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Recent Blog Posts
U.S. Agricultural Workers Fear Reporting Sexual Harassment
Although most workers know the standard steps to take if sexually harassed on the job—telling the harasser to stop, documenting the harassment, and reporting it to company leadership or seeking legal assistance—many foreign workers on work visas remain reluctant to report, fearing immediate retaliation.
One woman tells a story of working on a large fruit farm when her supervisor began making sexual comments about her body, even filming her as she stood on a ladder to cut branches. Following proper procedure, the woman reported the sexual harassment to the manager. Unfortunately, rather than putting an end to the sexual harassment, she was assigned to much more physically demanding jobs. She was given jobs such as digging postholes in hard, rocky ground and moving heavy wooden posts and other heavy objects.
Typically, these were jobs reserved for the youngest and strongest men. Feeling isolated from her female co-workers, the woman believes now that she made a mistake reporting the sexual harassment and "doing the right thing." When asked if she would report the sexual harassment to the Equal Employment Opportunity Commission (EEOC) if it became worse, she said that she would not.
When Courts Must Value Family Business "Goodwill" in a Divorce
Illinois divorces involving family businesses are among the most complex types of divorces. Unlike splitting the marital home or divvying up the household furniture, a family business typically has both tangible and intangible assets. Intangible assets can include customer loyalty, professional relationships, and reputation, among others. These are assets that can significantly affect the value of a business, even though they are not tangible.
Illinois family courts must determine how a business’s goodwill is valued, and whether it is marital property (750 ILCS 5/503) to be divided, or is too closely tied to an individual spouse’s personal skills to be split. It is important to understand how Illinois law treats goodwill in a family business during a divorce. An experienced St. Charles, IL family law attorney can help you determine whether your business’s goodwill must be treated as a marital asset, and, if so, how it will be split.
Why Illinois Prenups Cannot Decide Child Custody or Support
A prenuptial agreement can be a powerful tool for couples who want to plan ahead for financial matters in the event of divorce. However, many Illinois couples are surprised to learn that child-related issues (the allocation of parental responsibilities, parenting time (750 ILCS 5/602.7), and child support) cannot legally be enforced in a prenuptial agreement.
Illinois law makes it clear that decisions regarding children must always be based on the best interests of the child at the time of divorce or separation, rather than on an agreement made years earlier. Understanding the limitations of a prenuptial agreement helps couples draft solid, enforceable agreements while avoiding clauses regarding children that an Illinois court will not enforce.
If you are about to be married and you have questions regarding what an Illinois prenuptial agreement can and cannot accomplish, consulting with an experienced Wheaton, IL family law attorney should be your best first step. Your attorney can guide you through the process, making sure there are no surprises or unenforceable clauses in the agreement.
Parenting Plans for High-Commitment Kids in Illinois
Soccer, travel hockey, elite dance, competitive gymnastics, debate, robotics…the list of extracurricular activities is virtually endless, especially once children start junior high and high school. For parents, getting the children to all these activities can seem like a second job. When your child’s calendar is packed with practices, weekend tournaments, and out-of-state trips, a basic parenting plan is unlikely to hold up under the pressure.
Illinois law provides the tools to build something more comprehensive. Once the court allocates decision-making (including about extracurricular activities) and sets parenting time, the parents are expected to submit a written parenting plan. This plan should address pick-ups and drop-offs, health care, time with each parent, holidays, birthdays, and summer vacations.
It should also address the right of first refusal for last-minute emergencies, and cost-sharing plans for extracurricular activities. Many parents submit a "basic" parenting plan when their children are young, then find that it is inadequate to their pre-teen and teenager’s blossoming schedules. If you need assistance with your Illinois parenting plan, speak to an experienced St. Charles, IL family law attorney.
Different Responses to Workplace Sexual Harassment by Gender
A new study co-written by a team of University of Illinois Urbana-Champaign experts who study workplace sexual harassment has definitively shown something many of us already suspected. Men and women often respond differently when they witness workplace sexual harassment. The way co-workers respond to a victim’s sexual harassment in the workplace can significantly impact the victim’s willingness to report and even the victim’s healing process and well-being.
Supportive co-workers can give victims of workplace sexual harassment the "push" they may need to report sexual harassment, when they fear retaliation or not being believed. If you are a victim of workplace sexual harassment, reporting the harassment is vital. You should never have to work in a hostile work environment where sexual harassment is accepted. An experienced Wheaton, IL sexual harassment attorney will ensure your rights and your future are protected.
How Self-Employment Fluctuating Earnings Affects Child Support
Parents whose salaries are the same from month to month are likely to have little difficulty determining child support amounts during a divorce. The state of Illinois provides a child support estimator, which allows parents to input their parenting times, income, health insurance, spousal support, and extraordinary expenses and get an approximate child support amount.
However, some parents may be self-employed or engage in "gig" work, which can make their monthly income fluctuate substantially. Even parents who have a steady "main" job may engage in gig work on the side to make extra money. In fact, more than 36 percent (57 million) of Americans have a gig work arrangement either as their primary or secondary job. Another 16.5 million Americans are self-employed.
Can a Parent’s Criminal Record Impact Custody in Illinois?
Illinois Senate Bill 57, signed into law in 2016, changed the terms "custody" and "visitation" to "allocation of parental responsibilities" and "parenting time." Allocation of parental responsibilities focuses on the best interests of the child. If one parent has a criminal record, then his or her parental responsibilities or parenting time may be affected. However, most criminal convictions will not jeopardize the rights of the parent.
The courts will consider the type of offense, when it occurred, and whether it affects the parent’s ability to provide a safe and stable environment for the child. Criminal offenses that involve violence (including domestic abuse), as well as crimes involving illegal drugs, can weigh against a parent. Older, relatively mild offenses will carry less weight, particularly if the parent can show full rehabilitation.
For example, a bar fight from 15 years ago that ended in assault charges may have little effect on parenting time and parental responsibility allocation, particularly if that parent’s record has been clean since that time. Suppose you are worried that a criminal conviction on your record will adversely affect parental responsibility allocation or parenting time. It can be extremely beneficial to speak to a knowledgeable St. Charles, Illinois family law attorney.
Can a Court Order Supervised Visitation for Grandparents?
Every divorce is unique, and allocation of parenting responsibilities and parenting time is also different, based on each family’s specific circumstances. In Illinois, grandparents do not have an automatic right to spend time with their grandchildren after a divorce. While parenting time decisions and the allocation of parental responsibilities usually involve parents, in some instances, grandparents can petition the court for the right to see their grandchildren.
Occasionally, a court may consider ordering either regular visitation or supervised visitation for grandparents. In Illinois, 750 ILCS 5/602.9 governs "visitation by certain non-parents." Courts will consider the individual circumstances of any request for visitation by grandparents. If you are a grandparent seeking visitation or a parent who is opposed to such visitation, consulting a skilled Wheaton, Illinois family law attorney can be beneficial.
Sexual Harassment in Small Businesses Without HR Departments
While there are no definitive statistics on the exact number of companies without HR departments, a significant portion of small businesses and startups – as well as some larger corporations – operate without a dedicated HR department. One study found that one-fourth of Fortune 100 companies did not have an HR department. When there is no formal HR department, addressing sexual harassment claims can be a little more challenging.
With no formal path for reporting sexual harassment in the workplace and no HR policies to guide them, employees may be unsure of where to turn or fear retaliation from supervisors or company owners. Under federal law and the Illinois Human Rights Act (IHRA), employees in small businesses have the same right to a harassment-free workplace, and employers are legally bound to respond appropriately when complaints arise.
Can You Divorce a Spouse Who’s Missing in Illinois?
Divorce is hard enough when both spouses are involved, even when that "involvement" includes arguments about splitting marital assets, child issues, and alimony. But what happens when a spouse cannot be found? Perhaps your spouse walked away from your marriage years ago. You have recently decided to make the split legal and file for divorce. Unfortunately, you are unable to locate your spouse.
Can you still obtain a divorce in Illinois when your spouse cannot be found? Fortunately, there is a legal path to divorce, even when one spouse cannot be located, although it does require extra steps. Your best course of action is to speak to a knowledgeable St. Charles, IL family law attorney, who can clearly lay out your options for what is known as a default divorce.