Answers Posted By Stephen Glickman
posted Jan 19, 2011 12:26 PM [EST]
Answer to Job discontinuation due to FMLA useIt is illegal for an employer to retaliate against an employee for exercising his or her FMLA rights. It is also illegal for an employer to interfere with an employee's exercise of his or her FMLA rights.
The issue is whether the position elimination is legitimate or just pretext for FMLA retaliation and interference. The statement by the HR person and the harassment may help to show that it is the latter.
posted Nov 24, 2010 11:26 AM [EST]
Answer to Sexual Harrassment and UnemploymentReport the sexual harassment to management asap. Follow the reporting procedure contained in any sexual harassment policy the company might have. Report in writing; consult with an employment attorney first.
Don't quit. The company is required to promptly investigate and take appropriate remedial action. If it fails to do so, its liability will increase.
Sexual harassment claims under the Illinois Human Rights Act apply to companies of all sizes--there is no minimum number of employees requirement. There is also individual liability for the sexual harasser. A Charge of sexual harassment must be filed with the Illinois Department of Human Rights within 180 days of any violation. Time is of the essence to your claim.
posted Sep 23, 2010 12:15 PM [EST]