Menu Wessels Sherman Joerg Liszka Laverty Seneczko P.C.
Protecting Employers for Over 30 Years
Office Location
St. Charles, IL Chicago, IL Office Davenport, IA Office Minneapolis, MN Office Milwaukee, WI Office
St. Charles, IL Chicago, IL Office Davenport, IA Office Minneapolis, MN Office Milwaukee, WI Office
St. Charles, IL Chicago, IL Office Davenport, IA Office Minneapolis, MN Office Milwaukee, WI Office

Employment Policies and Procedures Archives

Recent Mass Shootings Have Again Raised Questions for Companies Regarding their Workplace Policies

Two of the five deadliest mass shootings in the United States have taken place over the last few months. On October 1, 2017, fifty-eight (58) people were killed at the Harvest Music Festival in Las Vegas, Nevada. In that shooting, a gunman fired from the 32nd floor of the Mandalay Bay Resort and Casino on a crowd of more than 20,000 gathered in Las Vegas for the Route 91 Harvest Music Festival. The gunman killed fifty-eight (58) people and injured more than five hundred (500). This was the deadliest mass shooting in modern US history.

Communications with Applicants, Current and Former Employees: Best Practices

Every day, as a regular part of doing business, employers need to discuss applicants or current and former employees. Communications have changed and evolved over the years and these communications can be in the form of any of the following:

An Employer Must: Keep Records of All Important Employee Interactions

At Wessels Sherman, we cannot stress to our Illinois clients enough the importance of good record keeping. Employers of all sizes will say, "of course we keep our important records" and indeed they will have every time card, pay stub, and employment application for the previous five years (as they should). Those types of records are very important and do help protect employers from future wage and hour lawsuits under the Illinois Minimum Wage Law, Illinois Wage Payment and Collection Act, federal Fair Labor Standards Act, and other laws. However, many businesses fail to keep records of events or interactions which may have a less obvious but still enormous impact in protecting them from discrimination lawsuits down the road.

Expanding Title VII?

The Seventh Circuit Court of Appeals' landmark decision in Hively v. Ivy Tech Community College of Indiana (Case No. 15-1720), which established that Title VII of the Civil Rights Act of 1964 bans discrimination on the issue of sexual orientation, may be an indication that the Courts are willing to adopt much more inclusive positions towards gay workers and may, as well, keep moving in that same direction with regard to transgender employees. It is quite clear from a review of print and social media that LGBT advocates are becoming much more aggressive in the challenging of perceived discrimination in the workplace. Clearly, the Legal Basis behind the Seventh Circuit Court of Appeals Decision in Hively could also be used in future Cases to widen the scope of protection for transgender workers.

Being Caught in a Tangled Web

In the March, 2017 Client Alert, the Author submitted an Article on giving guidance to Employers in the creation of good documentation to substantiate and defend Employment Decisions when those Decisions are called into question. While the presence (or lack thereof) of good documentation can be the success or failure in any Employment Litigation, there are certain situations where an Employer's documentation may create a "tangled web" in which an Employer catches himself/herself.

Good Employer Documentation

One of the most difficult and time consuming tasks that has confronted me over my lengthy career as a Management Labor Employment Lawyer is the continuing lack of documentation - i.e. evidence - that exists when I am attempting to defend either a Union Grievance, an EEOC Charge, etc. The most important thing that a Supervisor, HR Professional or Employer Representative must remember is that you have to accurately and completely document any event dealing with Employee Discipline.

Illinois' Sick Leave Saga

As most of the Employers in the State of Illinois are aware, there has been recent activity by the City of Chicago, the County of Cook and the Illinois State Legislature to create specific provisions providing "Sick Leave" for Employees.

The Marijuana Plant Keeps Growing!

In two (2) Wessels Sherman Client Alerts (August, 2015 and December, 2015) I wrote articles about the expansion of Medical Marijuana usage and its authorization in then twenty-three (23) States (Alaska, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington, as well as the District of Columbia) and also the fact that there were four (4) States that permitted the "recreational use" of Marijuana that also allowed Medical Marijuana (Alaska, Colorado, Oregon, and Washington). With the past Election of November 8, 2016, that list of States is rapidly expanding.

Dealing with Post-Election Conflict in the Workplace

As we all know, events occurring outside the workplace usually find their way into the workplace - but generally with little disruption or impact. It is therefore not surprising that the results of the recent election and the divisiveness that it has produced have spilled into the workplace - only this time with disruptive and serious consequences.

Office Locations

140 S. Dearborn Street
Suite 404
Chicago, IL 60603

Phone: 312-629-9300
Map & Directions
Chicago, IL Office

9800 Shelard Parkway
Suite 310
Minneapolis, MN 55441

Phone: 952-746-1700
Map & Directions
Minneapolis, MN Office

1860 Executive Drive
Suite E-1
Oconomowoc, WI 53066

Phone: 262-560-9696
Map & Directions
Milwaukee, WI Office

101 West Second Street
Suite 307
Davenport, IA 52801

Phone: 563-333-9102
Map & Directions
Davenport, IA Office

Dunham Center
2035 Foxfield Road
St. Charles, IL 60174

Phone: 630-377-1554
Map & Directions
St. Charles, IL Office

Wessels Sherman Joerg Liszka Laverty Seneczko P.C.

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.