By: Julie A. Proscia, SmithAmundsen LLC
Giving criticism, even when it is constructive, is uncomfortable. As a consequence, managers tend to “forget” to perform annual evaluations or engage in “little white lies” when they actually do evaluate the employees performance. An unwarranted positive or even neutral performance evaluation is detrimental to an employer for both internal morale and an external defense to litigation. When an employer glosses over problem areas the employee has no motivation to correct the improper behavior and is shocked when they are later selected for termination. This shock then turns to anger which frequently results in the employee grasping for a reason for the termination, that could not possibly be their own performance, and this reason then often results in the employer defending costly litigation that could have of easily of been prevented with regular accurate performance evaluations.
Archive for the ‘Labor Law’ Category
Performance Evaluations “101″ - How to Conduct a Performance Evaluation that Motivates the Employee and Protects the Employer
Monday, March 8th, 2010LABOR’S FRUSTRATION WITH WASHINGTON LEADS TO INCREASE IN TRADITIONAL ORGANIZING
Friday, February 26th, 2010By: Jeffrey A. Risch, Esq. – SmithAmundsen LLC
Over a year ago the Obama Administration welcomed labor with open arms. Last January President Obama euphorically stated to union bosses “WELCOME BACK TO YOUR WHITE HOUSE.” Today, that euphoria has greatly subsided. The BIG promise made to labor was (and still is) the Employee Free Choice Act or EFCA whereby unions could organize an employer’s workforce without a secret ballot election. In other words, EFCA would allow labor to organize with a simple majority of workers executing a union authorization card. In light of recent political events, significant union organizing reform may not come any time soon.
With EFCA or without EFCA organized labor believes it must do something about the ever increasing decline of union representation in the private sector. Less than 7.2% of all U.S. private sector workers are represented by a union. Take away the transportation and construction industries and that percentage drops to less than 5%. There is no question that organized labor must fight for a remarkable change in the law to make it easier for it to organize workers. To counter this trend organized labor believed an Obama Presidency, coupled with both the House and Senate controlled by the Democrats, would surely provide the “once in a lifetime” opportunity to pass EFCA and create unions through a simple card-check process.
Professional Development for HR Professionals - Illinois HR Excellence Certificate Program, Scholarships!
Wednesday, February 24th, 2010SCHOLARSHIP APPLICATIONS: NOW OPEN!
If you have any questions about the application process contact Jean Drasgow at jdrasgow@illinois.edu
IDOL Sheds Light on the Term Violation Under the IL Prevailing Wage Act
Wednesday, February 17th, 2010By: Jeffrey A. Risch, SmithAmundsen LLC
The Illinois Department of Labor (IDOL) is the only entity that can lawfully determine whether a contractor is in actual violation of the Illinois Prevailing Wage Act (IPWA). 820 ILCS 130 et. seq. In the context of prevailing wage law, the term “violation” is often maligned. Far too often individuals, groups and entities (public and private) misuse the term violation to an extent that creates problems and issues when bidding and securing public work.
Illinois’ Administrative Labor Code defines “violation” under the IPWA as:
Questions Answered - Volunteer Emergency Worker Job Protection Act
Thursday, February 11th, 2010How does the act define “volunteer emergency worker”?
A firefighter, Emergency Medical Technician, ambulance driver or attendant, or first responder that is considered a volunteer, not receiving monetary compensation for his or her services from a fire department or fire protection district. “Monetary compensation” does not include a monetary incentive awarded by the board of trustees of a fire protection district.
Can an employee be terminated for absences or tardys related to responding to an emergency under this act?
Questions Answered about Jury Duty
Tuesday, February 9th, 2010Must I grant my employees time off to serve on jury duty?
Yes, in Illinois employers are required to allow employees time off to serve on a jury without any penalty from the employer. However, the employee must notify the employer that they have received a jury summons within 10 days after receiving the summons. The employer can require the employee to show the jury summons.
What if the employee is working on a night shift and the jury duty is scheduled during the day?
Illinois Appellate Court Rewrites Restrictive Covenant Law
Tuesday, February 2nd, 2010By Brian K. LaFratta and Joel W. Rice, Fisher & Phillips
A landmark Illinois Appellate Court decision was recently issued making restrictive covenants substantially easier to enforce, at least in central Illinois. In this article, the prevailing party’s attorneys explain the implications of the decision, as well as the circumstances that led to this significant change in the law.
For years, many Illinois businesses have used restrictive covenants (or covenants not to compete) to protect their customer relationships and confidential information. Such covenants, which are typically part of employment agreements, provide that employees cannot solicit the company’s customers or otherwise compete with the company after the termination of their employment. Recognizing that such covenants are a restraint of trade and detrimental to employees’ job prospects, Illinois courts have historically not looked favorably on them and have imposed strict requirements that must be met in order for the covenants to be enforceable.
Illinois’ Vehicle Code and Phone Use in School Zones Act
Monday, February 1st, 2010By: Jeffrey A. Risch, Esq., SmithAmundsen LLC
2010 has already brought forth substantial legislative changes that require companies to revamp their policies and procedures.
On January 1, 2010, an amendment to the Illinois Vehicle Code became effective, prohibiting drivers from using an electronic device to compose, send or read electronic messages. Electronic messages are defined to include, and are not limited to, email, text messages, instant messages, and/or commands or requests to access internet sites.
Questions Answered about USERRA
Thursday, January 21st, 2010Questions Answered… The Uniformed Service Employment and Reemployment Rights Act (USERRA)
Q. What is USERRA?
A. The Uniformed Services Employment and Reemployment Rights Act protects the rights of those who leave employment to serve in the military. Returning veterans are entitled to the same status, seniority, pay, and other benefits they would have earned had their employment not been interrupted.
Q. Who is required to comply with USERRA?
A. All private employers, as well as all federal, state, and local government, regardless of the number of employees.
Cobra Subsidy Extended
Thursday, January 14th, 2010By: Jon D. Hoag, Wessels Sherman, P.C.
On December 19, 2009, President Obama signed legislation into law extending the eligibility date for the COBRA premium subsidy, which was originally established under the American Recovery and Reinvestment Act (ARRA). Prior to this extension, only individuals who were involuntarily terminated and who lost coverage before December 31, 2009 were eligible to receive the 9-month COBRA subsidy.
Eligibility Period
The new law extends the eligibility for the COBRA subsidy for two (2) additional months, through February 28, 2010. The law also clarifies that an individual only need qualify (e.g. be involuntarily terminated) on or before February 28, 2010. That is, the requirement that the individual also become eligible for COBRA prior to the February 28, 2010 deadline has been eliminated.
