Author: Rock Fusco Connelly LLC
A Hostile Work Environment, or Simply in Bad Taste?
Every Friday, Cabela’s, a hunting, fishing and outdoor merchandise store in Hoffman Estates, held “Fun Fridays” to promote employee morale. Fun Fridays included anything from treats being brought into the office or games being played in the break room. On December 21, 2012, the tradition continued when a manager created eight videos from the website
Verbal Agreement May Lead to Insurance Coverage
If your business is operating in Illinois with a commercial general liability policy, you may want to grab your policy and examine the language regarding the ability to name additional insureds. Many general liability policies include the right to extend coverage to other entities. This is done in order to provide liability to entities that
Evolving Changes in Restrictive Covenant Requirements in Illinois
Prior to 2013, employers could argue that the fact of employment for a certain “substantial” period of time constituted adequate consideration to support a non-competition agreement. Since that time, several decisions throughout Illinois have turned that argument on its head. With each new decision, the general understanding of what constitutes consideration has shifted. In the
1st District Rules Insurance Broker’s Non-Compete Clause Overbroad and Unenforceable
A state appeals panel in the 1st District recently ruled, in Assured Partners, et. al. v. Schmitt, that several provisions in an insurance broker’s non-compete clause were too broad and unreasonable, and therefore unenforceable. The ruling provides another reminder to employers that, since the Illinois Supreme Court’s holding in Reliable Fire Equip. v. Arredondo, in
Appellate Court Ruling Demonstrates How Agency Is Established In A Liability Suit
Agency is a legal concept by which the acts of an agent can bind or otherwise create liability for the principal. Though there is no precise formula for determining the existence of an agency relationship, the main consideration is the principal’s right to control the agent. A principal need not actually exercise control over the
Building a Case with Social Media
Back in 2014, a Miami area prep school failed to renew its principal’s employment contract. The principal filed suit for age discrimination resulting in a settlement for $150,000.00. However, $80,000.00 of the settlement would be surrendered if the principal were ever to disclose the terms of the settlement to anyone other than his wife. Unfortunately
Expanding the Wage Payment Collection Act – Shifting the Burden to Employers
In 2010, Illinois overhauled the Illinois Wage Payment and Collection Act (the “Act”) in an effort to aid employees in their attempts to seek compensation from employers. Unfortunately, that overhaul may have unforeseen, far reaching consequences that the General Assembly originally intended. In particular, the Illinois Department of Labor (the “Department”) has found itself with
Why Daily Fantasy Sports Could Get Sacked By A Weak Legal Protection Scheme
Since its creation in 1962, fantasy sports has seen a significant growth in both popularity and variation. Throughout the years, these games have been based on a consistent model, whereby individuals pay a single entry fee to draft a team and compete against other teams over the course of an entire professional sports season. In
A New Limit to Tenancy by the Entirety
Tenancy by the entirety is one of the greatest advantages available to married homeowners. The Joint Tenancy Act (the “Act”) protects married homeowners by not allowing the creditors of one spouse to seize the home of both spouses. As a result, it is one of the few assets that is thoroughly protected from the actions
“For Cause” – How Two Words Could Cost Twelve Million Dollars
On February 1, 2006, Wallace Leyshon was in his office at Diehl Controls North America, Inc. (DCNA), when the CFO and the new chairman of DCNA, Dr. Weigand, unexpectedly entered and fired him. However, Leyshon was under contract and asked for a reason for his termination. Weigand initially refused to tell him, so Leyshon went