Employment Law Chicago Blog

The Seventh Circuit Court of Appeals recently held that a job applicant who was promised a phony job by the job interviewer in exchange for sexual favors cannot maintain a viable sexual harassment claim under Title VII of the Civil Rights Act of 1964, as amended.  Wilson v. Cook County, No. 13-1464 (7th Cir.), February 10, 2014.  The Seventh Circuit reasoned that neither the phony job nor any employment relationship ever existed and, therefore, the plaintiff could not establish a failure to hire claim or a sexual harassment claim. 

The Illinois Appellate Court recently held that a sales representative contract that, according to its own terms, is terminable only upon the written consent of both parties, is actually terminable at will, because contracts of indefinite duration, which the termination provision created, are unenforceable under Illinois law as against public policy. Rico Industries, Inc. v. TLC Group, Inc., 2014 IL App (1st) 131522, February 7, 2014.  Employers and executives should take note of this decision because its holding--that contract termination provisions requiring the consent of both parties are unenforceable--would apply to executive employment agreements and other employment contracts.