Termination: Caseworker’s Claim She Was Forced Out Doesn’t Play

In the case of an Illinois Department of Children and Family Services (DCFS) worker, the U.S. 7th Circuit court of Appeals—which covers Illinois, Indiana and Wisconsin—recently gave employers a “twofer”: guidance on when a fitness-for-duty exam may be required and a...

Termination Based on Refusal to Self-incriminate Not Retaliatory

Pleading the Fifth—which is the constitutional privilege against self-incrimination—is as American as apple pie. Not only does the Fifth Amendment allow individuals to sit quietly during police interrogations (and during other criminal inquiries), but it has also...

Termination: Illinois Supreme Court Tips Scale for Employers

Several years ago, three employees of a soybean company claimed they were discharged in retaliation for blowing the whistle on their employer’s allegedly illegal activities. Since then, the dispute has been up and down the Illinois court system. Now, the Illinois...