Businesses have an interest in mitigating the risk inherent in hiring new workers. They want to ensure that professionals can’t leave the organization and compete unfairly against it. Employers frequently add restrictive covenants to their contracts to protect against worker misconduct....
Running a business means balancing empathy with accountability. Sometimes, an employee’s illness or injury makes it hard for them to do their job. If that person is not covered by the Family and Medical Leave Act (FMLA) or workers’ compensation, you must handle the situation carefully. Knowing how t...
Many Illinois employers believe that they must give employees advanced notice before firing them. It might surprise you to learn that Illinois and federal law do not require employers to give any notice before terminating employees....
Imagine you’ve just landed your dream job in the U.S. on an H-1B visa. Everything seems perfect until your employer starts mistreating you, constantly reminding you that your immigration status is in their hands. You feel trapped and unsure of your rights....
Hiring people to help your business grow in Illinois involves many important choices. One key decision is how you classify the workers. You can face severe legal and financial consequences if you misclassify employees as independent contractors. These mistakes can cost your business a lot....
Exit interviews are often a courtesy to departing employees. What many business owners and employers do not realize is that this practice can be part of their business’ legal protection strategy....
A lot of Chicagoland businesses are subjected to allegations of wrongdoing levied at them by disgruntled employees who have been disciplined or let go. When those allegations involve workplace discrimination, the stakes can be especially high....
As an employer in Chicago, Illinois, the decision to lay off an employee on pregnancy leave involves navigating complex legal considerations. Two key laws, the Illinois Human Rights Act and the federal Family and Medical Leave Act, safeguard pregnant employees from discrimination and provide leave r...
A merger and acquisition can benefit two companies that want to form a new entity or one that wants to purchase the other. They can also affect employees who work for the companies, leading to employment law disputes....
Employees in Illinois and elsewhere have certain expectations in the workplace. These expectations are to have their employment rights protected throughout the duration of their employment, and it is up to an employer to ensure this....
Many employees are fired from their companies for reasons that seem unjust. The employer may claim someone is not a “good fit” or give some other vague reason for the termination....
If you work for a company, you know how challenging it can be for everyone to get along. While there is no law that says that co-workers need to be best friends, or even like each other, there are laws intended to prevent the harassment of people in the workplace....
Our state recently passed landmark legislation that will grant all employees in the state the right to take paid leave for any reason....
There are many reasons why employees need a leave from work. Beginning this year, eligible employees in Illinois are entitled to a maximum of two weeks of unpaid leave for bereavement under the state’s Family Bereavement Leave Act. Knowing its requirements can help prevent employment litigation....
Workers in all industries in Illinois and throughout the United States have made their voices heard in seeking more rights and better benefits. This is true whether it is a blue-collar job or a corporate job. One issue that has come to the forefront is paid time off....
Most large employers are familiar with the United States Equal Employment Opportunity Commission. Indeed, for any employer with over 50 employees here in Chicago, Illinois, is likely intimately familiar with the EEOC, and if they are not, a recent story should be a warning to them....
When Google announces layoffs, you know things are bad in the tech sector, but they are just one company. Indeed, it seems that the only big tech firm that has not laid off employees is Apple. However, there is one common thread in the multitude of articles on these layoffs: people on FMLA leave rec...
Most workers are provided with extensive state and federal protections against discrimination and harassment. Any non-compliance with those laws can justify legal action. One subject that receives a lot of attention is the interaction of employment law with the Americans with Disabilities Act. This ...
Running a company in Chicago requires managing more than just producing the product or service. Owners of companies also need to manage their employees. This involves managing their work and ensuring they are completing their work properly and efficiently. However, it also involves managing their re...
Companies in the Chicago area and throughout Illinois have plenty of daily concerns so, when legal concerns rise to the surface, these issues can seem like unwarranted and unwanted distractions. But, no matter how much you want to be part of a legal dispute, taking action to attempt to resolve the i...
At least 45% of full-time American workers spend some time working remotely and approximately 60% of workers cited productivity as one of the major reasons they prefer remote or hybrid work. Telework, which grew substantially since 2020, will likely continue and business will implement fully remote ...
Unpaid wage claims seem to be filed with more frequency lately. These claims can have tremendous ramifications for employers, too. While judgment against you can shake the financial stability of your business, it can also negatively impact your ability to recruit and retain employees. After all, wor...
Almost every employer in the Chicago area will want to have a sexual harassment policy as part of their employment handbook....
Like most other states, Illinois follows what is called the employment at-will doctrine. In practice, the default is that employers in the Chicago area may terminate an employee for any reason or even no reason at all....
Employers in Illinois have a responsibility to create a safe, healthy work environment for their employees. Unfortunately, many employees dread going to work every day due to a hostile work environment created by company owners, managers, supervisors, and other employees. If you are experiencing a h...
Most of our readers would likely be surprised by the idea that U.S. sexual harassment lawsuits often have a significant amount of victim blaming. Indeed, this is true across the entire U.S....
Illinois employees may know that most employment contracts across the country are at-will employments. This means that employers are free to fire anyone and employees are free to resign, without giving any notice. However, those who are contractually hired have to be dismissed according to the contr...
Over the last several years there has been a lot of focus on sexual harassment and employment discrimination in America’s workplaces. The problems are serious and widespread. But not every claim of harassment or discrimination is worthy of legal action. Of course, that doesn’t mean that your company...
Many times when people in Chicago are hired for a new job there are expectations that they will be able to work at the company until they are ready to leave. Not everyone has the choice to leave when they want though. Employers may need to fire or lay off employees for a variety of reasons. This cou...
One of the ways that Chicago businesses find success is through the acquisition and retention of strong employees. It can difficult to build a cohesive and formidable team of workers, but once it is done an entity may function with seamless organization. Getting the right people in the right jobs st...
Managers, executives, and other higher-ups have a responsibility to keep their companies profitable, while maintaining a good reputation in the community. When an employee is failing to meet company standards or negatively impacting the success of a company, employers have a right to terminate that ...
Many social media users post practically everything about their lives including their jobs and their employers. Even though social media posts may be offensive, companies must balance legal requirements, employee rights, public relations and the risk of employment litigation when they respond....
According to the Society for Human Resource Management, the Equal Employment Opportunity Commission regards questions about a job applicant’s national origin with “extreme disfavor.” Therefore, it may be more likely to accept a claim by an applicant who alleges that you tried to de...
What is an unreasonable request to make of an employee? There are typically no hard-and-fast rules on these things short of anything that’s illegal or could be deemed discriminatory....
As a business owner, you are proud that you’ve established a workplace where discrimination and harassment (including sexual harassment) are not tolerated. Your employees at all levels know that it’s unacceptable and that if they report it, they’ll be taken seriously....
If you have a business that has unique practices that give it an edge over competitors, you want to do everything possible to protect those valuable secrets. One tactic you may use is having your employees sign a noncompete agreement....
When a Chicago resident encounters a negative experience or negative individual, they may take proactive steps to avoid it or them so that their future is not impacted by the stress of the resulting experience. This is possible when a person can choose where they will go or who they will be with. Wh...
Not every American employer must conform to the requirements of the Americans with Disabilities Act. Pursuant to Title I of the ADA, only employers that carry at least 15 employees are mandated to conform to the ADA’s terms. That means that some small Illinois businesses may be exempt from the...
In some cultures, older members of the population are considered highly knowledgeable individuals who are revered and honored by those who live with them. They are seen as wise elders who guide the decisions of their communities and offer reflections on the past to help younger generations avoid mak...
As an employee in the state of Illinois, you have certain rights – rights that you can fight for if not provided by your employer. This goes for both hourly and salaried employees. These rights include: overtime pay, minimum wage, vacation and sick leave, protection from discrimination and har...
The Americans with Disabilities Act is a piece of federal legislation that prohibits discrimination in American workplaces based on the disabilities of workers. States like Illinois have adopted their own anti-disability discrimination legislation that govern how certain workplaces may or may not ad...
Victims of sexual harassment who are suffering sexual harassment in the workplace have legal protections they should be familiar with. Sexual harassment does not have to be tolerated in the workplace and victims should know what is considered sexual harassment and what they can do about it....
Before a Chicago resident takes a new job they may be asked to sign an employment contract. That document may cover a whole host of topics ranging from compensation and vacation policies, expected work hours and performance expectations, as well as issues that are specific to the employer or industr...
Wrongful discharge is an important Chicago employment law issue for both employees and employers to be familiar with. It is important for both employees and employers to be familiar with what wrongful discharge is and when it can lead to employment litigation....
As any woman in Illinois and elsewhere can attest, strides for women have been made over the past several decades. And while it has been made known that women have the ability to perform equally to their male counterparts, women are still treated as if this is not the case. Gender discrimination sti...
A workplace can be filled with many dynamics. Each individual employee brings his or her own expertise and personality, while the demands of the workplace can put strains on the interactions and relationships between and among employees. While the workplace is suppose to be a positive and safe envir...
In part due to social changes and awareness brought about by the “me too” movement, places of employment in Illinois and elsewhere are becoming more conscious of certain conduct in the workplace. Sexual harassment and assault are serious allegations to make against an employer or colleag...
Applying for a new job can be stressful. Whether it is for a career change, advancement or just a change in environment, individuals of all backgrounds go through the application process. However, when females are seeking new employment, she may not be properly assessed. In other words, the fact tha...
Applying for a new job can be a complex and overwhelming process. Whether it is for a career change or because one recently lost their current job, completing all the steps in the application process requires one to provide many details about him or herself. One essentially puts him or herself out t...
Finding out that you are pregnant is an exciting time for most women. Despite it being a joyful time, some women decide not to disclose their pregnancy right away. Nonetheless, when a pregnant woman does disclose her pregnancy to her employer, she is expected to have their support when it comes to m...
The workplace is not always a perfect place. There are ups and downs, and some employees may not get along. However, all workplaces should be free from sexual harassment. Unfortunately, some employees and employers fail to uphold these rights by making comments or carrying out certain acts....
Whether you just started a job or have been with the same company your entire adult life, it is important to understand the rights afforded to employees in Illinois and elsewhere. These rights essentially translate to duties imposed upon employers. For example, an employer has the duty to provide a ...
Having a job means typically showing up during the weekdays and putting in 40 hours a week. This is typical for most employees in Illinois and elsewhere; however, there are some reasons to need time off from work. Whether it is planned or unexpected, an employee may request time off for a family or ...
When employees are hired in Illinois and elsewhere, this causes an employee-employer relationship to form. When this occurs, each party owes certain duties to each other. For example, an employee has the duty to fulfill the obligations of their employment contract, and an employer has the duty to pr...
Starting a small business is an exciting endeavor. This experience is likely a person’s dream finally coming true. His or her life savings are going into the business, and all of his or her time and effort goes towards starting and running the business. Because so much is on the line, it is vi...
Overtime payment laws vary significantly by state. To receive overtime benefits, you must reach certain requirements, but you also must lie in the correct line of work for the court to consider you eligible. You may wonder if your Illinois company compensates you fairly....
When we are hired for a job, our intention is to remain in the position until it is no longer a good fit based on the employee’s experience or an employer’s observation of the employee. Until there is a lawful step to end employment, an employee must remain employed. In cases where an em...
Most of us need to find and keep a job, no matter our age or physical capabilities. Unfortunately, a person’s physical abilities are judged against his or her ability to work in certain environments. Living with a disability tends to generate many challenges, making some things very difficult ...
As previously discussed, individuals in the workplace can face mistreatment for unlawful reasons. Specifically, an employee or applicant might be discriminated against based on a protected personal characteristic. This includes traits such as gender, age, race, color, national origin and religion. R...
The workplace is filled with a wide array of individuals. They differ by gender, age, race, national origin, religion and even sexual orientation. Laws protect a diverse work environment as well as allowing a person to not be hired, harassed, terminated or mistreated because of a protected character...
Losing a job is a difficult event to go through. We all need a job to ensure our financial needs are met. However, a loss of a job is not always a person’s fault. In some cases, an employee might be discriminated against. And based on this act of discrimination, an employee has lost their job....
Living with a disability can be challenging. Whether a person was born with a disability or acquired it later in life, a disability can present some obstacles. Nonetheless, a disability does not always mean one cannot do the same things a person without disability can do. While accommodations might ...
Whether you are a small business or a major company, employees are relied on to ensure the business runs smoothly and as it was intended to. Thus, employers are constantly faced with many employment decisions, often involving the hiring, firing and promotion of employees. Although employers and empl...
Whether you were just hired for a new position or were just terminated from a long-term position with a company, it is important to understand the rights afforded to you as an employee. Even as an applicant, certain rights are extended to a person, making it essential to understand what you could do...
Whether you were just hired or have been in the same job for years or even decades, it is likely your intention to remain in your current place of employment. While you might seek to change positions or obtain a promotion, no one expects to lose their job. While it is possible to be fired based on f...
No matter the size of a business in Illinois or elsewhere, employers take the time to consider the needs and rights of their employees. This goes beyond providing benefits and a workspace that is conducive to getting work completed. It also means protecting the health, safety and wellbeing of employ...
When looking at Illinois employer-employee relationships, an employer seeks to hire reliable workers and an employee seeks to maintain their job. However, situations can arise, impacting these relationships. In some cases, an employee might assert a breach of contract, if their employment included a...
Obtaining and maintaining employment is crucial for most Chicago residents. A job ensures financial security and personal wellbeing. Thus, losing a job can be significantly detrimental for individuals in Illinois and elsewhere. While some employees might be rightfully discharged based on his or her ...
Certain life events can make it difficult to work. Whether it is your own health or the health of a family member, it is not unheard of having employees request time off to deal with a new baby, illness or care of an ill family member. The Family and Medical Leave Act was passed as a means to offer ...
Often, companies think that because they have a compliance program in place that will deter and prevent employee misconduct. Unfortunately, that is not the case and policies can inadvertently encourage misconduct when the corporate culture has conflicting incentives....
The board of The Weinstein Company fired Harvey Weinstein after decades of sexual misconduct. While the news signals an important shift in perception and tolerance for sexual harassment, it also raises an interesting legal liability question: where exactly is the line when it comes to a corporation&...
As a business owner or manager, it is likely that you will encounter applicants and employees with disabilities. Whether a disability was present before interviewing or developed during employment, employers in Illinois and elsewhere need to understand what it means to employ an individual with disa...
Successfully navigating the job market has become increasingly difficult in recent years due to the downturn of the economy and the slow recovery that has been taking place. As a result of these economic factors, some businesses are strong-arming potential candidates into signing unfair contractual ...
Employment law disputes often play out like a case of he-said/she-said. It is important to understand that even seemingly insignificant statements can prove crucial to the outcome of litigation. A recent ruling in an FMLA interference lawsuit here in Illinois serves as an example of this reality....
