Jun
12
2013
Chicago, IL (Law Firm Newswire) June 12, 2013 – If a worker states they are sick enough to trigger FMLA leave, do they need to spell that out each time they need to take time off? The answer is unclear. “This is one of those cases where an answer to the legal question was not made clear by the courts. It’s likely the case may be appealed, or another one similar to it may make its way to court and conclude with a different resolution,” remarked Timothy Coffey, a Chicago employment lawyer and principal attorney for The Coffey Law Office, [...]
Jun
10
2013
Charleston, W.Va. (Law Firm Newswire) June 10, 2013 – The law firm Spilman Thomas & Battle, PLLC (Spilman) announced that it recently won a favorable ruling for client Fairmont General Hospital (FGH). The West Virginia Supreme Court ended the three-year-long Fairmont General Hospital v. City of Fairmont, et. al. lawsuit via summary judgment, holding that FGH alone has the right to appoint its own board members. The City of Fairmont and Fairmont City Council argued they held the right to appoint FGH board members because FGH was subject to the Fairmont City Charter. Given that the city has not been [...]
Jun
5
2013
Chicago, IL (Law Firm Newswire) June 5, 2013 – Employers may make reasonable accommodations for workers with religious restrictions, unless it causes workplace issues. Religion is an important issue to many Americans. Important enough to inform their employer if they follow the teachings of a certain faith that may interfere with them performing the job they were hired to do. This case outlines that although employers are bound to make realistic adjustments for religious beliefs, there is a line in the sand when it comes to how a person’s faith interferes with a company’s ability to get a job done. [...]
May
24
2013
Austin, TX (Law Firm Newswire) May 24, 2013 – A wrongful termination lawsuit has been filed by a former professor at the University of Texas at Brownsville (UTB). The professor, Susan Mills, alleges that her position was wrongfully terminated as part of broader staff reductions. Mills, a tenured English professor, was given notice approximately one year ago that her position would be cut, along with 87 other members of the faculty. The university had claimed that its separation from Texas Southmost College created a need to eliminate positions. However, Mills alleges that the university began hiring instructors in her department [...]
May
10
2013
Chicago, IL (Law Firm Newswire) May 9, 2013 – The law allows a worker to sue an employer for improperly using funds earmarked for ERISA benefits. “George v. Junior Achievement, No. 11-3291, 7th Cir., 2012 raises an issue that is quite important to note,” stated Timothy Coffey, a Chicago employment lawyer and principal attorney for The Coffey Law Office, P. C., an employment litigation firm dedicated to representing employees in the workplace. “It deals with the Employee Retirement Income Security Act (ERISA), and the fact that it is illegal for companies to not properly process funds withheld from a worker’s [...]
May
6
2013
Atlanta, GA (Law Firm Newswire) May 6, 2013 – Atlanta immigration law firm Siskind Susser Immigration Lawyers is pleased to announce that immigration attorney Zulma P. López has joined the firm as an associate attorney. Zulma joins to assist our Atlanta immigration law firm’s clients in family and employment based immigration, as well as assisting clients in removal or deportation proceedings. Atlanta immigration lawyer Zulma López has most recently represented clients in Immigration Courts in Georgia to obtain relief from removal. Prior to that, she represented clients in complex business litigation matters and personal injury. “We are very much excited [...]
May
3
2013
Charleston, W.Va. (Law Firm Newswire) May 3, 2013 – The law firm Spilman Thomas & Battle, PLLC (Spilman) announced today that Charles L. Woody, member in its Charleston, W.Va. office, will be serving as adjunct professor at Charleston School of Law in Charleston, S.C. He will teach employment law during the 2013 “maymester,” a month-long semester in May during which intense, unique courses are offered. Woody will continue his law practice with Spilman while teaching. His primary areas of practice are labor law, employment law, defense litigation and appellate litigation. He is admitted to practice in West Virginia, Pennsylvania and [...]
May
3
2013
Chicago, IL (Law Firm Newswire) May 3, 2013 – If an explosive employee causes distress in the workplace that may be cause for being fired. “This particular case is interesting for the take away,” pointed out Timothy Coffey, a Chicago employment lawyer and principal attorney for The Coffey Law Office, P. C., an employment litigation firm dedicated to representing employees in the workplace. “Initially, the worker alleged he was discriminated against, on further examination of the circumstances, it turned out the worker was aggressive and disruptive.” Hill v. Johnson, No. 11-C-2144, ND IL, 2012, revolves around a black gentleman, hired [...]
Apr
29
2013
New Kessler Survey finds that 95% of employees steal from employers, up from 79% in Kessler’s 1999 study. New York, NY (Law Firm Newswire) April 29, 2013 – An anonymous survey conducted by Kessler International of 500 company employees in varying retail and service industries found that employees are more likely to steal from their employer than their customers. The theft comes in the form of stolen time, theft of office supplies and equipment, theft and sale of corporate secrets and even the theft of the products and services offered by their own employers. The startling uptick in theft was [...]
Apr
10
2013
Chicago, IL (Law Firm Newswire) April 10, 2013 – Employees with a hair trigger temper and combative demeanor may find themselves unemployed. “Most employers have had experience with an employee who is difficult to work with, in the sense they are overly sensitive and seem to take offense at and with everything. There are even those who cannot take any kind of constructive criticism. The reaction(s) of individuals such as that, may result in discipline and/or being let go,” outlined Timothy Coffey, a Chicago employment lawyer and principal attorney for The Coffey Law Office, P. C., an employment litigation firm [...]
Apr
3
2013
Chicago, IL (Law Firm Newswire) April 3, 2013 – Usually an employer disciplines everyone to the same extent. There are exceptions to that rule. “In most cases where a worker has done something requiring discipline in the workplace, the same discipline is handed out to others who commit similar offenses. In theory that works. In practice, it may not,” commented Timothy Coffey, a Chicago employment lawyer and principal attorney for The Coffey Law Office, P. C., an employment litigation firm dedicated to representing employees in the workplace. Not every instance of an infraction of workplace rules will necessarily draw the [...]
Mar
22
2013
Austin, TX (Law Firm Newswire) March 22, 2013 – A nurse has sued her former employer, saying she was fired for reporting patient neglect. Susan J. Rapp, a licensed vocational nurse who worked for Maxim Healthcare Services Inc., has filed a lawsuit against the company. Rapp claims that she was terminated after she reported another nurse’s neglect of a patient to her supervisors. Maxim Healthcare is an in-home health care provider. “The State of Texas has stringent laws to protect healthcare workers from certain forms of retaliation,” said Austin employment attorney Gregory D. Jordan. “One goal is to protect patients [...]
Mar
12
2013
Chicago, IL (Law Firm Newswire) March 12, 2013 – Religious discrimination does not apply to everything in a workplace. “In EEOC v. The GEO Group, No. 09-3093, 3rd Cir., 2010, a safety issue arose in a workplace that triggered a religious discrimination lawsuit. The main ratio decidendi of the case was that workers do have the right to wear religious garments to work, but that there are limits,” outlined Timothy Coffey, a Chicago employment lawyer and principal attorney for The Coffey Law Office, P. C., an employment litigation firm dedicated to representing employees in the workplace. “Many feel that they [...]
Mar
5
2013
Chicago, IL (Law Firm Newswire) March 5, 2013 – When sexual harassment cases are settled out of court, the defendant must still pay up. “This case was filed by a group of women who worked at Chicago’s Leona’s Pizzeria. Their complaint to the EEOC, filed in 2008, alleged there was a hostile work environment and sexual harassment. When the EEOC was done investigating, they found reason to believe that there was indeed workplace harassment. They worked with Leona’s to come to a settlement, rather than proceed to court,” said Timothy Coffey, a Chicago employment lawyer and principal attorney for The [...]
Feb
25
2013
Chicago, IL (Law Firm Newswire) February 25, 2013 – FLMA rules and protocol are in place for employees to follow. If the rules are not followed, they may not have a case. “Not all FMLA cases that go to court are successful,” points out Timothy Coffey, a Chicago employment lawyer and principal attorney for The Coffey Law Office, P. C., an employment litigation firm dedicated to representing employees in the workplace. “This case, Nicholson v. Pulte Homes, No. 11-2238, 7th Cir., 2012, was not a winner for the plaintiff.” In Nicholson v. Pulte Homes, the plaintiff was employed as a [...]
Feb
18
2013
Chicago, IL (Law Firm Newswire) February 18, 2013 – If an individual is so sick that they cannot perform essential job functions while on leave, their workload must be adjusted. “Pagel v. Tin, No. 11-2318, 7th Cir., 2012 is a case whose ratio decidendi states that an employer cannot punish an employee for poor performance if they are too sick to perform. If that does happen, the employer should then expect an FMLA interference lawsuit,” added Timothy Coffey, a Chicago employment lawyer and principal attorney for The Coffey Law Office, P. C., an employment litigation firm dedicated to representing employees [...]
Jan
28
2013
Austin, TX (Law Firm Newswire) January 28, 2012 – During the recent recession, those not laid off from work were often required to put in more time on the job, for the same pay or even less. Many of those workers are now taking legal action, suing their employers under state and federal wage and overtime laws. Filings of such lawsuits were up 32 percent in 2011 over 2008 levels. “Overtime laws exist to protect workers from being unfairly taken advantage of,” commented Austin overtime attorney Gregory D. Jordan. “Some employers believe they can get away with bending or breaking [...]
Jan
11
2013
Chicago, IL (Law Firm Newswire) January 11, 2013 – At one time, employers in Illinois asked their job candidates for their social media passwords. They can no longer do this. “In a move regarded as a victory for employees, Illinois governor Pat Quinn has ushered in a law that bars employers asking job applicants for their social media passwords. This legislation acts to protect their private communications from potential or current managers,” outlined Timothy Coffey, a Chicago employment lawyer and principal attorney for The Coffey Law Office, P. C., an employment litigation firm dedicated to representing employees in the workplace. [...]
Jan
4
2013
Chicago, IL (Law Firm Newswire) January 4, 2013 – Some professionals may not understand what they said when it comes to sex discrimination. “This recent case, Blasdel v. North Western University, No. 11-2075, 7th Cir., 2012, is interesting, largely because the court decided that some professionals are not as aware and articulate as perhaps they should be when it comes to making sexist comments. That being said, it appears that even though they may make sexist remarks, they may not comprehend their significance, and thus are not censured for them,” remarked Timothy Coffey, a Chicago employment lawyer and principal attorney [...]
Dec
20
2012
New York, NY (Law Firm Newswire) December 20, 2012 – The American Society of Legal Advocates is pleased to announce that William K. Phillips has been selected as a Top 100 Labor & Employment lawyer in New York for 2013, and has accepted membership in the organization. The American Society of Legal Advocates (“ASLA”) is an invitation-only, nationwide organization of elite lawyers, drawing its membership from practicing lawyers who combine stellar legal credentials with a proven commitment to community engagement and the highest professional standards. ASLA selects less than 2% of all licensed lawyers nationwide, featuring no more than 100 [...]
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