Section Newsletters

Articles From Michael R. Lied

Claimant Seeking Only Part-Time Work Found Ineligible for Unemployment Benefits By Michael R. Lied Labor and Employment Law, February 2022 A summary and analysis of Teresi v. Dep’t of Employment Security, et al.
Employer Fumbles Attempt to Remove Case From State Court By Michael R. Lied Federal Civil Practice, December 2021 A summary and analysis of Railey v. Sunset Food Mart, Inc.
Employee’s Misconduct Disqualifies Her From Receiving Unemployment Benefits By Michael R. Lied Labor and Employment Law, April 2021 A summary and analysis of Ken’s Beverage, Inc. v. Michelle P. Wood.
Existence of Employment Contract Bars Retaliatory Discharge Claim; School Principal Qualifies as ‘Minister’ So That Whistleblower Claim Fails By Michael R. Lied Labor and Employment Law, March 2021 In a recent case, the Illinois Supreme Court ruled that an ex-employee who had been employed under an employment agreement could not state a claim for common law retaliatory discharge.
Court Will Not Aggregate Employees of Separate Companies to Reach Title VII Threshold By Michael R. Lied Labor and Employment Law, December 2020 InPrince v. Appleton Auto, LLC, the plaintiff's attempt to try to combine the employees of several related companies to reach or exceed the necessary number of employees for the company to be subject to specific employment laws was rejected.
Nondisparagement Clause Does Not Violate National Labor Relations Act By Michael R. Lied Labor and Employment Law, December 2020 In IGT d/b/a International Game Technology, the general counsel alleged that IGT violated section 8(a)(1) of the National Labor Relations Act by maintaining an overly-broad nondisparagement provision in an agreement.
Illinois High Court Will Not Apply Federal Successor Liability Doctrine By Michael R. Lied Labor and Employment Law, October 2020 In People ex rel. Department of Human Rights v. Oakridge Healthcare Center, LLC, the Illinois Supreme Court considered, but rejected, the federal approach to successor liability in cases under the Illinois Human Rights Act.
Trial Court Errs in Denying Motion to Intervene as a Matter of Right By Michael R. Lied Federal Civil Practice, September 2020 A summary of Driftless Area Land Conservancy & Wisconsin Wildlife Federation v. Huebsch, et al.
What Kind of Evidence Must an Employee Present to Prove He Worked Unpaid Overtime? By Michael R. Lied Labor and Employment Law, May 2020 A summary of VIET v. LE.
Court Fashions Test for Challenging Collective Action Notices Based on Arbitration Agreements By Michael R. Lied Labor and Employment Law, March 2020 A summary of Bigger v. Facebook, Inc.
Court Refuses Discovery of Litigation Funding Information By Michael R. Lied Labor and Employment Law, March 2020 A summary of  In re Valsartan N-Nitrosodimethylamine (NDMA) Contamination Products Liability Litigation.
Employers Must Use New I-9 Employment Verification Forms By Michael R. Lied Labor and Employment Law, March 2020 As of Jan. 31, employers should begin using Form I-9 with revision date of October 21, 2019, to comply with their employment eligibility verification responsibilities.
Expert Testimony on Implicit Bias Barred By Michael R. Lied Labor and Employment Law, March 2020 A summary of Abdullah Haydar v. Amazon Corporate LLC.
Authentication of Electronic Evidence Is a Little Easier By Michael R. Lied Federal Civil Practice, December 2019 An overview of the impact of the 2018 amendments to the Federal Rules of Evidence.
Employee’s Unusual Behavior May Alert Employer to Possible Disability By Michael R. Lied Labor and Employment Law, December 2019 A summary of Valdivia v. Township High School District.
Illinois Recognizes Successor Liability Under Human Rights Act By Michael R. Lied Business Advice and Financial Planning, December 2019 In a recent appellate case, the court held that a corporate successor may be liable for the civil rights violation of a predecessor under the Illinois Human Rights Act.
Interlocutory Appeal Fails Due to Procedural Misstep By Michael R. Lied Federal Civil Practice, December 2019 A summary of Groves v. United States.
Nondisparagement Policy May Violate the National Labor Relations Act By Michael R. Lied Labor and Employment Law, December 2019 The National Labor Relations Board’s Office of the General Counsel recently considered whether former employees breached a nondisparagement agreement by criticizing the employer in negative online reviews.
RATS! The Continuing Adventures of Scabby the Rat By Michael R. Lied Labor and Employment Law, December 2019 Recent developments on labor disputes.
Can Illinois Limit Mandatory Arbitration Provisions? By Michael R. Lied Labor and Employment Law, October 2019 The Illinois Workplace Transparency Act goes into effect on January 1. Among other things, it purports to put a number of limits on mandatory arbitration agreements imposed by employers.
Did the Parties Agree to Arbitrate Their Disputes? By Michael R. Lied Labor and Employment Law, October 2019 A recent federal appellate case serves as a reminder that it is best practice to provide a written copy of an arbitration agreement and have individuals sign an acknowledgment of receipt and review of the arbitration provision.
Illinois Recognizes Successor Liability Under Human Rights Act By Michael R. Lied Labor and Employment Law, October 2019 In a recent appellate case, the court held that a corporate successor may be liable for the civil rights violation of a predecessor under the Illinois Human Rights Act.
Appeal Rules Trap Appellants By Michael R. Lied Federal Civil Practice, September 2019 Summaries of Nestorovic v. Metro. Water Reclamation District and In re Wade.
Employee not entitled to new boss By Michael R. Lied Labor and Employment Law, July 2019 A summary of Tinsley v. Caterpillar Financial Services, Corp.
For ADA protection, obesity must have physiological basis By Michael R. Lied Labor and Employment Law, July 2019 Many Americans are overweight or even obese. When does this create a condition protected by the Americans with Disabilities Act?
1 comment (Most recent July 18, 2019)
Court addresses retaliatory discharge under Wage Payment Act By Michael R. Lied Labor and Employment Law, May 2019 A summary of Karin Williams v. Keystone Peer Review Org., Inc., & Denise Rinell.
Court adopts successor liability theory under Illinois Human Rights Act By Michael R. Lied Labor and Employment Law, May 2019 A summary of People ex rel. Department of Human Rights v. Oakridge Nursing & Rehab Center.
Commissions or bonuses? It makes a difference By Michael R. Lied Business Advice and Financial Planning, March 2019 A summary of Daryl Sutula-Johnson v. Office Depot, Inc.
Commissions or bonuses? It makes a difference By Michael R. Lied Labor and Employment Law, February 2019 A summary of Daryl Sutula-Johnson v. Office Depot, Inc.
Lawsuit alleges “no-poach” agreement is antitrust violation By Michael R. Lied Labor and Employment Law, January 2019 Employers would be wise to consider abandoning no-poach agreements, particularly since antitrust damages can be very significant.

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