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b2ap3_thumbnail_shutterstock_1548723218.jpgHappy hours and other work events involving alcohol are common in many different industries. Holiday parties, retirement parties, and other celebrations are often overflowing with wine, champagne, beer, and liquor. However, many people are starting to question whether serving alcohol at work events is a good idea. Alcohol has been proven to slow down the central nervous system and lower inhibitions. Studies have also shown a direct link between alcohol consumption and sexual risk-taking.

If you were sexually harassed or assaulted at a work event, the perpetrator’s intoxication does not excuse the behavior. Report the harassment according to your company guidelines. If the situation is not rectified, contact a sexual harassment lawyer to discuss your legal options.

Sexual Harassment at Work May Be Fueled by Alcohol

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dupage county prenuptial agreement lawyerWhen you are excited about getting married, negotiating a prenuptial or premarital agreement (often called a “prenup”) may be the least romantic thing you could think of. So why are more couples getting prenups now than ever before? Because a well-thought-out prenuptial agreement can help define your financial relationship to each other, providing clarity and peace of mind in the event of a divorce or death down the road—as well as during the marriage itself. Here are five important advantages of signing a premarital agreement:

 1. Keep Control of Your Assets

 When you get married, you are combining your property and finances. During a divorce in Illinois, a court would try to divide these assets equitably and fairly. Without a prenup, the court—not you—would decide what “fair” means. Do you really want to give up that control? Or would you rather determine in advance what would be fair to each of you, avoiding a potentially long and expensive process of identifying, appraising, and dividing complicated assets later on?

 2. Determine What is Yours, Mine, and Ours

 Often, one person comes into a relationship with significantly more assets than the other. If the marriage eventually dissolves, do you want to protect this preexisting property? Or if one person enters with considerable debts, like a student loan, do you want to protect the other person from liability for the debts? If you own a business, would you want that business to be protected from a claim of ownership by the other party? A prenuptial agreement can clarify such cases and separate your assets into shared and non-shared categories.

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b2ap3_thumbnail_shutterstock_233823685.jpgEmployees have certain rights, including the right to be free from harassment and discrimination at work. Despite continued efforts to eradicate harassment and discriminatory practices from American workplaces, sexual harassment continues to be a problem. Every worker should be aware of his or her rights and know the signs of sexual harassment. The greater number of people who stand up against unlawful harassment, the closer we get to eliminating this problem.

What Counts as Sexual Harassment?

Many people ask whether certain behaviors constitute sexual harassment. To be clear, employees should speak up about any behavior that makes them feel uncomfortable. That being said, federal law breaks sexual harassment down into two main categories. Using a position or authority to coerce sexual favors from an employee is called “quid pro quo” sexual harassment. Hostile work environment sexual harassment involves severe or pervasive conduct that creates a hostile, offensive, or intimidating work environment.

What Should I Do About Sexual Harassment?

If you are sexually harassed at work, report the harassment in writing immediately. Follow the reporting procedures listed in your employee handbook. Additionally, keep a sexual harassment log in which you record each instance of harassment, exactly what happened, and who was witness to the harassment. Write down the dates and time of each incident. If your employer does not take corrective action and resolve the problem, you may need to file a complaint with the Illinois Department of Human Rights (IDHR). If you are issued a “right to sue” letter by the IDHR, you may file a civil claim against your employer.  

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b2ap3_thumbnail_shutterstock_1649654314.jpgSpousal support refers to payments that one spouse makes to the other after a divorce. In Illinois, alimony or spousal support is called “spousal maintenance.” Not all divorce cases involve an order for maintenance. However, maintenance may be available in certain situations. 

Whether you are interested in seeking maintenance payments from your spouse or you suspect that your spouse will petition the court for maintenance, it is important to understand your rights and responsibilities under Illinois law.

Premarital Agreement or Postnuptial Agreement

A prenuptial agreement or postnuptial agreement is a document that describes each spouses’ financial rights and responsibilities in the event of divorce or death of a spouse. Prenups may be used to differentiate marital property from non-marital property, assign spousal maintenance, and more. If you and your spouse have signed a prenuptial agreement allocating spousal maintenance, the court will uphold the agreement unless there are concerns about the legal enforceability of the agreement.

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b2ap3_thumbnail_shutterstock_2074546078.jpgSexual harassment is a type of discrimination prohibited by the Civil Rights Act of 1964 and other legislation. Unfortunately, the issue of workplace sexual harassment is present in workplaces throughout the U.S. In recent years, however, more and more victims of sexual harassment and assault have come forward with their stories and started standing up for their rights.

Recently, Congress passed an amendment to the Federal Arbitration Act that ended mandatory arbitration for sexual harassment claims. President Biden is expected to sign the act into law soon.

New Law Invalidates Pre-Dispute Arbitration Agreements Between Employees and Employers

Prior to the amendment to the Federal Arbitration Act, some employees who experienced sexual harassment or assault at work were required to arbitrate their claims before bringing a lawsuit through the court. H.R. 4445 prohibits employee agreements obliging workers to mandatory arbitration. Instead, employees have the option to resolve claims through arbitration, or they may choose to proceed with litigation through the court. The new legislation puts the power back in the hands of the employees, not the employers. The amendment applies to employees who have already signed an agreement requiring arbitration.

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From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree