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Recent Blog Posts
Avoid These Common Mistakes When Reporting Workplace Sexual Harassment
Sexual harassment may involve anything from offensive “jokes” to unwanted physical contact of a sexual nature. Multiple state and federal laws prohibit sexual harassment. Unfortunately, workers in a wide range of industries continue to experience sexual harassment.
If you have experienced sexual harassment – or even just behavior that made you feel uncomfortable, it is important to speak up. Do not let the harassment continue. File a complaint according to your company's sexual harassment policy. If the harassment does not stop or if your employer retaliates against you, you should speak to a lawyer about taking legal action.
As you deal with the situation, make sure to avoid the following common mistakes.
Not Documenting Every Incident of Harassment
It may seem inconsequential, but one of the most important things you can do when you experience sexual harassment at work is to document the harassment thoroughly. Keep a sexual harassment log in which you write down each time something is said or done that makes you feel uncomfortable. According to the Equal Employment Opportunity Commission (EEOC), hostile work environment harassment occurs when harassing behaviors are severe or pervasive. Having a detailed record of all of the incidents is crucial to demonstrating the persistent nature of the harassment. Write down who was involved in the incident, what happened, who was witness to the incident, and the date, time, and location of each incident.
Gather Your Toolkit Before Divorcing a Narcissist Spouse
Google Trends shows that searches for the term “narcissist” have increased dramatically in the last decade. More and more people are recognizing narcissistic behaviors in their friends, family, or coworkers and then using the popular search engine to learn more.
If you are divorcing someone who fits the description of a narcissist, you are likely in store for a bumpy ride. Fortunately, there are many tools and resources you can use to stay sane during the divorce process. As you prepare for the split, start building a “toolkit” of useful skills, resources, and individuals who can help you throughout the divorce.
Why Divorcing Someone with Narcissistic Tendencies is So Difficult
The term “narcissist” technically refers to someone with narcissistic personality disorder. However, the term is often used informally to refer to someone who is selfish, unsympathetic, or cruel. Divorcing someone with narcissistic tendencies will likely be exhausting and complicated. He or she may refuse to cooperate with the divorce process, gaslight you, or even threaten you. Narcissists may hide assets or lie about their income on financial paperwork during the divorce. It is important to be prepared.
Getting a Divorce When a Spouse Has a Gambling Addiction
Whether it is playing a game of blackjack or keno, betting on sports, or buying a lottery ticket, Americans love to gamble. For many, gambling is a casual hobby. For others, however, gambling is a full-blown addiction. The National Center for Responsible Gaming reports that about one percent of the U.S. adult population suffers from a severe gambling problem. However, many experts believe that number is higher than reported.
If your spouse has a gambling addiction, you know first-hand how destructive it can be on both a financial level and a personal level. Many marriages cannot withstand the impact of addiction, and the couple ends up getting a divorce. If you are divorcing someone with a gambling problem, it is important to take steps to protect yourself.
Gambling Addiction Affects the Whole Family
Scientists believe that a neurotransmitter called dopamine is the main brain chemical involved in gambling addiction. The feel-good chemical compels the gambler to continue gambling – even if he or she is losing money. Once the money is lost, the gambler desperately tries to make up for the losses by gambling more. It is a vicious cycle.
Second Marriage? Consider a Prenuptial Agreement
Getting married for the second time can bring about a host of different emotions. On one hand, a new romantic relationship is a reason for joyous celebration. On the other hand, individuals who have already been through a divorce may be nervous that their second marriage will also end in divorce.
If you are getting married for the second time, it is important to protect your rights and financial interests through a prenuptial agreement or postnuptial agreement.
How a Prenup Can Benefit You and Your New Partner
Many people hesitate to even consider a prenuptial agreement. They assume that only those people with little faith in their relationship would plan for the possibility of divorce. While, admittedly, prenuptial agreements are not the most romantic topic, signing a prenup comes with a multitude of benefits – even if the couple never divorces.
Do Illinois Courts Always Use the Statutory Formula for Child Support?
Child support payments can vary significantly. Some people pay less than a hundred dollars a month toward child support, while others pay several thousand dollars each month. In Illinois, the exact amount a parent pays in child support is typically determined by a statutory formula described in Illinois law. However, Illinois courts have the authority to deviate from the child support guidelines in certain situations.
Courts Can Deviate from the Income Shares Formula
The Income Shares calculation method uses the parents' net incomes to reach an appropriate payment amount. Most of the time, Illinois courts follow these statutory guidelines for child support calculations. However, Illinois law allows courts to deviate from this calculation method if using the guidelines would be unfair to either party or not in the child's best interests.
Each situation is different. Sometimes, courts need to deviate from the child support guidelines because a child has extraordinary medical needs. For example, a child with severe cerebral palsy may need extensive medical treatment and in-home care. The child support order may need to be adjusted to account for these needs. In other cases, following the guidelines would result in a child support payment amount that exceeds the child's needs or the obligor's ability to pay.
Tips for Keeping Your Cool When Divorcing a Difficult or Uncooperative Spouse
Divorce is never easy, but some spouses are intent on making the divorce process as difficult and miserable as possible. A spouse may avoid signing paperwork, fail to show up at court hearings or mediation appointments, spread rumors about the other spouse, or simply refuse to cooperate. Some spouses even resort to childish games and mind tricks during a divorce. If your spouse is making your life miserable during your divorce, know that you are not alone. This is an issue that many people deal with. There are litigation tools to help prevent your spouse from acting this way, which may be enable you to mitigate the effects of his or her actions.
Work With an Attorney Who Understands What You Are Going Through
When choosing a divorce lawyer, make sure you find an attorney who is experienced in contentious divorce cases. Each lawyer has their own unique skill set and experience. You need someone who will not fall for your spouse's tactics and will strongly advocate on your behalf during the case. If needed, your lawyer can handle communications with your spouse and his or her attorney for you. Your lawyer can also handle settlement negotiations, filing of court documents, and other aspects of the divorce case.
Imputed Income in Child Support Calculations in Kane County
Child support is an important source of financial support fordivorced and single parents. Unlike spousal maintenance or other divorce issues, divorcing parents cannot determine the terms of child support on their own. Because financial support from both parents is considered a child's natural right, parents cannot generally choose to forgo child support.
Illinois now uses the Income Shares formula to calculate how much a parent pays in child support. Support obligations are based on both of the parents' incomes so the payment amount is reasonable and affordable given the parents' financial circumstances.
Some parents choose not to work or intentionally work at a lower-paying job to reduce their child support obligation. In situations like this, Illinois courts may use the parent's “imputed income” to calculate child support.
Estimating a Parent's Potential Income For Child Support
Chicago Expands Sexual Harassment Prevention Training Requirements
When it comes to sexual harassment, prevention is key. The more employers, managers, supervisors, and employees understand how to prevent and recognize sexual harassment, the better. Illinois law already requires employers to provide sexual harassment training to employees, but Chicago has taken further steps to promote harassment-free workplaces. The recent ordinance addresses both harassment prevention and bystander reporting responsibilities.
Amendments to the Human Rights Ordinance Taking Effect Soon
To combat the ongoing problem of workplace sexual harassment, Chicago has increased the sexual harassment prevention training requirements and made other changes to the law. Companies employing at least one employee will be required to comply with the amendment. Employers have until July 1, 2022, to implement the new policy.
The new amendment includes a statement affirming that “sexual misconduct” falls within the category of sexual harassment. Sexual misconduct is defined as behavior of a sexual nature that involves abuse of authority or position or coercion.
Can I Appeal an Undesirable Divorce Outcome?
When a divorce case goes to trial, the court makes a determination on the unresolved issues. The court may hand down decisions regarding property division, child parenting issues, spousal maintenance, or other divorce matters. If a spouse disagrees with the court's decision, can they file an appeal? The answer depends on the specific facts of the case. Successful divorce appeals are rare, but they are possible in certain situations.
Filing an Appeal After Divorce
If you got divorced and you are unsatisfied with the outcome of a trial, you may be interested in filing an appeal. It is important that anyone hoping to appeal their divorce contact an attorney and get started as soon as possible because you only have 30 days from the date of the final judgment to file a notice of the appeal with the court.
Contrary to popular belief, you cannot file an appeal just because you are unhappy with how the divorce turned out. You must have grounds or legal reasons that justify the appeal. Essentially, when you appeal the court's decision, you are stating that you believe the decision was incorrect or flawed.
5 Things to Document if You Have Been Sexually Harassed at Work
Federal and state laws protect employees from discrimination based on sex. This includes protection from sexual harassment. However, perpetrators of sexual harassment still exist. Men and women in any type of profession may find themselves the victims of hostile work environment harassment or quid pro quo harassment.
If you have been sexually harassed, one of the most important steps you can take to protect your rights is to document the harassment carefully – especially if the harassment falls under the category of hostile work environment harassment. Creating a sexual harassment log that details the instances of harassment can be invaluable whether or not the situation leads to a sexual harassment claim.
Severe and Pervasive Sexual Harassment
A single minor incident of inappropriate behavior may not constitute sexual harassment, but that can quickly change. Per the U.S. Equal Employment Opportunity Commission (EEOC), illegal harassment occurs when either: