Posted on February 20, 2019 in Main

It is an unfortunate reality that sexual harassment allegations are prevalent in the restaurant industry. In fact, over 14 percent of the 41,250 sexual harassment claims filed between 2005 and 2015 in the U.S were in the food service and hospitality sectors. One study found that 40% of women have experienced unwelcome sexual behaviors while at work. Fortunately, public perception of sexual harassment is changing, and many behaviors which were once tolerated are no longer socially acceptable.

Close Proximity and Availability of Alcohol May Contribute to Harassment Risk

There are several reasons that sexual harassment is such an issue in the food service industry. In some circumstances, restaurant owners or chefs have absolute power. If a chef who brings in massive revenue for the restaurant sexually harasses a server, the restaurant may simply fire the server. Employees who are unaware of their legal rights may assume they must tolerate unwanted attention because their immediate boss will not stop it. This is worsened by the fact that many young people work in restaurants. A young teenager at their first job may assume that all work places involve inappropriate behavior since they have no other work experience to use as a comparison. The close quarters of many restaurants can also increase the prevalence of sexual harassment. Employees who work at bars and restaurants with alcohol may have the greatest risk of being sexually harassed because of the inhibition-lowering effects of drinking.

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 Posted on February 06, 2019 in Kane

If you are an unmarried parent or a parent who is getting divorced, you probably have many questions about how parental responsibilities and allocation of parenting time of your child or children will be handled by Illinois courts. If you can come to an agreement on parental responsibilities and allocation of parenting time with the child's other parent, you and the other parent will be asked to create a parenting plan or parenting agreement. A parenting agreement is a document which you and your child's other parent use to outline parental responsibilities and allocation of parenting time and other decisions about the child's upbringing.

Parents have 120 days after filing a parentage action or divorce petition to file a parenting plan. This initial plan is a temporary placeholder for the more permanent parenting arrangement. This initial plan may be filed jointly or separately. Eventually, parents will be asked to agree on all of the parental duties including who will make decisions about the child as well as how the parenting time will be shared. Parents who do not reach an agreement about these issues before the “status date” will most likely be sent to mediation. Parents can be granted an extension for one of three reasons:

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 Posted on January 24, 2019 in Main

Everyone deserves the right to feel safe and be free from harassment when they are at work. Unfortunately, sexual harassment continues to be a problem in the United States and around the world.

Sexual harassment, as it is defined by the law, includes “hostile work environment” harassment and “quid pro quo” harassment. When sex-based remarks, jokes, and other derogatory behavior make a work environment intolerable for employees, this is considered a hostile work environment. Quid pro quo harassment most often involves a superior attempting to garner sexual favors in exchange for work benefits. Employees are protected from both types of harassment by Title VII of the Civil Rights Act of 1964 as well as various state and local laws. If you have been a victim of sexual harassment, it is imperative that you report the harassment. Waiting to file a complaint about sexual harassment can significantly decrease the likelihood that you will receive compensation for damages.

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 Posted on January 21, 2019 in Kane

Jeff Bezos is the founder, chairman, CEO, and president of Amazon. Many people consider him to be the world's richest person. Just recently, the business tycoon announced that he will be divorcing his wife of 25 years. Bezos and his wife have four children and have spent the better part of three decades building a life together. Like many high net worth divorces, their split will likely be complicated. If you are considering divorcing your spouse and you have significant assets or wealth, you should be talking with a qualified family law attorney.

Bezos's Wife Could Receive Half of His Wealth

Jeff Bezos's estimated net worth is over $90 billion. He and his family live in Washington which has its own laws governing property distribution during divorce. Most states, including Illinois, make a distinction between marital property and separate property. Separate property refers to assets accumulated before the marriage and certain gifts and inheritances. Marital property includes wealth and property accumulated during the marriage as well as any commingled funds. Washington state divides marital property according to what is equitable and just. This property division method is called equitable distribution and is the same method that is used in Illinois. Property divided according to equitable distribution laws will be divided fairly but not necessarily equally.

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 Posted on January 15, 2019 in Main

We all know at least a few people who spend a great deal of time posting pictures and details of their lives to Facebook or Instagram. Sometimes, the appeal of posting on social media is so strong that it can cause a person to lose focus on the events happening in real life around him or her. Most people, of course, are able to use social networking sites reasonably to share photos and updates with distant friends and family, allowing them to stay in touch more quickly and directly than ever before. There are, however, some dangers associated with the use of social media, particularly for those who are in the midst of a divorce or other legal action. It is important to remember that anything you post could end up presented as evidence in court.

Conflicting Messages

While the use of social networking sites does not require ink and paper, posts and shared information are often treated as written documents. Emails and text messages, as you may be aware, can be subpoenaed to refute claims that you have made in your divorce filings. Similarly, screenshots of information that you have posted could also be used in an effort to discredit your testimony. For example, if you have told the court that you are not currently employed, but your LinkedIn profile says that you have been working for a friend's company—possibly off the books—there are going to be questions raised.

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 Posted on January 10, 2019 in Main

You probably hear the words “sexual harassment” more often today than you have in decades. The recent outpouring of activism and support for victims of sexual harassment has been deeply meaningful to millions. Unfortunately, there is also a lot of confusion surrounding sexual harassment law and what behavior is considered sexual harassment. The following are the most common misconceptions about sexual harassment.

Myth 1: Sexual Harassment is Synonymous with Sexual Misconduct or Sexual Abuse

There is a lot of misunderstanding about what different sex crimes are called. This is partially due to some phrases being used casually and partially due to variances between different states' terminology. Sexual harassment, as it pertains to the law, can only happen in a work or school environment. A construction worker who catcalls a passerby may be acting in an unacceptable way, but this is not technically sexual harassment.

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 Posted on January 07, 2019 in Kane

If you are a TV or movies buff, you have probably seen many dramatic scenarios played out in a courtroom. In the movie Liar Liar, for example, a divorcing couple with children bitterly argues about who should have custody of the kids. During the divorce proceedings, the wife admits that she wants full custody of the children even though her ex-husband is a “wonderful father.” Although courtroom scenes in movies are usually highly exaggerated and dramatized, the truth is that resolving family law issues in court can bring out the worst in people. Sometimes, simply being in a court environment makes otherwise reasonable spouses argue every detail of their divorce. Fortunately, there is an option for Illinois residents seeking a divorce who wish to resolve their issues without court intervention. Mediation is an alternative to courtroom litigation which helps disagreeing parties amicably negotiate a practical agreement.

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 Posted on January 03, 2019 in Main

If you are considering splitting up with your spouse in Illinois, you have several paths for doing so. Most couples end their marriage through divorce, but a legal separation is another option married couples have. Separation differs significantly from divorce, mainly in that separation is not designed to be permanent. Married couples seeking a divorce in Illinois are not required to be legally separated before getting divorced, but some couples choose to pursue a legal separation for other reasons.

Benefits of Legal Separation

Legal separation is a milder option than divorce. There are only a few reasons a couple may pursue a legal separation. Being legally separated can provide couples time apart before they make a final decision about whether or not to actually get divorced. Some people get a legal separation for religious or cultural reasons. Furthermore, separation can be a useful legal tool for individuals with complicated financial situations such as business owners or venture capitalists. When a couple is legally separated, the wealth and property they accumulate during this time is not considered marital property. If you believe your divorce may be extensive, a separation can protect you and your assets during the process.

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 Posted on December 31, 2018 in Main

If you have been a victim of sexual harassment at work, you may have the opportunity to receive compensation for damages. Sexual harassment is a type of employment discrimination protected against by both federal law as well as Illinois state law. Hostile work environment harassment occurs when an employee is subjected to unsolicited sexual advances, antagonistic behavior, or disparaging remarks about his or her gender which negatively affect the employee's ability to do his or her job. Quid pro quo sexual harassment refers to instances when a person of authority such as a boss or manager attempts to use his or her authority to gain sexual favors from subordinates. For some victims of workplace sexual harassment, filing a discrimination claim allows them to hold their employer accountable for wrongdoing and receive compensation for damages.

Types of Damages Available for Financial Compensation

In the context of an employment discrimination claim, the term “damages” refers to harm caused by the discriminating or harassing behavior. The amount of compensation a claimant can be awarded for sexual harassment is dependent on the damages he or she incurred. Damages in a sexual harassment claim most often include compensation for lost wages and missed career opportunities. Sometimes, compensation for the victim's pain and suffering, called compensatory damages, is awarded as well. Punitive damages are the least common type of damages addressed in sexual harassment claims and are designed to “punish” the employer for failing to address severe harassment or discrimination.

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 Posted on December 28, 2018 in Kane

With all that you have endured as your marriage ended, nobody has the right to deny you new opportunities for happiness in the wake of your divorce. You have every right to make the most of your new life, and, in some cases, doing so may include pursuing new romantic interests. While casual dating and possibly a serious relationship after your divorce could have a positive effect on your overall health and self-esteem, there are a few things that you should keep in mind, particularly if you are a parent.

Take All the Time You Need

Dating someone new while your divorce is still pending is not usually the best idea, but once your divorce is finalized, you should feel free to start seeing whomever you choose. Keep in mind, however, that you may not be ready jump back into the dating pool right away. Alternatively, you may be fine with casual dating, but not with getting involved in another serious, long-term relationship. A divorce often leaves emotional and psychological scars that may take significant time to heal.

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