Copy your question from the blogpost and paste it in the first bullet in a Word doc.Then cut and paste the relevant principles of law,
Copy your question from the blogpost and paste it in the first bullet in a Word doc.Then cut and paste the relevant principles of law, supported by cases, statutes, and other authorities that you believe bear on your Friends or Family Legal Issue. Sort the items into a logical order. Begin with general principles and then get more specific in order to answer your question. Put your conclusion in a bullet point too.
These bullets points should be complete sentences and your bullets may be one or two sentences long. If you need much more for your bullet, perhaps you need to add more bullet points. REMEMBER: EACH PRINCIPLE OF LAW MUST BE SUPPORTED BY A STATUTE OR CASE OR OTHER AUTHORITY. If your legal issue had more than one question, then be sure each question has its own bullet conclusion. This part of the Family Or Friends Assignment is worth 50 points.
Points & Authorities
Issue: Paste your issue here
- Most general applicable rule of law related to your issue. Citation of authority for this rule of law.
- Next most general applicable rule of law related to your issue. Citation of authority for this rule of law.
- More specific applicable rule of law related to your issue. Citation of authority for this rule of law.
- Even more specific applicable rule of law related to your issue. Citation of authority for this rule of law.
- An even more specific applicable rule of law related to your issue and so on until you have listed all the applicable rules need to solve your issue. Citation of authority for all rules of law.
Conclusion: What's the answer to your issue? Briefly state it here.
This is my rough draft:
Points & Authorities
Issue: Can John file a wrongful termination lawsuit for age discrimination?
- Illinois Human Rights Act requires filing a claim with IDHR or EEOC within 180 days. If the EEOC decides no discrimination, they will send you a Notice of Right to Sue. 775 ILCS 5-101
- When filing a charge with the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR), a plaintiff must include all claims under Title VII or the IHRA they wish to pursue. These acts protect individuals from discrimination based on specific "protected classes." Cervantes v. Ardagh Grp.,914 F.3d 560, 564 (7th Cir. 2019)
- Section 4(a)(1) of theAge Discrimination in Employment Act prohibits employers from discriminating against individuals over 40 based on age. Burnell v. General Telephone Co. 536 N.E.2d 1387 (Ill. App. Ct. 1989)
- Section 623 of the United States Code is a part of the labor laws under Title 29. It pertains to the Age Discrimination in Employment Act (ADEA), which forbids employment discrimination based on age. This federal law protects workers from being treated unfairly because of their age. It shall be unlawful for an employer--(1)to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual to his compensation, terms, conditions, or privileges of employment because of such individual's age.
- "The Administrative Law Judge determined that the petition did not establish a case of discrimination by a preponderance of the evidence, based on witness credibility and evidence presented." Koulegeorge v. State of Illinois Hum. Rts, Comm'n,316 Ill. App. 3d 1079, 1087 (Ill. App. Ct. 2000)
- Civil rights violationsemployment775 ILCS 5/2-102 statute that (1) In a civil action under subsection (A), if the court finds that a civil rights violation has occurred or is about to happen, the court may award the plaintiff actual and punitive damages, and may grant as relief, as the court deems appropriate.
- "Discrimination can be proved through either direct or indirect evidence."Applegate v. Ill. Human Rights Comm'n, No. 1-19-1419, 9 (Ill. App. Ct. 2020)
- In Teale, an employee brought a civil action for discharge allegedly wrongful under theAgeDiscriminationAct (Ill.Rev.Stat. 1975, ch. 48, pars. 881 through 887.) That Act made it unlawful to discharge a person because of hisageand provided a criminal penalty. 299 F. Supp. 2d 872, 874 (N.D. Ill. 2004)
Conclusion: Yes, he can file a lawsuit for wrongful termination based on his age.
Issue: Can John file a wrongful termination lawsuit in Illinois, even though it is an employment-at-will state?
- A significant exception to employment-at-will is that an employee cannot terminate an employee for a reason that violates state and/or federalIL ST CH 775 5/2-102 2-102. Civil rights violations--employment. It is a civil rights violation: (A) Employers. For any employer to refuse to hire, to segregate, to engage in harassment as defined in subsection (E-1) of Section 2-101, or to act for recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment based on unlawful discrimination, citizenship status, or work authorization status. An employer is responsible for harassment by the employer's nonmanagerial and nonsupervisory employees only if the employer becomes aware of the conduct and fails to take reasonable corrective measures.
Conclusion: Yes, although Illinois is an employment-at-will state, it does not allow age discrimination, which is a violation of state and federal law.
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