Successes in the Year 2008
With far more cases going to trial in 2008 than any prior year, the firm enjoyed a winning rate of 75%. Continued growth in the strength of our legal staff was accompanied by a growing caseload including the filing of larger class action cases. Below are a few examples of the many cases settled in 2008. Please note that cases can take anywhere from a few months to several years to reach their conclusions.
United States District Court (N.D.Ill.)
08 C 2256
(Overtime)
Our client was an Administrative Secretary for a major automobile manufacturer who worked many overtime hours in order to meet work deadlines and to avoid being terminated by the by the company. The Assistant General Manager would consistently deny payment of overtime hours to her, even when these hours had been approved by other managers. At one point she was threatened with discipline if she recorded more than eight hours worked on her time sheet no matter how many hours she actually worked. Eventually she was placed on a thirteen week probation and during this period, was required to attend two hour long meetings on a weekly basis to report her work performance to managers for which she was not paid. We settled the case to her satisfaction less than six months after filing.
United States District Court (N.D.Ill.)
07-50121
(Family and Medical Leave Act)
In this case, we sought a court order forcing a City to comply with the Family and Medical Leave Act. Our client, with thirteen years as a 911 dispatcher, was diagnosed with diabetes and approved for intermittent FMLA leave for the condition. Her overtime hours began to substantially increase and she sought to use her leave to limit them but was denied in violation of the FMLA. We settled the case to her satisfaction and she now receives the FMLA time she requires.
United States District Court (N.D.Ill)
07-2957
(Family and Medical Leave Act)
Our client had been Vice-President for National Accounts when he requested FMLA leave to have surgery done on his left knee. When that surgery was completed, he was informed that the same surgery would be needed for the right knee. Upon seeking approval for a second FMLA leave his supervisor complained of being "blind-sided," told him that he could not do it and began seeking his replacement. We settled the case to his satisfaction.
United States District Court (N.D.Ill.)
05-6925
(Sex Discrimination and Retaliation)
In this reverse sex discrimination case a male employee was subjected to greater scrutiny than his female co-workers. He was subject to sexually offensive remarks regarding the size of his penis. He was barred from receiving administrative support, while female professional staff members were given administrative support. When he complained about this conduct via an email sent not only to his supervisor but also to the Regional Administrator, President & CEO, and Vice President and Chief Operating Officer he was fired. We settled the case to his satisfaction.
PRE-FILING INDEPENDENT MEDIATION
(Family and Medical Leave Act)
In this unusual case settled by private mediation prior to filing in Court, our client returned from FMLA leave only to find that the person who had filled in for her while on her leave had "set a higher standard for job performance." Although her prior performance evaluations had lacked any complaint about her performance, her employer decided that there was more that could be done with the job than she had been doing based on the work of her temporary replacement. As a result, the employer suddenly determined that our client's performance was inadequate, and terminated her. In so doing, however, it effectively changed her job in violation of the FMLA regulations which require the employer to restore an employee returning from FMLA leave to the same job or one that is substantially similar. This requires that the job entail equivalent skill, effort, and responsibility as the job from which she left. Obviously that was not the case here. We settled this case to the client's satisfaction prior to even filing in court.
| 
