Rumors of "Sleeping Your Way to the Top" Can Constitute Sex Discrimination
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By: Alan E. Seneczko, Esq.
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It remains an unfortunate, though persistent, stereotype in our society that women who advance in the workplace, especially those who do so rapidly and have a male superior, do so not by merit, but rather, because of a sexual relationship with their superior. In other words, they only obtained the position because they are "sleeping with the boss." When such false rumors and gossip persist - and are even advanced by other managers, can they form the basis of a claim for sex discrimination? The Fourth Circuit Court of Appeals just determined that they can.
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States Vary Widely in Their Respective Independent Contractor Legal Tests
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ROLE OF STATE LEGISLATURE: Surprising to many, state legislatures solely determine the legal test that is used in a particular state for evaluating whether a "worker" in question is an independent contractor or an employee (for purposes of obtaining state unemployment insurance benefits).
LEGAL BATTLE OVER CLASSIFICATION: For many years, I have defended companies who make the legal argument that the "worker" trying to get unemployment insurance benefits is
really an independent contractor (and therefore the "worker" should not be eligible for unemployment insurance benefits). Often the legal battle over independent contractor status arises out of an unemployment insurance audit of a company (and the company argues that their independent contractors are correctly classified and are not employees).
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Tackling Employment Law Troubles In 2019 Before They Become “Taxing” To Your Business
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Wessels Sherman is excited to announce a two-city tour seminar scheduled just ahead of “tax day” 2019, hosted respectively by Joseph Laverty and James Sherman, Managing Shareholders of our Iowa and Minnesota offices.
These half-day seminars may not help businesses with their IRS filings, but they most certainly will help employers deal with some of the most important workplace problems trending in 2019.
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Connect with Wessels Sherman
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Upcoming Seminars, Webinars and Teleseminars
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Wednesday, March 27, 1-2 pm
(Seminar)
- Hampton Inn & Suites Moline-Quad City International Airport
Friday, March 29, 8 am - 12 pm
(Seminar)
- Minneapolis - Embassy Suites Airport
Friday, April 5, 8 am - 12 pm
Thursday, April 18, 2019, 2-3 pm
Wednesday, April 24, 2019, 1-2 pm
Thursday, June 20, 2019, 2-3pm
Thursday, September 12, 2019, 2-3 pm
Everything Illinois Employers Need To Know About Terminations! And How To Protect The Company!
(Breakfast Seminar)
Wednesday, October 23, 2019, 8 am - Noon
Thursday, November 14, 2019, 2-3 pm
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The attorneys of Wessels Sherman have the superior experience, knowledge and leadership to aggressively represent your business nationwide, including St. Charles, Chicago and Cook County, Illinois; Oconomowoc, Wisconsin; Minneapolis, Minnesota; Davenport, Iowa and the entire Quad Cities area.
Editors:
CLIENT ALERT Editor-in-Chief........Walter J. Liszka
Minnesota.........................................James B. Sherman
Wisconsin.........................................Alan E. Seneczko
Iowa.................................................Joseph H. Laverty
Illinois...............................................Nancy E. Joerg
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The Client Alert is a complimentary newsletter published periodically for clients and friends of Wessels Sherman. We reserve the right to limit distribution of our materials to representatives of management. The materials in this newsletter have been abridged from a variety of sources and are not necessarily applicable to a particular situation. The contents of this mailing should not be construed as legal advice. State laws vary. Readers should consult with legal counsel before taking any action on matters covered by this mailing.
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