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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 Posted on December 20, 2018 in Main

If you are thinking about filing for divorce, you may be concerned about the financial implications of such a decision. The process itself can be very expensive is some situations, but you could also be worried about making it on your own, especially if your spouse was the primary wage-earner in your family. To address this concern, you may consider including a request for maintenance with your divorce filing. Maintenance payments, sometimes known as alimony, may be ordered to help offset some of the economic challenges that can be created by your divorce. Such payments are not guaranteed, however, and the court must identify a spouse's need before ordering it.

Need-Based Considerations

There are many factors that the court will take into account when deciding on the appropriateness of a maintenance order, including the lifestyle that the couple established in their marriage and how the marital property will be or has been divided in the divorce. As you might expect, each spouse's income must also be considered, but the court will look at more than just how much you and your spouse actually earn. The Illinois Marriage and Dissolution of Marriage Act states that the court must also take into account “the realistic present and future earning capacity of each party.”

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 Posted on December 12, 2018 in Main

The atmosphere in workplaces across the United States has been altered by the influx of sexual harassment accusations in the news. Amid the #MeToo movement, many business owners are eliminating holiday parties. Others are keeping the holiday office party but are not allowing alcohol to be consumed. Opinions about this vary dramatically from person to person, but one thing we can all agree on is that every employee deserves to be treated with respect at their workplace.

Inappropriate Behavior at Office Parties is Not a New Phenomenon

Countless sitcom episodes have relied on holiday office party shenanigans to drive the plot. The holiday office party has become almost synonymous with drinking too much and making a fool of yourself. In television shows and movies, there are rarely consequences for those who make sexual advances toward other employees. However, in real life, unprofessional or sexually-charged behavior during a Christmas party can result in a sexual harassment lawsuit.

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 Posted on December 07, 2018 in Kane

If you are in the midst of a tumultuous marriage—or a marriage that lacks the warmth and contentment for which you were hoping—you may have given some thought to a trial separation. In fact, you may have already spent several weeks staying with a friend or family member as you considered whether to file for divorce.

These situations occur frequently enough that they are practically formulaic in today's culture. A married couple grows apart, one spouse moves out, and, in many cases, a divorce eventually ensues. Common practices, however, are not equivalent to statutory requirements. The fact that most people do something a certain way does not mean that you must do the same in a similar situation. Such is the case with a period of separation prior to divorce, at least according to Illinois law.

The Difference Between Legal Separation and Living Separate and Apart

When most people talk about a separation, they are usually referring to a married couple no longer sharing the same household. The Illinois Marriage and Dissolution of Marriage Act considers such an arrangement as “living separate and apart,” which is very different from a legal separation. A legal separation, by comparison, is a court-issued judgment that formally declares the couple to be separated. Legal separations are sometimes used by couples who do not wish to divorce for personal or religious reasons or those who are not quite ready to divorce. Following a legal separation, orders may be entered for spousal and child support, parental responsibilities, and, if the couple chooses, the division of property.

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 Posted on December 03, 2018 in Main

Whether you have been divorced for years, or you are only starting the process of ending your marriage, separated parents have many challenges during the holidays. You may feel like it is nearly impossible to get through Christmas, Hanukah, Kwanzaa or other special holidays as a divorced person. However, experts do have some tips for divorced parents which may make your holiday season a little more manageable.

Avoid Bottling Up Your Emotions

Many parents who get divorced are hyper-focused on how the divorce will affect their children. While making sure your children are comfortable is an admirable and important part of being a parent, experts say divorced parents should be careful not to neglect their own emotional needs. Many people experience divorce in a similar way to loss. If you are ending your marriage, you may experience feelings of anger, grief, despair, and even relief. Talking about these feelings with a trusted friend or therapist can help you manage them.

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 Posted on November 28, 2018 in Main

Over the last year, national news headlines have been dominated by one story after the next about allegations of sexual harassment, sexual assault, and other types of inappropriate sexual behavior. While they have different names depending on the jurisdiction, sexual assault and other types of unwelcome sexual contact are criminal acts. Sexual harassment, however, is a different story. By law, sexual harassment is a form of sex-based employment discrimination. While it is still illegal, it is a matter that is handled through state and federal agencies, as well as the civil court system.

Because it is an employment-related matter, sexual harassment is also somewhat easier to recognize and address than acts of sexual violence often are. Sexual harassment can even be prevented and avoided if those who work together are willing to have open and honest conversations about the topic. Depending on where you work, management may be willing to facilitate such discussion. If a formal meeting is not feasible, consider opening lines of communication with your coworkers on your own—regardless of your gender or your previous experience with sexual harassment.

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 Posted on November 20, 2018 in Kane

If you are a divorced, separated, or unmarried parent, holidays can present a number of rather unique challenges. In most families, holidays are a time for getting together with loved ones, many of whom have not seen one another in some time—possibly since the same holiday last year. Of course, parents want their children to be part of the festivities and to visit with family members who may have traveled a great distance for the occasion. If you are subject to a court-approved parenting plan, however, it may take some negotiation to figure out where your children will be spending the holidays.

Do Not Wait

While it may not seem possible, Thanksgiving is just a few short days away. This means that you and your child's other parent should not delay in making plans regarding your holiday parenting time. The first thing you should do, however, is to check your parenting plan document, as many such plans contain a holiday parenting time schedule created years in advance to reduce confusion. If your plan does not include a holiday schedule or provides that you will negotiate a reasonable agreement each year, it is time to start preparing for winter holidays.

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 Posted on November 16, 2018 in Main

If you and your spouse are considering calling it quits, you probably have a thousand questions. One of these questions may be, “How will we divide our property during the divorce?” When two people marry, they not only combine their lives but also their material possessions and wealth. Sometimes untangling marital assets can be a challenging and time-consuming endeavor. However, being educated about what the property division process entails can help you be better prepared and eliminate some of the stress associated with the divorce process.

Separate Property Versus Marital Property

If divorcing couples can, they may decide how to divide their property on their own without court intervention. However, when couples cannot agree on how to divide assets, the court must step in. Illinois divides property based on a system called “equitable distribution.” First, it is determined what property is marital (shared) and what property is non-marital or separate. Generally, marital property includes any assets or funds acquired during the marriage. Non-marital property includes property which a spouse acquired before getting married, as well as certain gifts and inheritances. The court will only divide marital property or those assets which have been commingled.

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 Posted on November 12, 2018 in Main

Two technology industry giants have recently made dramatic changes to their sexual harassment policies. Prior to this change, both Google and Facebook required employees to settle sexual harassment claims only through private arbitration. However, Google and Facebook employees will now be able to pursue sexual harassment claims in court.

Google's announcement that they were changing this policy came after nearly 20,000 employees staged a walkout to protest the way the company manages sexual harassment allegations. Facebook made the change just one day after Google's announcement. The new sexual harassment policies adopted by Facebook and Google will apply only to sexual harassment or assault claims. The policy does not apply to other types of discrimination complaints.

Many Believe Forced Arbitration is Unconstitutional

Forced arbitration occurs when employees are required to sign documents in which they agree to settle legal disputes out of court. Instead of having their cases heard by a judge, an arbitrator decides the outcome of the case. Of course, citizens always have the right to arbitrate instead of going to trial. The issue arises when arbitrators are biased or companies choose arbitrators who rarely rule in favor of staff members. Although employees obviously have the option to not work for companies with forced arbitration requirements, many say that the practice is unconstitutional.

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