Latest from The Fish Law Firm Blog - Page 2

May 1, 2020 (Cook County, Illinois):    Our client, a former director-level employee of a transportation company, filed a claim for a 1-year severance payout.   The defendant employer took the position that severance was only due if the employee was terminated by the company.  As our client had resigned, the company refused to pay the severance.  As such, we filed a lawsuit in the Cook County, Illinois to recover one year of severance pay plus other benefits.  We sued for breach of contract and filed a claim under the Illinois Wage Payment and Collection Act which allows the recovery of
Continue Reading Key Motion to Dismiss Defeated In Severance Pay Lawsuit

April 30, 2020:     Judge Kennelly of the US District Court in Chicago, Illinois granted final approval of our overtime class action lawsuit against DTLR–a national retail shoe store chain.
Class members will receive 100% of overtime owed before allowed expenses.   Furthermore, overtime class members will receive a proportionate share based on the number of pay periods they worked from the beginning of the statutory period until the end of the practice, approximately June of 2017. This amounts to approximately $40.00 per pay period worked.  Both the Regular Rate and Deduction Class Member awards were determined by using Defendants’ payroll
Continue Reading Final Approval Granted in DTLR Chicago Overtime Class Action Lawsuit

April 30, 2020:   Attorneys Thalia Pacheco, Seth Matus, and Kim Hilton presented to the DuPage County Bar Association about COVID-19 Issues In The Workplace   Congratulations to Attorney Rebecca Obarski for winning the Kahoot game; a $1,000 donation will be made in her honor to Loaves and Fishes food pantry to help end hunger in DuPage County.

Presentation materials are available here:

COVID-19 Related Leave Rights, Unemployment, and Employer Issues Powerpoint

The post DuPage County Bar Presentation on Covid-19 Issues appeared first on Fish Law -Illinois Employment Attorneys.
Continue Reading DuPage County Bar Presentation on Covid-19 Issues

April 23, 2020:  We are pursuing a putative class action lawsuit against an out-of-state insurance company on behalf of the Hollywood Boulevard Cinema in Woodridge, Illinois and also for the Buttermilk restaurants in Naperville, Geneva, and Vernon Hills, Illinois.   

To read news coverage about the lawsuit, click here. 

The post Firm Pursues Federal Lawsuit Against Insurance Company On Behalf Of Local Businesses Suffering From Illinois COVID-19 Shutdown Order appeared first on Fish Law -Illinois Employment Attorneys.
Continue Reading Firm Pursues Federal Lawsuit Against Insurance Company On Behalf Of Local Businesses Suffering From Illinois COVID-19 Shutdown Order

The Fish Law Firm filed a Charge of Discrimination with the Chicago office of the National Labor Relations Board.  The Charge was filed by a nurse who worked at Mercy Hospital in Chicago who alleges wrongful termination in a dispute involving a face mask & her concern over COVID-19 exposure.  She alleges that she was instructed to remove a protective mask that she purchased on-line at Amazon for her own protection in working on the front line with persons potentially exposed to COVID-19.  She alleges she complained to management about the need for protective masks and she was fired shortly
Continue Reading Firm Files Unfair Labor Charge For Nurse Who Screened COVID-19 Patients After Being Fired From Mercy Hospital

WORK IN A TIME OF CORONAVIRUS
The Legal Issues Facing Employers During A Global Pandemic
By Seth Matus, Of Counsel
Like most people, I have spent the past few weeks in a state of bemused dread, watching schools and universities close, civic and sporting events get cancelled or postponed around the world and now, millions of people being ordered to stay at home as much as possible, including all residents of Illinois. To survive this unprecedented uncertainty, employers are being forced to make difficult business decisions.  Even in this emergency situation however, managers need to consider numerous employment laws as
Continue Reading The Legal Issues Facing Employers During A Global Pandemic

March 23, 2020:    False Claims Act Settlement:    We filed a qui tam/False Claims Act case on behalf of two former employees of a medical practice.  We alleged in our lawsuit that an orthopedic medical practice was paying kickbacks to another physician in exchange for referrals.  We alleged that this conduct violated the False Claims Act, 31 U.S.C. § 3729, et seq.; the Illinois False Claims Act, 740 ILCS 175/1 et seq.; the Stark Law, 42 U.S.C. § 1395, et seq. and the Anti-Kickback Statute, 42 U.S.C. § 1320 a -7(b).
After the United State and the State of Illinois declined
Continue Reading Settlement Against Medical Practice For Allegedly Paying Kickbacks For Patient Referrals

 
Explanation of workplace rights under the law, including the new Families First Coronavirus Response Act
Q.I am worried about catching Caronavirus/COVID19; do I have to go to work?
A. Just being worried is not enough to get you out of work. Assuming you work at a place that is allowed to stay open as an essential service, your employer can generally require you to go to work.
While just being worried is not enough, if you work for an employer with less than 500 employees, there are some exceptions that allow you to take time off and also be
Continue Reading Employee Workplace Rights Due To Caronavirus / COVID19

March 19, 2020:  Click here to watch CBS’s Dana Kozlov interview David Fish regarding Caronavirus/COVID-19 issues in the workplace.

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“The information contained on this site, submitting a case to us, and/or discussing your case with us does NOT create an attorney-client relationship. Only an executed engagement letter will create an attorney-client relationship. In other words, we are not your lawyer until we agree through a written
Continue Reading Employment Lawyer Fish’s CBS Interview Regarding COVID-19 And Employment Rights

March 19, 2020:  Click here to watch CBS’s Dana Kozlov interview David Fish regarding Caronavirus/COVID-19 issues in the workplace:
Coronavirus In Illinois: Unemployment Claims Skyrocket In Three Days

The post David Fish interviewed on CBS regarding impact of COVID-19 On Employment Law appeared first on Fish Law -Illinois Employment Attorneys.
Continue Reading David Fish interviewed on CBS regarding impact of COVID-19 On Employment Law

As a result of the forced closure of restaurants and bars, thousands of Illinois employees are out of work. A local law firm is setting up an emergency free legal clinic to help advise Illinois workers about their rights.  Volunteer attorneys from The Fish Law Firm PC—Employment Lawyers are available for a free telephone or video conference (sorry no in person meetings in light of allowing our lawyers to work from home) for Illinois workers.
Many people have been negatively impacted by the State of Illinois’ policies related to the containment of the COVID-19 virus.  This includes, but is not
Continue Reading EMERGENCY FREE LEGAL CLINIC FOR ILLINOIS WORKERS AFFECTED BY COVID-19

March 9, 2020
Class Members in the Dabecca Natural Foods Case Can Learn About the Class Action Settlement Here:
On March 9, 2020, the Cook County Court preliminary approved a $999,975 class action settlement that was brought under the Biometric Information Privacy Act (BIPA).
Members of the Cook County Class Action can review the settlement agreement here by clicking below:
Agreement of Settlement
Members of the Cook County Class Action can review the preliminary approval order here:
Preliminary Approval Order
 
The post Dabecca Natural Foods Class Action BIPA Settlement–$999,975 appeared first on Fish Law -Illinois Employment Attorneys.
Continue Reading Dabecca Natural Foods Class Action BIPA Settlement–$999,975

February 25, 2020:   We defended a manufacturing company in a breach of contract lawsuit claiming nearly $6 million in damages as a result of the purchase of equipment.    On February 25, 2020, Judge Kocoras of the Northern District of Illinois (Chicago, Illinois) granted our client’s motion to dismiss the plaintiff/purchaser’s claim for consequential damages.    This motion resolved millions of dollars in claimed damages in the case.  The court rejected the purchase’s attempt to get around the consequential damages waiver by claiming it was unconscionable.   The court held that because both parties to the contract were “sophisticated business parties”
Continue Reading Multi-Million Dollar Victory For Manufacturing Client

Register here for upcoming Zoom CLE and you might win a $1,000 donation to Loaves & Fishes Community Services.
Topic: DuPage Bar Association–Employment Issues Related to the COVID-19 Pandemic
 
Moderator: David Fish, The Fish Law Firm P.C.
 
Speakers: Kim Hilton, Thalia Pacheco and Seth Matus
 
A panel of attorneys from The Fish Law Firm P.C. will discuss employment issues related to the COVID-19 pandemic. Topics addressed will include unemployment issues, extended FMLA/emergency paid sick leave, and COVID-19 practical considerations for employers. In the course of learning, attendees will play a trivia game. The Fish Law Firm will make
Continue Reading WIN A $1,000 DONATION! DUPAGE BAR ASSOC. — EMPLOYMENT ISSUES RELATED TO THE COVID-19 PANDEMIC

February 18, 2020:   A federal magistrate judge in Chicago, Illinois granted final approval today in a $290,000 wage and overtime class action settlement with Metro Link IL, LLC relating to its employees who worked at its stores (selling the MetroPCS brand) in Illinois.   We represented approximately 400 employees.    Class members need not do anything to received payment; checks will be mailed to them.  Congratulations to Overtime Attorney John Kunze for his excellent work for the Metro employees who we had the pleasure of representing.
The lawsuit alleged that the computations of overtime pay was incorrect for the workers.
Regular
Continue Reading Final Approval Granted in Chicago Overtime Lawuit

January 31, 2020:   Thalia Pacheco, the leader of the firm’s discrimination department, presented to clients of the Worknet DuPage Career Center in Lisle, Illinois about employment law changes.   The new laws in Illinois are extensive and include amendments to the Illinois Human Rights Act, Cannabis/Marijuana regulations, the Artificial Intelligence Video Interview Act, the Workplace Transparency Act, and more.
 
For several years, the employment lawyers at our firm have provided presentations to WorkNet’s client to update them about employment laws and navigate the complex job hunting process.   It is a great organization.  For DuPage County job seekers, we recommend this organization
Continue Reading Attorney Pacheco’s Presentation About New Illinois Employment Laws