Employment Law, and the Illinois State Bar Association and it section on Labor and Employment Law. He is a member of the Leading Lawyers network and has been selected as an Illinois Super Lawyer (2007 – 2020). Mr. Lied received his B.S. and M.A. from the University of Illinois Urbana-Champaign and his J.D. from the University of Michigan.
- David Manjarres
David Manjarres
No bio available.
- Daniel B. McGrath
Daniel B. McGrath
No bio available.
- James E. McParland
James E. McParland
No bio available.
- Kathryn Montgomery Moran
Kathryn Montgomery Moran
No bio available.
- Jeffrey S. Piell
Jeffrey S. Piell
No bio available.
- L. Steven Platt
L. Steven Platt
L. Steven Platt is Senior Counsel at Miller, Canfield, Paddock and Stone, P.L.C., in Chicago, where he concentrates his practice in labor and employment law. He has been recognized as a Super Lawyer, is a Fellow of the American College of Labor and Employment Lawyers, and is rated Preeminent by Martindale-Hubbell. He received his B.A. from Northwestern University and his J.D. from Loyola University of Chicago.
- Michael C. Rosenblat
Michael C. Rosenblat
Michael C. Rosenblat, of Rosenblat Law, in Northbrook, concentrates his practice in healthcare fraud, False Claims Act litigation, and the Uniform Code of Military Justice. He is a member of the ABA’s Healthcare Fraud and Compliance List Committee, ISBA’s List Committees on Criminal Justice and Health Care Law, and he gave a seminar on Prosecuting and Defending Claims under the False Claims Act to the Chicago County Bar Association. Rosenblat received his B.A. from the University of Illinois and his J.D. from The John Marshall Law School.
- Don R. Sampen
Don R. Sampen
Don R. Sampen is a Partner at Clausen Miller P.C., where he concentrates on appellate, commercial, and insurance-related litigation. He has taught as an adjunct professor at several Chicago-area law schools, including insurance law, trial practice, pretrial litigation, and other subjects. He is the former Chief of Special Litigation, and Chief of the Public Interest Division, for the Illinois Attorney General’s Office, where he concentrated on complex civil litigation. He is AV Preeminent rated by Martindale-Hubbell and is an Illinois Super Lawyer in Insurance Coverage. He has argued appeals in the Illinois Supreme Court, all five Illinois appellate districts, four other state appellate courts, and six U.S. Courts of Appeals. Mr. Sampen received his J.D. magna cum laude from Northwestern University Pritzker School of Law.
- William P. Schurgin
William P. Schurgin
No bio available.
- Todd D. Steenson
Todd D. Steenson
Todd D. Steenson serves as Assistant General Counsel for Exelon Business Services Corporation. He is a member of the American and Federal Bar Associations. Mr. Steenson earned his B.A. summa cum laude from Augsburg College and his J.D. summa cum laude from the University of Minnesota Law School.
- D. Scott Watson
D. Scott Watson
No bio available.
Employment Termination (ARCHIVED 2013 EDITION)
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