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Employment Law Alert

Noncompetes Often "Stick" when Associated with Sale of a Business

In E.T. Products, LLC v. D.E. Miller Holdings, Inc., the 7th Circuit was asked to assess whether a non-compete included in the sale of a business was valid, and then if so, whether the defendant violated it. The non-compete at issue had a five-year duration and was quite broad in geographic scope, and in the   Continue Reading »

7th Circuit Rejects Medical Leave of Absence Request as Reasonable Accommodation Under the ADA Following Exhaustion of FMLA Leave

In Severson v. Heartland Woodcraft, Inc., plaintiff exhausted his 12-week FMLA leave to deal with back pain. He underwent back surgery on the last day of his FMLA leave. The surgery required a medical leave of absence of another two-three months. Plaintiff requested an extension of his medical leave of absence. The employer denied the   Continue Reading »

Seventh Circuit Upholds EEOC's Investigatory Authority Despite Resolution of the Underlying Case in favor of the Employer

In this appeal, Union Pacific Railroad challenged the EEOC’s authority to continue its investigation after issuing a Right to Sue letter and after the district court had granted summary judgment in favor of the employer. While an issue of first impression in this circuit, similar challenges have created a split in authority between the Fifth   Continue Reading »

Common Actor Inference a Jury Question Not Suitable for Summary Judgment

The Seventh Circuit Court of Appeals previously explained that the “common actor inference” says it is reasonable to assume that if a person was unbiased at Time A (when he decided to hire the plaintiff), he was also unbiased at Time B (when he fired the plaintiff).  This principle dates back to EEOC v. Our   Continue Reading »

Johnson and Bell

Johnson and Bell