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b2ap3_thumbnail_shutterstock_1793023840-min_20211208-132526_1.jpgEmployees have the right to be free from sexual advances and offensive behavior at work. Although multiple federal and state laws prohibit sexual harassment, workplace harassment and discrimination continue to be problems in Illinois and throughout the U.S.

Unfortunately, many victims of workplace sexual harassment never report the harassment. They fear that nothing will be done to stop the harassing behavior, or worse, that they will face retaliation for reporting the harassment. If you are in this situation, you should know that retaliation is unlawful. Your employer may not “punish” you for filing a sexual harassment or discrimination complaint. If they do, you may be entitled to legal remedies including monetary damages.

What Does Employer Retaliation Look Like?

When an employee is sexually harassed at work, he or she should report the sexual harassment according to the company’s sexual harassment policy. Often, this means reporting the harassment to the human resources department. The employer is required by law to address the harassment properly and prevent further harassment. Unfortunately, some employers take the opposite approach and retaliate against the person who reported the harassment.

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b2ap3_thumbnail_shutterstock_1903869097-min.jpgDivorce can have major financial repercussions for both spouses. When divorce places a significant financial burden on a spouse, that spouse may be entitled to alimony or spousal maintenance as it is called in Illinois. However, spousal maintenance is only awarded in certain circumstances. Whether you are the family’s breadwinner or the lesser-earning spouse, it is important to know how spousal support may impact your divorce.

Entitlement to Spousal Maintenance

There are three main avenues through which spouses may receive spousal maintenance in Illinois. The first is a prenuptial agreement or postnuptial agreement. If you and your spouse signed a marital agreement entitling one spouse to maintenance, the court will likely uphold the agreement.

Spouses may also agree on a spousal maintenance arrangement. Collaborative law or divorce mediation may help the spouses negotiate the exact terms of the spousal maintenance agreement. Alternatively, the spouses may negotiate maintenance through their attorneys.

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wheaton sexual harassment lawyerEmployees in the United States have options for addressing discrimination due to sexual harassment. Those who have experienced these forms of harassment in the workplace may be able to take legal action to address issues such as a hostile work environment or actions by managers or other employees that have affected their careers or their ability to maintain employment. These issues can affect workers even at high profile companies that have a positive reputation. This was recently demonstrated in a lawsuit filed against Tesla, the maker of electric vehicles.

Lawsuit Alleges Sexual Comments and Other Forms of Harassment

In November of 2021, a 38-year-old woman who works the night shift at Tesla’s plant in Fremont, California filed a lawsuit against the company. Her suit claims that she experienced sexual harassment on a daily basis and that the company has a “pervasive culture” of sexist behavior. 

In the lawsuit, the woman described multiple types of disturbing behavior that she experienced. In addition to derogatory comments about her body and other sexual comments made to her and her female coworkers, she also experienced groping and inappropriate touching, including male workers rubbing their bodies against hers or claiming that touching was unavoidable due to the need to work close to each other. She also had supervisors proposition her while claiming that they controlled her career and advancement. While she alleges that had filed multiple complaints, she also alleges that the company did not respond, and that the harassment she experienced caused her to suffer extreme emotional distress.

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wheaton divorce lawyerDid you know that experts consider divorce to be one of the most stressful life events a person can experience? Getting divorced can take a major toll on your mental health. It can be even harder to cope with a divorce or separation during the holidays. If you are in the midst of a divorce, consider the following tips for reducing your stress.

Accept Your Feelings and Do Not Bottle Emotions

Experts liken getting divorced to losing a loved one. Many divorcing spouses go through the same stages of grief that someone mourning a death would go through. You may feel angry, depressed, guilty, frustrated, and confused – perhaps within the same hour. You may also feel excited and hopeful about your post-divorce future. Whatever feelings you experience, accept them and recognize that this type of emotional volatility is completely normal during a divorce.

Work With Professionals Who Can Make the Process Easier

Many people try to handle divorce on their own. However, doing so can make the process much more difficult than it needs to be. Having a support team can make all the difference in the world. An experienced divorce lawyer can handle the legal, financial and logistical aspects of your divorce while mental health professionals including therapists and counselors can help you cope with the emotional and psychological aspects of the split.

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wheaton divorce lawyerChild support helps parents pay for housing, childcare, education and extracurriculars, and other child-related expenses. Illinois courts use an Income Shares Model to calculate child support payments. This model uses both spouses’ net incomes to determine a child support payment amount that provides the needed financial support without overburdening the paying parent. However, determining child support is not always as straightforward as it may seem. One situation that can make child support calculations more complicated is a parent’s unemployment.

Is an Unemployed Parent Required to Pay Child Support?

Illinois courts prioritize a child’s best interests above all else during child-related legal matters. A child’s financial needs do not change because a parent becomes unemployed. Consequently, a parent without an income is not automatically absolved of their child support obligation. However, a parent who is struggling to fulfill his or her obligation may be able to request a child support modification and reduce his or her payments in some situations.  

Can a Parent Avoid Child Support By Quitting Their Job?

Some parents lose their job due to no fault of their own. For example, many parents were laid off from their jobs due to COVID-19. However, some parents try to avoid paying child support by quitting their job or taking a lower-paying job. When deciding whether to reduce a parent’s child support obligation, Illinois courts consider the reason for the parent’s unemployment or underemployment.

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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