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HR Solutions

IWPCA has no extra-Illinois reach:

Federal Court in Chicago

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Ex-Employee “Pled himself out of Court”

 

            Can a plaintiff claim lost wages under the Illinois Wage Payment and Collection Act if he worked in Georgia for an Illinois employer? No, holds Judge Aspen in Vendetti v. Compass Environmental, Inc. FSupp2d,12 W & H Cases 2d 739.

            A claimant must have performed some work in Illinois to invoke the statute, and Vendetti had gone through the trouble of contracting for the job on the condition that he not relocated to Illinois but instead remain in Stone Mountain, Georgia.

 

 

In Age Case, RIF Statistics Not Enough

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84% of Lay-offs over 40 but no Sale

 

          The courts have allowed evidence of adverse impact in age discrimination cases, but numbers do not liability make. In Hemsworth v. Quotesmith Cons., Inc. (06-1885, 7th Cir. 2007), the plaintiff failed to reverse a summary judgment, despite evidence that the overwhelming majority of RIF’ed employees in the year his contract was not renewed were forty or over. There had to be context for meaningful comparisons, because such evidence “is only helpful when the plaintiff faithfully compares one apple to the another without thoughts of Apple Pie ala mode or Apple iPods.”

 

 

 

 

3/28/07