Blog

Category Archives: DuPage County Blog

b2ap3_thumbnail_surgeon-female-concerned-scrubs.jpgA recent study presented at this year’s Academic Surgical Congress analyzed the work environments of surgeons. A little over 1000 individuals working as surgeons in private practice, medical centers, or academic institutions, voiced their opinions about their work environment as part of the study. The results were quite distressing, but unfortunately, not surprising. Nearly 60 percent of the women surgeons had been victims of sexual harassment in the previous year alone. Women in medicine, like those in other professions, often face discrimination and sexual harassment because of their gender. If you or a loved one has experienced sexual harassment at work, you should know that there are laws designed to protect you.

Sexual Harassment Is Not Always Obvious

Unfortunately, many harassers become well practiced at hiding their inappropriate behavior from those other than their targets. Sexual harassment can include obvious behaviors as well as subtle or nonverbal behaviors. Survey responses showed that the most common harassing behaviors directed at surgeons included inappropriate verbal and physical conduct. This can include demeaning or sexually-explicit remarks and body language.

Unsolicited sexual advances and forced physical contact had occurred in just under a quarter of cases reported in the survey. Remarks about sexual orientation occurred in about 10 percent of cases. Blatant sexual harassment may sometimes be easier to prove and stop than subtle harassment. However, even subtle harassment is against the law when it is persistent and affects employees’ ability to do their jobs.

...
Continue reading

Wheaton family law attorneysIf you plan to divorce your spouse, you have probably wondered how you will divide your accumulated assets. In Illinois, divorcing individuals are encouraged to work out how their property should be divided by agreement. However, this is not always possible. Couples getting divorced may be unable to come to a decision about who should own the house, cars, art, or other valuable items. If a couple cannot reach a decision about property on their own, a qualified mediator can help. As a last resort, courts have the authority to make property division decisions for a divorcing couple.

How Do Illinois Courts Divide Assets?

If you and your spouse cannot come to an agreement about assets, the court will. Some states simply split martial property exactly in half and assign 50 percent of the wealth to one party and 50 percent to the other party. Illinois courts, on the other hand, make property division decisions using a method called “equitable distribution.” This method divides property fairly but not necessarily equally. Only marital property is divided. Marital property generally includes any assets accumulated during the marriage as well as comingled funds.

Factors Illinois Courts Consider When Making Property Decisions

The Illinois Marriage and Dissolution of Marriage Act includes a list of factors that the court will take into consideration when dividing marital property. Courts generally consider the following items when making property division decisions:

...
Continue reading

Illinois sexual harassment attorneysIt 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.

Employers Can Be Held Liable if They Allow Employees to be Sexual Harassed

Many servers, bussers, cashiers, and other restaurant workers have experienced instances when a customer did or said something that made them feel very uncomfortable, but they did not say anything for fear of losing tip money. While customers acting inappropriately toward an employee itself is not considered unlawful sexual harassment, if it is reported and the employer does nothing to stop it, the employee can bring a claim of hostile work environment sexual harassment against the employer.

...
Continue reading

Wheaton family law attorneysDeciding to end a marriage is already a tremendously difficult decision to make. Financial stressors like an overspending spouse only add to the complications associated with divorce. Unfortunately, divorce can sometimes bring out the worst in people. Some divorcing individuals make extravagant purchases before a divorce is finalized in order to get back at their soon-to-be-ex. Bitter spouses may frivolously spend money simply to keep it out of the final divorce settlement. Others use overspending as a way to cope with the emotional pain of the separation. Whatever the reason, when a spouse makes reckless financial decisions during the breakdown of a marriage, the other spouse deserves to be pardoned from those debts.

Recovering Dissipated or Wasted Assets

If you have recently learned that your soon-to-be-ex-spouse sold a valuable shared asset or spent thousands on a secret paramour, you may still be able to recover these funds. “Dissipation of assets” refers to the wasting of marital property or wealth through excessive spending, gambling, unwarranted borrowing, or fraudulent transference to a third party. A spouse who wastes funds in this way may be required to pay the marital estate back. In extreme cases of dissipation, the non-offending spouse may be given a disproportionately larger share of the remaining assets. Courts also have the authority to rescind transmissions of assets like real estate and stock if the transfer happened with fraudulent intent.

Contact a Wheaton Family Law Attorney for Help

If you are considering divorce while in a challenging financial situation, talking to a qualified divorce attorney can help you understand how to best protect your financial interests. Contact the experienced DuPage County divorce lawyers at Mirabella, Kincaid, Frederick & Mirabella, LLC today by calling 630-665-7300.

...
Continue reading

Illinois sexual harassment lawyersEveryone 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.

Do Not Make the Mistake of Staying Silent About Harassment or Discrimination

Laws exists to protect employees from both harassment and retaliation. If you have been harassed, but fear reporting it because your employer will retaliate against you, you should know that the law is on your side. Victims of sexual harassment should carefully record any instances of harassing behavior they are subjected to and save copies of harassing emails or text messages. Next, they must follow the procedure outlined in their company’s employee handbook for reporting sexual harassment. If the employer does not resolve the situation, further legal action can be taken. A claimant, or person bringing a claim, can file a sexual harassment civil suit to recover financial compensation for damages like lost wages or back pay.

...
Continue reading
250 W. River Drive, Unit 2A
St. Charles, IL 60174
630-665-7300
Evening and weekend hours by appointment.

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.

Make a Payment
© 2019 Mirabella, Kincaid, Frederick & Mirabella, LLC | 1737 South Naperville Road, Suite 100, Wheaton, IL 60189 | 630-665-7300
Kane County | Disclaimer Privacy Policy | Resources Sitemap
Take me to top
OVC, INC