Protecting Employers Since 1985

Appellate Court Hands Northwestern University A Win In ADA & FMLA Suit

By James B. Sherman / April 26, 2023

The case was brought by a lab-tech employed by the university’s medical school, alleging several claims, including harassment, disability discrimination, and retaliation for taking FMLA leave for anxiety. The plaintiff also alleged she was called a “typical millennial,” “Princess Diana,” and teased about needing psychiatric help, or being “off her meds.” The FMLA claim named…

Read More


By James B. Sherman / March 31, 2023

Many jobs require regular overtime or some minimum number of hours per day or week. If working a certain number of hours amounts to an essential function of a job, employees or applicants who cannot work those hours are generally unqualified. Even under the ADA, excusing a disabled individual from regularly working the hours essential…

Read More

“Honest Suspicion” of Employee’s Abuse of Approved FMLA Leave, Justified Suspension

By James B. Sherman / February 17, 2023

The U.S. Court of Appeals for the Seventh Circuit recently upheld the dismissal of a lawsuit claiming an employer violated the FMLA by suspending its employee over his use of intermittent leave. The case involved a married couple who worked for the same employer. Both were certified and approved for intermittent FMLA leave, but for…

Read More

FMLA “Interference” Violations Not Confined to Denying Leave, Can Include Comments Discouraging Employee from Taking FMLA

By James B. Sherman / June 3, 2022

On June 1st the U.S. Court of Appeals for the Seventh Circuit, in Chicago, reversed a lower court’s dismissal of FMLA claims where the plaintiff employee’s request to use FMLA leave, had not been denied. The appellate court held that a verbal conversation that included an alleged threat to discipline the employee for taking more…

Read More

Illinois Employers Beware! The Illinois Sick Leave Act Differs from the FMLA as to Covered Family Members and Reasons for Leave

By Anthony J. Caruso Jr. / July 29, 2021

Illinois employers must carefully review their sick leave policies to ensure compliance under both state and federal laws.

Read More

DOL Provides Additional Guidance on FFCRA Obligations

By Alan E. Seneczko / March 30, 2020

Late Friday, March 27, and again on Saturday, March 28, the Department of Labor added a number of FAQs to its March 24 guidance. Here are some of the highlights, including guidance relating to business closures and layoffs, as well as the relation between emergency public health leave and other leave under the FMLA: Paid…

Read More

You Can’t Have It Both Ways – Company Prevails In Case Involving Conflicting Representations In ADA, FMLA and Worker’s Compensation Claims

By Alan E. Seneczko / December 5, 2019

By now it is almost cliché to talk about the “Bermuda Triangle” of employment law – difficult issues involving the ADA, FMLA and Worker’s Compensation and the consternation they cause employers. Recently, however, Wessels Sherman attorney Alan Seneczko, who manages the firm’s Wisconsin office, won a big victory for a client seemingly caught in that…

Read More

FMLA and Substance Abuse

By Walter J. Liszka / June 15, 2018

Substance abuse (whether it be related to alcohol or drug use) is a potentially serious workplace issue that can quickly become extremely complicated. It is very important for all Employers to keep in mind that substance abuse can, in and of itself, be considered as a serious health condition and as such, may come under…

Read More

Is Your Company Covered Under the Family and Medical Leave Act?

By Anthony J. Caruso Jr. / April 24, 2018

Did you Count Temp and Part-Time Employees? If you are a Company covered under the Family and Medical Leave Act (FMLA), eligible employees are entitled to leave (either consecutive or intermittent) of up to 12 work weeks of leave in a 12 month period under certain circumstances. PLUS the Company must continue to pay the…

Read More

Extended Medical Leaves and the ADA: Court Provides Much-Needed, Long-Awaited Clarity

By Alan E. Seneczko / October 12, 2017

“The ADA is an antidiscrimination statute, not a medical-leave entitlement.” These are the words employers have been waiting more than 25 years to hear, since the date the ADA first became effective, and even more so after the passage of the Family Medical Leave Act in 1993. They address an issue that has vexed employers…

Read More

COVID-19 Resources

Stay up-to-date about developments in the Midwest.


Schedule your confidential consultation

Contact Wessels Sherman if you would like to speak with one of our experienced labor and workplace attorneys, contact any of our four office locations and schedule a consultation.