Scott Gilbert

Practice Areas

- Biometric Privacy Law

- Employment Advice & Investigations

- Employment Litigation, Arbitration & Dispute Resolution

- Faith-Based Health Care Organizations

- Labor & Employment

- Labor & Employment - Health Care

- Employment Class & Collective Actions

- COVID-19 Resources

- Restrictive Covenants & Trade Secrets Litigation

Professional Memberships

- American Bar Association

- Illinois State Bar Association

- American Health Law Association

Publications

February 2022

July 9, 2021

Publications

Biden Executive Order Signals Future Restrictions on Non-Compete Agreements

Co-Author, Polsinelli at Work Blog

March 25, 2021

Publications

Illinois Tightens Restrictions on Employer Use of Criminal Background Checks

Author, Polsinelli At Work Blog

September 17, 2020

Webinars

Connecting the Dots on Digital Health Webinar Series: Part 1 - Overview, Business Model and Health Care Regulatory Considerations

August 5, 2020

Publications

Southern District of New York Says Portions of Department of Labor’s FFCRA Final Rule “Jumped the Rail” and Are Vacated

Co-Author, Polsinelli At Work Blog

April 29, 2020

Publications

Passing the Test: EEOC Clarifies That Employers May Test for COVID-19

Author, COVID-19 Blog

April 22, 2020

Publications

Despite Planning Underway to “Re-Open America,” Gap in Child Care Anticipated to Continue to Impact Workforce

Co-Author, COVID-19 Blog

April 2, 2020

Publications

Abrupt Turn Ahead: The Department of Labor’s New Regulations for the Families First Coronavirus Response Act

Co-Author, COVID-19 Blog

April 2, 2020

Publications

Hitting 500 – Aggregation of Employees Under the Families First Coronavirus Response Act: Updated Department of Labor Rule

Co-Author, COVID-19 Blog

March 29, 2020

Publications

Need to Know: Expansive Health Care Provider Exemption under the FFCRA

Co-Author, COVID-19 Blog

March 25, 2020

Webinars

Key Issues in Dealing with COVID-19 in Senior Housing and Long Term Care

March 24, 2020

Publications

Health Care Workers and Leave Under the Families First Coronavirus Response Act

COVID-19 Blog

June 4, 2019

Publications

Webinar: The Cubicle - Season 1, Episode 2 - Dream Team: How to Effectively Recruit Talent While Protecting Your Workforce and Confidential Information From Being Poached

June 4, 2019

Webinars

The Cubicle - Season 1, Episode 2 - Dream Team: How to Effectively Recruit Talent While Protecting Your Workforce and Confidential Information From Being Poached

Expert in these Jurisdictions

Bar Admission

- Illinois, 2004

Court Admissions

- U.S. District Court, Central District of Illinois, 2011

- U.S. District Court, Northern District of Illinois, 2005

- U.S. District Court, Southern District of Illinois, 2008

- U.S. Court of Appeals, Seventh Circuit, 2014

Work Highlights

- Successfully enforced restrictive covenant under Florida law against former regional sales director for a pharmaceutical company who had accepted a comparable position with a competitor servicing the same territory.

- Successfully enforced restrictive under Illinois against two former employees who left to begin a competing logistics company.

- Successfully enforced restrictive covenant under Louisiana against former sales representative for a medical device company who had accepted a comparable position with a direct competitor servicing the same territory.

- Successfully enforced restrictive covenant under New York law against former sales representative for a medical device company who had accepted a comparable position with a direct competitor servicing the same territory.

- Successfully enforced restrictive covenant under Missouri law against former account executive who had accepted a comparable position with a competitor servicing the same territory.

- Successfully defended technology company under Minnesota law against a tortious interference claim from a former employer by establishing that the two entities were not true competitors and that the employee at issue was not provided with sufficient access to confidential information to create a protectable interest under the employee’s restrictive covenant agreement.

- Successfully defended Charge of sex discrimination and retaliation from former sales representative of medical device Company by establishing that basis for termination was plaintiff’s failure to meet objective sales quotas and related discipline.

- Successfully defended real estate property owner against claims of race and age discrimination and retaliation from former employee who was terminated for performance issues.

- Successfully defended fire protection district in relation to claim from former fire chief alleging that termination violated 42 USC §1983, resulting in court granting motion to dismiss.

- Successfully defended construction company against proposed class action under the Americans with Disabilities Act and the Age - Discrimination in Employment Act by establishing that there was insufficient statistical evidence of a disparate impact, and that physical abilities test administered to the plaintiff was job related and consist with business necessity.

- Successfully defended laboratory against claims of race and age discrimination raised by a former technician by establishing that plaintiff’s objective performance deficiencies were the basis for termination.

- Successfully obtained dismissal of former employees claims under Americans with Disabilities Act by establishing that the plaintiff’s failure to accommodate claims were outside the scope of the plaintiff’s EEOC charge, and that plaintiff’s retaliation claims failed due to an inability to establish that any of the allegedly retaliatory events were sufficiently severe to qualify as an adverse employment actions.

- Successfully defended manufacturer in labor arbitration in which the union alleged that the employer had improperly applied its bonus structure in violation of the collective bargaining agreement.

Awards

Education