Inspector Suspended For Not Shutting Black-Owned Business

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A 20-year veteran building inspector says Genesee County harassed, suspended and constructively fired him because he refused to shut down a black-owned business on a pretext. Michael O'Leary says his boss told him, "Shut them down, go into that business and find some reason to shut them down. We don't want gang bangers and north end problems coming into our Township."

O'Leary claims his boss, defendant Supervisor Douglas Carlton, gave him those racist instructions. He claims that when he and the fire chief could not find any code violations in the black-owned business, the Beach House, and allowed it to stay open, Carlton told him, "You did a real poor job on that assignment," and proceeded to harass, suspend and constructively fire him.

O'Leary says he "considered keeping businesses in Flint Township open for business to be part of his job duties."

He demands more than $75,000 in damages. He is represented by Tom Pabst.

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What Is Meant by ‘No-Fault’ Workers’ Compensation in Illinois?

If you were injured in a work-related accident and have been researching workers’ compensation, you may have seen it described as a “no-fault” system. One of the most important things to understand about the workers’ compensation system in Illinois is that it is based on a “no-fault” system. What does this mean, exactly?

Most employers in Illinois are required by law to have workers’ compensation insurance. And the workers' compensation in Illinois is a “no-fault” system, which means that any worker who has been hurt on the job is entitled to workers' compensation benefits. If you have been hurt on the job, you are entitled to workers’ compensation benefits no matter whose fault the accident was.

A no-fault insurance system, such as workers’ comp, works by paying claims regardless of who is to blame for an accident. This provides an important layer of protection for injured workers, sparing them from having to through additional litigation and the through the additional burden of proving who was at fault before receiving benefits.

In Illinois, even though you don’t have to prove that your injury was your employer’s fault, you do have to prove that your injury happened at work or as a result of work. If you would like help to file your workers' compensation claim, Krol, Bongiorno, & Given’s experienced workers' comp lawyers are here to help. With over 60 years of combined legal experience, the KBG law firm is a leader in the field of workers’ compensation law and we have earned the reputation as aggressive advocates for injured workers before the IWCC.

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