» Discrimination Law

Chicago, IL (Law Firm Newswire) October 30, 2014 – Non-compete agreements are not always well-received in court. If a non-compete agreement is thrown out, a person may not have to comply with it. “Non-compete agreements are quite popular with employers, but a person bound by one may not have to comply with it. Most non-compete agreements state that an employee may not compete with an employer’s business for a designated time period after leaving the job, They may restrict who you work for, where your future job may be located and even the industry in which you work. Sometimes, it’s […]


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Chicago, IL (Law Firm Newswire) October 24, 2014 – The Family and Medical Leave Act (FMLA) is applicable to all state, local and federal government and private employers with at least 50 workers who live within a 75-mile radius. “For employees to be eligible for leave, they must have worked for at least 12 months and 1,250 hours prior to starting leave. Many workers do not know that by law, employers are not required to provide paid sick leave. However, they are in certain situations mandated to permit employees to take up to 12 weeks of unpaid leave,” Timothy Coffey, […]


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Sacramento, CA (Law Firm Newswire) September 30, 2014 – Collective legal action has not been eliminated in pay disputes in California, but its role has been diminished. Employers may now insist on case-by-case arbitration. “In a highly anticipated ruling, the California Supreme Court has decided that California employers may stop their workers from suing jointly for unpaid wages or overtime and alternatively mandate case-by-case arbitration. In essence, the ruling limited collective legal action in wage disputes,” said noted Sacramento business attorney, Deborah Barron. In a 6-1 ruling, the court indicated that employers may enforce contracts mandating workers to submit all […]


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Chicago, IL (Law Firm Newswire) September 30, 2014 – Personal grooming choices are not considered “protected” characteristics. “It is not against federal employment law for a company to decline to hire someone whose appearance does not appeal to them. Companies may base their hiring and work choices on an individual’s personal characteristics, and they may legally treat them differently according to their attributes,” explained Chicago employment attorney Thomas C. Coffey. Nationwide, an employer may not discriminate against an individual because of disability, race, color, nationality, age, sexual orientation or religion. Those classes are referred to as “protected” classes or groups. […]


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Chicago, IL (Law Firm Newswire) September 26, 2014 – Employers in some states may legally refuse to hire a smoker. Some employers will screen job candidates during the hiring process, and some include a nicotine test. At such companies, a positive result will disqualify a candidate. This practice is allowable under federal law. However, if a person is hired, many states forbid employers from firing the worker after a negative drug test or if the worker becomes a smoker while employed. “For the most part, an employer may ban smoking in the workplace. Demanding a smoker step outside to smoke […]


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Sacramento, CA (Law Firm Newswire) September 24, 2014 – California caregivers have filed a class action lawsuit against Kindred Healthcare, Inc. for the company’s failure to pay minimum wage and overtime. “The charges include rest and meal break violations among a plethora of allegations relating to failure to pay overtime and minimum wage,” noted Deborah Barron, a Sacramento business attorney not involved in the lawsuit. “One plaintiff claims that she was denied overtime, and another suggests that she was not paid her full wages for helping an in-home care client.” Kindred Healthcare is one of the largest post-acute health services […]


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Chicago, IL (Law Firm Newswire) September 22, 2014 – Personal grooming choices are not considered “protected” characteristics. “It is not against federal employment law for a company to decline to hire someone whose appearance does not appeal to them. Companies may base their hiring and work choices on an individual’s personal characteristics, and they may legally treat them differently according to their attributes,” explained Chicago employment attorney Thomas C. Coffey. Nationwide, an employer may not discriminate against an individual because of disability, race, color, nationality, age, sexual orientation or religion. Those classes are referred to as “protected” classes or groups. […]


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Chicago, IL (Law Firm Newswire) August 29, 2014 – In an at-will employment arrangement, an employer may terminate a worker any time for a wide number of reasons. An employee may also quit any time for any reason, but he or she should do so with respect and courtesy if possible. “If you are thinking about quitting your job, make certain you know if you live in an at-will employment state, such as Illinois,” suggested Chicago employment attorney Timothy Coffey. “In virtually all states (with the exception of Montana), workers are presumed to be at-will employees unless the employment terms […]


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Chicago, IL (Law Firm Newswire) August 22, 2014 – Most states hire workers “at-will.” Even though employees may usually be laid off at any time without notice, state and federal laws protect workers in some circumstances. “It is good common sense to understand whether or not you are employed at-will in your state. It affects how any labor disputes may be handled. Illinois is an employment-at-will state,” explained Timothy Coffey, a respected Chicago employment lawyer. State and federal laws protect workers in some circumstances. For instance, if a worker in Illinois has an employment contract, they do not have at-will […]


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Chicago, IL (Law Firm Newswire) August 8, 2014 – At-will employment means an employer may terminate a worker any time for many reasons. An employee may also quit any time for any reason, but should do so with respect and courtesy if possible. “If you are thinking about quitting your job, make certain you know if you live in an at-will-employment state, such as Illinois,” indicated Chicago employment attorney, Timothy Coffey. “For instance, in virtually all states, with the exception of Montana, workers are presumed to be at-will employees, unless the employment terms fit an exception to the prevailing rule, […]


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Chicago, IL (Law Firm Newswire) June 13, 2014 – Any agreements signed upon employment should be vetted with an employment attorney. Be on the alert for a clause indicating arbitration. Employment agreements may have a provision in them that a worker must submit to arbitration should there be a workplace dispute. If that agreement is signed without speaking to an employment attorney, the signatory is agreeing to resolve any disputes with an employer by means of arbitration. The arbitrator would be a privately hired judge. “Agreeing to arbitration as a dispute resolution mechanism means you have signed away your right […]


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Chicago, IL (Law Firm Newswire) June 6, 2014 – Every state protects workers from various forms of discrimination. However, not all states protect transgender, lesbian, gay or bisexual workers from discrimination (LGBT). “Every state in the Union prohibits discriminating against workers based on their religion, race, national origin, gender and so forth. However, not every state offers the same kind of protection for LGBT employees,” outlines Timothy Coffey, an experienced Chicago employment attorney. Currently, there are 21 states and the District of Columbia that do offer protection to LGBT employees from discrimination. The remaining 29 states offer nothing in the […]


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New York, NY (Law Firm Newswire) May 13, 2014 – Marjorie Mesidor has been admitted to the Supreme Court Bar, the highest Bar in the United States. Mesidor is the Lead Counsel at Phillips & Associates, a New York employment law firm. On May 4, 2014, Mesidor traveled to Washington, D.C., to attend the Supreme Court’s announcement of its decision in Town of Greece v. Galloway. Following the announcement, Mesidor and 20 other members of the Brooklyn Bar Association were admitted to the court on motion. All 21 attorneys took an oath to confirm the motion, and Justices Alito and […]


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Chicago, IL (Law Firm Newswire) May 13, 2014 – Unless an employment contract exists, an individual is likely an “at-will” worker. An “at-will” worker may be terminated virtually anytime, for any reason. “Although an at-will worker may be fired just about anytime and for many reasons, those reasons must not be discriminatory. If you were fired for discriminatory reasons, this is wrongful termination and you need to seek the services of a competent employment attorney. If you have been wrongfully terminated, you have solid legal protection offered by the federal government,” points out well-known Chicago employment attorney, Timothy Coffey. Discrimination […]


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Chicago, IL (Law Firm Newswire) May 6, 2014 – Despite most states adhering to an “at will” arrangement for workers, laying off employees is regulated by law. “Many employers do not always realize that laying off workers is strictly regulated by law and if those rules are not followed according to a crystal clear layoff policy, they run the risk of being sued,” explains Timothy Coffey, a respected Chicago employment attorney. These days, with the tough economy, there are many companies forced into mass layoffs to make ends meet and keep their company afloat for the long-term. If a business […]


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Chicago, IL (Law Firm Newswire) April 14, 2014 – The Equal Employment Opportunity Commission (EEOC) settled its first systemic class-action lawsuit at the beginning on 2014 claiming a company violated the Genetic Information Nondiscrimination Act (GINA). “In this case, the EEOC sued an employer for asking, post job offer, that applicants obtain pre-employment medical examinations that included detailed questions about their family medical history,” recounts Timothy Coffey, a noted Chicago employment attorney. The lawsuit was filed in 2013 and resulted in a $50,000 settlement, as well as injunctive relief. It began when Founders Pavilion, Inc., a New York rehabilitation center […]


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Chicago, IL (Law Firm Newswire) April 7, 2014 – Employers are legally obligated by the Americans with Disabilities Act (ADA) to talk to a disabled worker about reasonable accommodations for them, even if they are on final suspension before being fired. “In Spurling v. C&M Fine Pack, Inc. (No. 13-1708), the court outlined what an employer must do in discussing with them reasonable accommodations for their disability, even if they are about to be let go,” explains well respected Chicago employment lawyer, Timothy Coffey. The facts of this case indicated that plaintiff Spurling had worked for this company since 2004. […]


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Austin, TX (Law Firm Newswire) March 26, 2014 – A former police chief has settled a lawsuit against the city of Jasper, Texas and other defendants, having claimed that he was discriminated against because of his race. Rodney Pearson, the first African-American police chief of Jasper, filed the lawsuit. He claimed that Jasper Mayor Mike Lout, also the owner of a local radio station, portrayed Pearson as a “thief” in an attempt to stoke racial tension against him. Pearson’s employment was terminated in June 2012 after a recall election removed three black city council members and elected a white majority. […]


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Participants are paid to review branding material and provide feedback on proposed designs. San Francisco, CA (Law Firm Newswire) March 18, 2014 – When law firms rebrand, create new marketing literature or design a new website, they want to know what their target market thinks. Anyone who has hired a lawyer in the United States after 2004 can now receive compensation for participation in a Custom Legal Marketing focus group. To qualify, a focus group participant must have retained a lawyer within the last 10 years. Both the focus group member and the retained attorney must have been (and be) […]


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Chicago, IL (Law Firm Newswire) March 12, 2014 – Baker & Taylor, a large distributor of digital and print content, agreed to a decree to resolve a pending lawsuit filed by the Equal Employment Opportunity Commission (EEOC). “The initial complaint alleged that Baker & Taylor were in violation of Section 707(a) of Title VII of the Civil Rights Act by linking severance pay to a virtually unenforceable and misleading severance agreement that interfered with a worker’s right to file charges and speak to the EEOC,” explains Chicago employment attorney, Timothy Coffey, for The Coffey Law Office, P.C., an employment litigation […]


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