Employment Law Chicago Blog
Are Non-Competition and Non-Solicitation Agreements Enforceable in Illinois?
Whether a non-competition or non-solicitation agreement is valid and enforceable under Illinois law depends upon the specific terms of the agreement, as well as the unique facts and circumstances surrounding the agreement, employment, separation of employment, and post-employment employee conduct.
Adequate Consideration
The first question is whether adequate consideration exists to support a restrictive covenant.
Consideration is something of value given in exchange for an agreement. Continued employment may constitute adequate consideration, but Illinois appellate courts have held that employment for fewer than two years is insufficient. Federal courts are not required to follow the ?ǣtwo-year rule.?ǥ Other types of consideration do not […]
Illinois Supreme Court Affirms Dismissal of Retaliatory Discharge Lawsuit
On February 4, 2021, the Illinois Supreme Court affirmed the dismissal of claims for retaliatory discharge and violation of the Illinois Whistleblower Protection Act. Rehfield v. Diocese of Joliet, 2021 IL 125656 (Feb. 4, 2021). Plaintiff alleged that defendant unlawfully retaliated against her by terminating her for reporting a parent?
7th Circuit Reverses Dismissal of USERRA Lawsuit
On February 4, 2021, the 7th Circuit reversed a district court’s order dismissing a USERRA lawsuit. White v. United Airlines, Inc., No. 19-2546 (7th Cir. Feb. 4, 2021). In 1994, Congress passed the Uniformed Services Employee and Reemployment Rights Act (“USERRA”), with the goal of prohibiting civilian employers from discriminating against employees because of their military service. 38 U.S.C. ?
7th Circuit Affirms Summary Judgment for Employer on Age Discrimination Claims for Employment Termination and Failure to Re-hire in RIF Context
On January 22, 2021, the 7th Circuit affirmed an order of summary judgment in favor of an employer-defendant in an age discrimination lawsuit under the Age Discrimination in Employment Act (“ADEA”). Marnocha v. St. Vincent Hospital and Health Care Center, Inc., No. 20-1374 (7th Cir. Jan. 22, 2021). The plaintiff, a neonatologist, alleged that the defendant terminated her employment and failed to rehire her for an open position in the context of a reduction-in-force. The ADEA was enacted by Congress in 1967 to protect older workers from employment discrimination. The ADEA protects employees who are age 40 or older. It […]
7th Circuit Affirms Summary Judgment for Employer in Title VII Lawsuit
On January 19, 2021, the 7th Circuit affirmed an order of summary judgment in favor of an employer-defendant in a Title VII employment discrimination lawsuit alleging wrongful termination on the basis of national origin, race, and religion, as well as unlawful retaliation. Khungar v. Access Community Health Network, No. 20-1958 (Jan. 19, 2021). Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits employment discrimination on the basis of sex, race, religion, national origin, ethnicity, color, and genetic information. To defeat a summary judgment motion in a Title VII case, a plaintiff must raise factual disputes sufficient to […]
7th Circuit Affirms Summary Judgment for Employer in Title VII Lawsuit
On January 19, 2012, the 7th Circuit affirmed an order of summary judgment in favor of an employer-defendant in a Title VII employment discrimination lawsuit alleging unlawful discrimination on the basis of national origin, race, and religion, as well as unlawful retaliation. Khungar v. Access Community Health Network, No. 20-1958 (Jan. 19, 2021). Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits employment discrimination on the basis of sex, race, religion, national origin, ethnicity, color, and genetic information. To defeat a summary judgment motion in a Title VII case, a plaintiff must raise factual disputes sufficient to […]
7th Circuit Affirms Summary Judgment on Failure to Accommodate Claim
On January 14, 2021, the 7th Circuit affirmed an order of summary judgment in favor of an employer-defendant in a failure to accommodate lawsuit under the federal Rehabilitation Act. Conners v. Robert Wilke, No. 19-2426 (7th Cir. Jan. 14, 2021). The plaintiff worked as a nurse at a VA hospital. Her job duties included treating and observing patients, giving immunizations, managing the front desk, teaching classes, and filling out paperwork. After she was involved in an automobile accident, her injuries impeded her ability to perform most of her nursing duties. Her supervisor initially permitted her to retain her position, but […]
7th Circuit Reverses Summary Judgment in Pay Discrimination Lawsuit
On January 5, 2021, in its first employment law decision of 2021, the 7th Circuit reversed an order of summary judgment in favor of an employer-defendant in a sex discrimination and equal pay lawsuit under Title VII of the Civil Rights Act of 1964 (“Title VII”) and the Equal Pay Act (“EPA”). Kellogg v. Ball State University, No. 20-1406 (7th Cir. 1/5/2021). The decision turned on a single statement that the Director made to the plaintiff when he hired her, that she “didn’t need any more starting salary because he knew her husband worked.” The 7th Circuit found that this […]
7th Circuit Affirms Summary Judgment on ADA Claim
On December 30, 2020, the 7th Circuit affirmed an order of summary judgment in favor of an employer-defendant in a federal lawsuit under the Americans with Disabilities Act (“ADA”). McAllister v. Innovation Ventures, LLC, No. 20-1779 (7th Cir. 12/30/2020). The plaintiff, a machine operator, was injured in a car accident and consequently could not return to work. The defendant terminated her employment since she could still not return to work after she had exhausted her leave of absence under the Family and Medical Leave Act (“FMLA”). The defendant maintained a company policy that employees who were unable to return to […]
Mandatory FFCRA Leave Expires on December 31, 2020
On December 21, 2020, Congress passed the Consolidated Appropriations Act (the “Act”). The Act does not extend the requirements for covered employers to provide employees with emergency paid sick leave or emergency paid family and medical leave under the Families First Coronavirus Response Act (the “FFCRA”). Mandatory leave under the FFCRA expires on December 31, 2020. Effective January 1, 2021, covered employers may voluntarily provide employees with emergency paid sick leave or emergency paid family and medical leave under the FFCRA, but are not required to do so.
If covered employers elect to provide FFCRA leave on a voluntary basis, they […]