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Avery | Kill, LLC

Employment Law

A workplace free of illegal discrimination and harassment by supervisors, coworkers and others is a right guaranteed by federal and state law. At Avery | Kill, LLC, we have an established reputation for great success in helping to protect the rights of employees.

Our attorneys provide aggressive representation and personal service to clients who have been subjected to employment discrimination and harassment, including cases involving:

  • Wrongful termination
  • Sexual discrimination/harassment
  • Racial discrimination
  • Hostile work environment
  • Age discrimination
  • Race discrimination
  • Gender discrimination
  • Pregnancy discrimination
  • National origin discrimination
  • Religious discrimination
  • Disability discrimination
  • EEOC claims
  • Illinois Department of Human Rights actions
  • Family and Medical Leave Act (FMLA) claims
  • Wrongful termination
  • Retaliatory discharge
  • Negligent supervision and retention
  • Whistleblower litigation
  • Civil rights violations

We also represent clients in a broad range of other employment-related matters, including:

  • Severance agreements
  • Non-competes
  • Executive compensation agreements
  • Employment contract review
  • Succession disputes
  • Buyout issues

Our attorneys have successfully litigated and settled numerous employment-related claims. We have also successfully litigated employment law cases before the U.S. Supreme Court, the Seventh Circuit Court of Appeals, Illinois Supreme Court, and Illinois Appellate Court. Though most settlements are confidential, some examples of our successful litigated results we have achieved for clients include:

  • After a two (2) week federal jury trial, won a $2,158,270 verdict on behalf of a former employee against an employer for violations of the Family Medical Leave Act and Americans with Disabilities Act. Baier v. Rohr-Mont Motors, et. al. 12 CV 8234 (N. D. Ill) (jury trial June, 2015).
  • Prevailed in a case representing a government employee who was forced to impermissibly choose between his job and the exercise of his Fifth Amendment rights when he refused to answer employer’s questions related to an off-duty arrest. We aggressively pursued the case, appealed the original decision, and eventually argued the case successfully before the Seventh Circuit Court of Appeals where a unanimous three-judge panel found in favor of the employee. Then the employer, represented throughout the litigation by one of the largest law firms in the country, appealed to the U.S. Supreme Court where it was further joined by the International Municipal Lawyers Association. Due to success at the Seventh Circuit and the significance of the employee-rights issues presented, the case drew national attention, and the Harvard and Stanford Supreme Court Litigation Clinics requested to join as Kill’s co-counsel at the U.S. Supreme Court. Kill successfully opposed the Petition for a Writ of Certiorari, and her client was ultimately awarded a substantial sum, including all back pay, payment of his full retirement benefits (which had previously been lost) for the rest of his life, emotional distress damages, and payment of all attorneys' fees. Franklin v. City of Evanston, 384 F.3d 838 (7th Cir. 2004), cert. denied, 544 U.S. 956 (U.S. 2005). The oral argument and the decision can be found at www.ca7.uscourts.gov/fdocs/docs.fwx?caseno=03-2127&submit=showdkt&yr=03&num=2127
  • Prevailed in a jury trial representing a former employee who sued her employer for invasion of privacy and violations of federal Electronic Communications Privacy Act, after the employer impermissibly accessed her personal e-mail account. The trial court initially dismissed the complaint at summary judgment, However, we successfully appealed the decision. The employer then filed a Petition for Leave to Appeal to the Illinois Supreme Court which was denied. Eventually, after the case was remanded back to the trial court, the employee prevailed after a week long jury trial. Borchers v. Franciscan Tertiary Province of the Sacred Heart, 2011 IL App (2d) 101257 (2nd Dist. 2011), petition for leave to appeal denied, 968 N.E.2d 1064 (Ill. 2012).

Selected published cases:

Baier v. Rohr-Mont Motors, 12 CV 8234, 2013 U.S. Dist. LEXIS 76368 (N.D. Ill. 2013) (subsequent 2015 jury verdict of $2,158,270)

Franklin v. City of Evanston, 384 F.3d 838 (7th Cir. 2004), cert.denied 544 U.S. 956 (U.S. 2005)

Borchers v. Franciscan Tertiary Province, 962 N.E. 2d 29 (Ill.App.Ct. 2012) (and subsequently prevailed at jury trial)

DeJesus v. Contour Landscaping, 763 F.Supp.2d 1029 (N.D.Ill. 2011)

Latorraca v. Forsythe Mftrg, Inc., 2007 U.S. Dist. LEXIS 66242 (N.D.Ill. 2007)

The firm represents clients in court, mediation and before all administrative agencies, including the Equal Employment Opportunity Commission.