Human Resources and Employment
Gould & Ratner’s Human Resources and Employment Law Practice advises company management on a broad array of employment matters and state and federal labor laws. We focus our practice on three core disciplines:
- Employment and benefits counseling
- Employee training
- Employment litigation
Our lawyers firmly believe that an “ounce of prevention” is worth far more than the proverbial “pound of cure.” Nearly every issue arising in the human resources arena is best addressed proactively, long before anyone can even contemplate filing a lawsuit or administrative charge.
To that end, our lawyers are not just hired guns representing employers in court, but are a valued and necessary part of the entire human resources life-cycle from:
- Interviewing
- Hiring
- Compensating
- Packaging benefits
- Coaching
- Disciplining
- Separating from employment
In addition, our lawyers regularly provide advice in areas including, but not limited to:
- Planned discharge decisions, including assessing risk and compliance with EEO law
- Impact of labor and employment law issues on mergers and acquisitions
- Legal compliance audits of human resources practices
- Layoffs and reductions in force
- Leave issues under the Family and Medical Leave Act, workers’ compensation law and the Americans with Disabilities Act
- Requests for reasonable accommodation
- Drafting and enforcing non-compete, non-solicitation and non-disclosure agreements
- Investigating harassment complaints
- Revising and updating employee handbooks
- Securing I-9 compliance through internal audits
- Strategies to ensure exemptions from the requirement of paying overtime
Client Counseling
The Human Resources and Employment Law Practice's lawyers have a long history of working closely with their clients’ general counsel and/or human resources professionals to proactively consult on the myriad of employment-related issues presented to companies across the country.
Our team has all the resources needed to help build a “best practices” human resources department and to minimize the risks of facing costly litigation:
- Consulting on the latest human resources topics
- Elevating human resources to the “C” suite
- Drafting executive compensation agreements
- Designing and drafting employee benefit plans
Training
In line with our goal of focusing on preventative measures that assist employers in reducing exposure to costly employment-related lawsuits, we have developed training and educational programs that can yield significant and measurable savings over costly employment actions and claims.
Our lawyers personally conceive, design and present all of the firm’s employment law training seminars. We believe that, as lawyers, we bring a unique perspective to employment-related training.
We have significant experience in court defending employers against discrimination lawsuits filed by current and former employees, so we have witnessed the successes and the failures employers face in court. The use of practicing lawyers as trainers brings both a real-world understanding and years of practical experience to each and every seminar.
Representative Training Programs
- Harassment Prevention for Managers and Supervisors
- Overtime Run Amok? The Basics of Wage and Hour Law
- Risk Management
- Supervisory Skills Training 101
- Diversity and Sensitivity in a Multi-Cultural Workforce
Employment Litigation
Our attorneys represent employers in employment-based lawsuits in state and federal courts across the country and before various federal, state and local governmental agencies. We have litigated a wide variety of employment-related disputes, including:
- Employment discrimination (national origin, age, disability, etc.)
- Sexual harassment
- Workers’ compensation retaliation
- Enforcement of restrictive covenants
- Breaches of fiduciary duty
- Breaches of contract
- Unfair labor practice charges
- EEOC charges
- Wage and hour
HR Blog
As part of our lawyers' commitment to stay on top of ever-changing laws and regulations pertaining to human resource and employment, we regularly post updates on hot topics in employment law on our HR Blog. To view and subscribe to it, click here.
Representative Matters
- Sanctions Won: Our lawyers represented a coal mining company in a case in which the plaintiff, a current employee, alleged that she was being unlawfully harassed because of her age and disability and that the company was failing to accommodate her disability. Due to ongoing discovery disputes, the firm filed a motion to compel, which the court granted and in which the court ordered sanctions against the plaintiff’s counsel in an amount equal to the company’s costs in preparing that motion. The case settled shortly thereafter for a release of the company’s right to collect the sanctions.
- Making Law in the Circuit: We represented a large international employer in a disability discrimination lawsuit filed by a current employee. The employee alleged that the company failed to accommodate her medical condition which required, among other things, frequent bathroom breaks. The firm was able to secure admissions at the plaintiff’s deposition that she believed her performance was far superior to the generally positive ratings she had received from her supervisors. On summary judgment, the employer successfully convinced the court that since self-assessed performance was so overwhelmingly above expectations that she was not entitled to a reasonable accommodation as a matter of law.
- Moonlighting Proven: Our lawyers represented a coal mining company in a disability discrimination case filed by a current employee. After securing evidence that the employee had been moonlighting while on a claimed medical leave of absence, David Michael was successful in having the case dismissed and in defeating the employee’s request for review (appeal).
- Falsifying Medical Records: We represented an aggregate and stone mining company in a retaliatory discharge case. David Michael successfully argued to the appellate court that the plaintiff falsified medical records and failed to establish the company terminated him for any other reason than his failure to return to work after he had recovered from a workers’ compensation injury.
- Admitting Speculation: Our lawyers represented a truck trailer manufacturer in a retaliatory discharge case brought by a former employee who suffered numerous work-related injuries. At the plaintiff’s deposition, David Michael was able to secure an admission that the plaintiff was simply speculating that the company terminated her employment in retaliation for filing a workers’ compensation claim. Accordingly, the court granted the company’s summary judgment motion.
- Statute of Frauds: The firm represented a graduate school in child development in a wrongful discharge case. The plaintiff argued that he had been granted a two-year employment contract and was wrongfully terminated only 11 months after it began. The court granted the firm’s motion to dismiss, finding that the alleged employment contract was not in writing and, therefore, was unenforceable under the Statute of Frauds.
- Defamation: In a departure from its normal position as defense counsel, our lawyers successfully represented a long-time friend of the firm in an arbitration case alleging defamation against his prior employer associated with its filing of a false Form U-5. After winning $333,000 in the arbitration, David Michael successfully defended that judgment from attack at the trial court, before the appellate court and in front of the Supreme Court.
- DOL Action: The firm represented a “turn-around” specialist after several high-ranking former employees sued for compensation and benefits under their employment agreements. David Michael successfully convinced the Department of Labor to dismiss the case.
- Discrimination: We represented an airline in a race discrimination, workers’ compensation and retaliatory discharge case involving an employee who was terminated for excessive absenteeism. In this case, the court granted summary judgment in favor of the airline.
We represented a tool manufacturer in an age discrimination/discharge case. The court granted summary judgment in favor of the company, finding that the plaintiff was unable to produce evidence that the discharge was based upon his age. - Misappropriation of Trade Secrets: Paul Carroll and David Michael represented a recruiting company in an action against a former employee for misappropriation of trade secrets, breach of his employment agreement and breach of his fiduciary duty of loyalty. The matter was resolved upon entry of a permanent injunction barring the former employee from utilizing any confidential or trade secret information from his former employer.
- Wage and Hour Class Claims: David Michael represented an employer in Indiana in a class action brought pursuant to the Indiana Wage Payment law. Using a procedural device under the Federal Rules of Civil Procedure, the firm was able to resolve the case prior to the certification of class.
Disability Discrimination
Retaliatory and Wrongful Discharge
Other Matters
Publications
- New Year, New Updates to Employment Laws , HumanResourcesLawBlog.com , December 20, 2022
- EEOC Releases New “Know Your Rights” Poster , HumanResourcesLawBlog.com , October 31, 2022
- Chicago Expands Bystander Intervention Training , HumanResourcesLawBlog.com , August 22, 2022
- New Rules from the Illinois Department of Labor Aim to Protect Domestic Workers , HumanResourcesLawBlog.com , August 11, 2022
- What Employers Need to Know About the Upcoming Change to the Chicago Fair Workweek Ordinance , HumanResourcesLawBlog.com , June 14, 2022
- EEOC Issues Guidance on Caregiver Discrimination Related to COVID-19 , HumanResourcesLawBlog.com , March 18, 2022
- Congress Passes Landmark #MeToo Bill , HumanResourcesLawBlog.com , February 15, 2022
- U.S. Supreme Court Permits Healthcare Vaccine Rule Enforcement , HumanResourcesLawBlog.com , January 14, 2022
- U.S. Supreme Court Blocks OSHA Employer Vaccine-or-Test Requirement , HumanResourcesLawBlog.com , January 14, 2022
- Sixth Circuit Court Lifts Stay on OSHA’s Emergency Temporary Standard , HumanResourcesLawBlog.com , December 20, 2021
- EEOC Clarifies When COVID-19 May Be a Disability , HumanResourcesLawBlog.com , December 15, 2021
- NLRB Issues Guidance for Employers Enforcing OSHA’s ETS on Vaccine Mandates , HumanResourcesLawBlog.com , November 15, 2021
- OSHA’s ETS on Vaccine Mandates and Employer Choice , HumanResourcesLawBlog.com , November 15, 2021
- States Push Back Against OSHA’s Vaccination Requirements , HumanResourcesLawBlog.com , November 11, 2021
- Mandatory COVID-19 Measures Have Arrived for Employers With 100 or More Employees , HumanResourcesLawBlog.com , November 4, 2021
- EEOC Issues Updated COVID-19 Guidance for Religious Exemption Requests , HumanResourcesLawBlog.com , October 26, 2021
- New Surge Brings New Mandates: The Biden Administration Tries a New Tactic , HumanResourcesLawBlog.com , September 10, 2021
- What Employers Need to Know About Updated Mandated Sick Leave Policies for Illinois and Chicago , HumanResourcesLawBlog.com , August 23, 2021
- More Masking: What Updated CDC Guidance Could Mean for Employers , HumanResourcesLawBlog.com , August 4, 2021
- Illinois Gets More Restrictive on Restrictive Covenants , HumanResourcesLawBlog.com , July 7, 2021
- Illinois Employee Sick Leave Act Amended to Cover Personal Care for Family Members , HumanResourcesLawBlog.com , June 21, 2021
- Employees and Vaccinations: What Do Employers Need to Know and Consider? , HumanResourcesLawBlog.com , June 2, 2021
- DHS Extends Deferral of I-9 Physical Document Inspection Due to COVID-19 , HumanResourcesLawBlog.com , June 1, 2021
- Chicago Passes Vaccine Anti-Retaliation Ordinance , HumanResourcesLawBlog.com , April 27, 2021
- Tax Credit Available for Small Businesses That Offer Vaccine Paid Time Off , HumanResourcesLawBlog.com , April 23, 2021
- Illinois Reporting Requirements Expand for Employers , HumanResourcesLawBlog.com , April 15, 2021
- ARPA Expands Employment-Related Reimbursements and Extends Unemployment , HumanResourcesLawBlog.com , March 25, 2021
- American Rescue Plan Act Expands PPP’s Reach , March 22, 2021
- EEOC Updates Its Compliance Manual on Discrimination , HumanResourcesLawBlog.com , February 5, 2021
- OSHA Issues New Guidance on Protecting Workers During COVID-19 , HumanResourcesLawBlog.com , February 5, 2021
- New Administration, New Priorities: What Does a Biden Harris Administration Look Like for Employers? , HumanResourcesLawBlog.com , January 21, 2021
- The Impact of the $900 Billion Appropriations Act on Employers and Their Employees , HumanResourcesLawBlog.com , December 29, 2020
- Congress Passes $900 Billion Relief Act and Revises the PPP , December 23, 2020
- Employee Retention Tax Credit Extended and Expanded , December 23, 2020
- The COVID-19 Vaccines Are Here – What Do Employers Need to Know and Consider? , HumanResourcesLawBlog.com , December 22, 2020
- Mr. Biden Goes to Washington (Again): How Will the Next Administration Help Businesses Combat COVID-19? , November 16, 2020
- EEOC Updates Technical Assistance Information for COVID-19 , HumanResourcesLawBlog.com , September 8, 2020
- DOL Issues Updated Guidance, Report on Pandemic-Related Matters , September 2, 2020
- U.S. DOL Releases New FMLA Forms, Seeks Public Input , HumanResourcesLawBlog.com , July 17, 2020
- SBA New Loan Forgiveness Applications Released, More Guidance on Paycheck Protection Program Flexibility Act , June 19, 2020
- What's Involved in Training Employees to Recognize Signs of Human Trafficking , June 18, 2020
- U.S. Supreme Court Rules Title VII Protects LGBTQ Employees , HumanResourcesLawBlog.com , June 15, 2020
- EEOC Updates Pandemic Workplace Guidance , HumanResourcesLawBlog.com , June 12, 2020
- More Flexibility for Updated Paycheck Protection Program Rules , June 9, 2020
- How One Small Business Is Staying a Cut Above Upon Reopening , June 4, 2020
- Illinois Businesses Must Adhere to Restore Illinois Phase 3 Safety Guidelines , June 2, 2020
- SBA Dispenses More Info for Maximizing PPP Forgiveness , May 26, 2020
- Chicago Passes COVID-19 Anti-Retaliation Ordinance , May 26, 2020
- IRS Issues COVID-19 Cafeteria Plan Guidance for Employers , HumanResourcesLawBlog.com , May 20, 2020
- DOL Provides Additional FAQs Regarding the Families First Coronavirus Response Act , May 13, 2020
- One Month Into PPP: How to Maximize Forgiveness and Ensure Compliance , May 13, 2020
- Employer Considerations on Returning to the Workplace in the Age of COVID-19 , May 4, 2020
- DOL Provides Additional Guidance on Families First Coronavirus Response Act , HumanResourcesLawBlog.com , April 29, 2020
- Illinois Workers’ Compensation Commission Adopts “Rebuttable Presumption” Rule of Evidence , HumanResourcesLawBlog.com , April 24, 2020
- Amendment to CARES Act Set to Revive Paycheck Protection Program With More Much-Needed Relief for Small Businesses , HumanResourcesLawBlog.com , April 23, 2020
- Amendment to CARES Act Set to Revive Paycheck Protection Program With More Much-Needed Relief for Small Businesses , HumanResourcesLawBlog.com , April 23, 2020
- Employee Temperature Screenings During COVID-19: What Employers Need to Know , HumanResourcesLawBlog.com , April 23, 2020
- Employer Safety Guidance for Manufacturing Workers During the COVID-19 Pandemic , HumanResourcesLawBlog.com , April 23, 2020
- OSHA Releases Further Guidance on Reporting and Recording COVID-19 Cases , HumanResourcesLawBlog.com , April 20, 2020
- Illinois Implements Federal Stimulus Package Unemployment Benefits , April 16, 2020
- Key CARES Act Mid-Sized Business Loan Programs Limit Executive Compensation, Protect Labor Organizing , HumanResourcesLawBlog.com , April 13, 2020
- CDC Issues Updated COVID-19 Guidance for Employers in Non-Healthcare, Critical Infrastructure Sectors , HumanResourcesLawBlog.com , April 10, 2020
- New Main Street Lending Program Offers More Relief for Small and Mid-Sized Businesses , April 10, 2020
- DOL Issues Rule and Additional Q&As on Families First Act Leave , HumanResourcesLawBlog.com , April 7, 2020
- CDC Recommends Use of Cloth Face Masks , April 6, 2020
- Illinois to Implement Expanded Unemployment Benefits Under the CARES Act , April 1, 2020
- COVID-19 Disaster Relief Payments to Employees Not Considered Taxable Income by IRS , March 31, 2020
- U.S. Department of Labor Issues Supplemental Q&A on the Families First Coronavirus Response Act , HumanResourcesLawBlog.com , March 30, 2020
- U.S. Department of Labor Issues Initial Q&A on the Families First Coronavirus Response Act , HumanResourcesLawBlog.com , March 26, 2020
- DHS Defers Form I-9 Physical Inspection Requirement Due to COVID-19 , HumanResourcesLawBlog.com , March 24, 2020
- FAQs for Employers During the Coronavirus Pandemic , HumanResourcesLawBlog.com , March 23, 2020
- UPDATED: The Families First Coronavirus Response Act – What You Need to Know , HumanResourcesLawBlog.com , March 19, 2020
- Important Reminders for Employers When Handling COVID-19 Concerns , HumanResourcesLawBlog.com , March 11, 2020
- The Threat of Coronavirus in the Workplace: How to Prepare , HumanResourcesLawBlog.com , February 14, 2020
- Host of New Illinois Laws Impacts Hotels , HumanResourcesLawBlog.com , February 12, 2020
- What Employers Need to Know About the New I-9 Form , HumanResourcesLawBlog.com , February 10, 2020
- New Year, New Laws for Illinois Employers , HumanResourcesLawBlog.com , December 30, 2019
- New Litigation May Affect the Chicago Fair Workweek Ordinance , HumanResourcesLawBlog.com , December 18, 2019
- DOL Announces Final Rule on Perks and Benefits , HumanResourcesLawBlog.com , December 13, 2019
- Illinois Cannabis Act: New Changes for Employers Just Before Jan. 1 Effective Date , HumanResourcesLawBlog.com , December 6, 2019
- New Illinois Law Addresses Use of Artificial Intelligence in Hiring , November 8, 2019
- Flurry of New Illinois Laws in 2019 Suggest It’s Time To Update Your Employee Handbook , HumanResourcesLawBlog.com , November 4, 2019
- 1.3 Million More Workers Will Be Eligible for Overtime Pay Under Final DOL Rule , HumanResourcesLawBlog.com , September 25, 2019
- New Illinois Workplace Transparency Law Limits Employers’ Ability to Stop Disclosure of Alleged Illegal Acts , HumanResourcesLawBlog.com , September 4, 2019
- Illinois is Changing the Conversation on Salaries. How Do Employers Prepare? , HumanResourcesLawBlog.com , August 28, 2019
- Current Form I-9 Will Expire at the End of August 2019 , HumanResourcesLawBlog.com , August 20, 2019
- Illinois Expedites Health Care Waiver Application Process for Applicants with Arrests or Convictions , HumanResourcesLawBlog.com , August 1, 2019
- New Illinois Law Bans Employers from Asking About Salary History , August 1, 2019
- Illinois Passes Bill Requiring Anti-Harassment Training , July 23, 2019
- Illinois Biometric Policy Law Does Not Require Proof of Actual Damages , March 27, 2019
- Employers Facing New Rules on Overtime, Reporting Pay Data , HumanResourcesLawBlog.com , March 14, 2019
- Illinois Rings in 2019 With New Employment Laws , HumanResourcesLawBlog.com , January 21, 2019
- Nursing Breaks Are Now Paid In Illinois! , HumanResourcesLawBlog.com , September 3, 2018
- Time To Rethink Mandatory Arbitration Agreements? U.S. Supreme Court Rules Class Action Waivers Are Legal , HumanResourcesLawBlog.com , May 24, 2018
- Court Provides Much-Needed Guidance on Employee Leaves of Absence , HumanResourcesLawBlog.com , November 6, 2017
- Trump Administration Suspends EEO-1 Equal Pay Reporting Requirements , HumanResourcesLawBlog.com , September 6, 2017
- Judge Strikes Down New DOL Rule on Overtime and White Collar Exemption , HumanResourcesLawBlog.com , September 5, 2017
- The New City of Chicago/Cook County Paid Sick Leave Ordinances: Is Your Company Ready? , June 2017
- Appeals Court Rules That Federal Law Prohibits Workplace Discrimination Based on Sexual Orientation , HumanResourcesLawBlog.com , April 3, 2017
- Franchisor Is Not "Lovin' It" , April 29, 2016
- Would Your Company's Non-Compete Survive a Challenge in Court? , Employment e-lert , February 2016
- Conditional Job Offers and Medical Examinations: An ADA Landmine? , Employment e-lert , June 2013
- New FMLA Rule Takes Effect , Illinois Banker , February 2013
- Spouse of Undocumented Alien Fails to State Discrimination Claim , American Bar Association, Litigation Section News & Developments , December 2012
- Recent Developments in the Enforcement of Restrictive Covenants , Illinois Banker , April 2012
- The GINA Regulations Are Here! , Illinois Banker , January 2011
- Illinois Enacts New Employee Credit Check Law , Employment e-lert , January 2011
- Praying for Relief: Accommodating Employee Religious Practices , Illinois Banker , March 2010
- New Tax Rules for Deferred Compensation , GR Review , June 2009
- Employers Beware: Disability Law Amendments Effective in 2009 , Employment e-lert , November 2008
- New Law to Prohibit Discrimination Based Upon Genetic Information , GR Review , September 2008
- The New and Improved (?) FMLA , Employment e-lert , March 2008
- No Relief Behind the Counter: Does Federal Law Protect a Pharmacist Who Refuses to Fill Birth Control Prescriptions? , Employment e-lert , July 2007
- New Ruling Requires Harassment To Be "Targeted" , Employment e-lert , April 2007
News
- Five Gould & Ratner Lawyers Named Illinois Super Lawyers and Rising Stars for 2023, January 24, 2023
- Gould & Ratner Represented JJD Management in the Acquisition of Metaltec, October 20, 2022
- Eight Gould & Ratner Lawyers Named Illinois Super Lawyers and Rising Stars for 2022, January 28, 2022
- Eight Gould & Ratner Lawyers Earn Illinois Super Lawyers, Rising Stars Designation for 2021, February 1, 2021
- Eight Gould & Ratner Lawyers Earn Illinois Super Lawyers, Rising Stars Designation for 2020, January 30, 2020
- 4 Boxes To Check Before Firing An Offensive Employee, Law360.com, May 16, 2017
- 3 Takeaways From 7th Circ.'s Watershed Gay Bias Ruling, Law360, April 4, 2017
- EEO-1 Pay Reporting, Overtime Rule May Be Repealed Following Trump Order, SHRM.com, March 19, 2017
Events
- David Michael Spoke at the International Housewares Association CHESS Conference, October 6, 2021
- Gould & Ratner Sponsored the Second Virtual Edition of The Working Lunch, May 25, 2021
- David Michael Discussed Minimizing Risk When Terminating Employees in a Financial Poise and West LegalEdCenter Webinar, September 4, 2019
- David Michael Presented at CCI and Great Dane Environmental, Health and Safety Conference , May 16, 2019
- David Michael Spoke at the ALA's 2018 Annual Conference and Expo, May 3, 2018
- Protecting Your Employee Assets: The Life Cycle of the Employment Relationship 2018, January 9, 2018
- WEBINAR: The New City of Chicago and Cook County Paid Sick Leave Ordinances: Is Your Company Ready?, June 21, 2017
- Great Dane Trailers Human Resources Conference Legal Update, February 14, 2017
- FLSA + NLRB HR Legal Updates, October 18, 2016
- Team Dynamics and Emerging Trends in Diversity, October 4, 2016
- Sex, Drugs, Guns and Crime (and Other Hot Topics in HR Law), January 2015