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  • At-Will Employees in Illinois Must Be Employed for Two Years for Non-Competes to be Enforceable

    The Illinois Appellate Court for the First District recently found in the case of Fifield v. Premier Dealer Servs., Inc., that an employee must work for the employer for at least two years in order for a non-compete agreement to be enforceable, even if the employee resigns on his own instead of being terminated….

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  • Supreme Court Adopts More Stringent Standard of Proof for Retaliation Claims

    The U.S. Supreme Court recently issued its decision in University of Texas Southwestern Medical Center v. Nassar, adopting a “but for” standard of proof for Title VII retaliation claims. Previously, there had been a split amongst the Federal Courts of Appeal as to the proper standard of proof in retaliation cases. Specifically, there was…

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  • Guardsman Sues Target for Wrongful Termination

    Andrew Lanier, a member of the Pennsylvania Army National Guard, sued Target Corporation in a federal court in Pittsburgh saying he was wrongly terminated for violating its “no-call, no-show” policy while he was on a training assignment. According to Lanier, he told his supervisors about the training duty in October 2011 but was fired…

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  • Bradley Manewith Appointed to NELA/IL Executive Board

    Bradley Manewith was recently appointed to the Executive Board of the National Employment Lawyers Association (NELA), Illinois chapter. NELA is the country’s largest professional organization comprised of lawyers representing employees in employment-related matters. Mr. Manewith’s position with the Executive Board will be to lead the Membership Committee. As such, he will be responsible for…

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  • Tortious Interference Claim Survives Preemption

    Judge Ronald A. Guzman decided that allowing a plaintiff to assert a tortious interference claim against a defendant, which is not an FMLA employer, would not frustrate the statute’s goals of balancing workplace and family demands while also accommodating employers’ legitimate interests and promoting equal employment opportunity. If administrators were exempt from both FMLA…

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  • A Victory for Unpaid Interns

    A New York judge recently ruled for unpaid interns who worked on the hit movie Black Swan. The ruling held that the two men “were essentially regular employees” and that “these internships did not foster an educational environment and that the studio received the benefits of the work.” Fox’s argument was that its internship…

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  • Seventh Circuit Affirms District Court’s Order Quashing Attorney Lien in Employment Law Dispute

    Attorney-Appellant Barry Gomberg represented appellee Anil Goyal briefly in settlement negotiations concerning Goyal’s retaliation claim for whistle-blowing against his employer, Gas Technology Institute (GTI). The negotiations were fruitless and Gomberg’s representation of Goyal ended when Goyal rejected GTI’s settlement offer of $375,000. Five years later, Goyal settled the case with GTI for about $1.3…

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  • Ninth Circuit Held that District Court Abused Discretion in Not At least Holding Evidentiary Hearing on Allegations Strongly Pointing to Unenforceability of Forum Selection Clause

    The Ninth Circuit has held that the district court erred by not conducting an evidentiary hearing to determine the enforceability of the forum selection clause at issue. Plaintiff Petersen was recruited to work in Saudi Arabia as a flight instructor for Boeing International Support Services (BISS), a subsidiary of Boeing Corporation. Prior to departing…

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  • Central District of California Applied Wrong Legal Standards When it Denied Class Certification

    The Ninth Circuit reverses a denial of a class certification. Plaintiff-Appellant Leyva seeks to represent approximately 538 employees of Defendant-Appellee Medline Industries, Inc. The putative class members are current and former hourly employees in the company’s three California distribution warehouses. The district court found that the putative classes appeared to meet the requirements of…

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  • EEOC Settles its First GINA Lawsuit

    The Genetic Information Nondiscrimination Act (“GINA”), which was passed by Congress in 2008, generally makes it illegal for employers with more than 15 employees to ask about (1) an individual’s genetic tests; (2) the genetic tests of individual’s family members; and (3) the manifestation of a disease or disorder in the family members of…

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