Deerfield Employment Law Firm

When Should Employers Use Non-Compete Agreements?

Thu, 02 Apr 2026 20:15:00 GMT

When Should Employers Use Non-Compete Agreements?

Non-compete agreements play an important role in protecting business interests, client relationships, and confidential information. However, these agreements must be used thoughtfully and in compliance with Illinois law. Employers who rely on non-compete agreements without careful consideration may face enforcement challenges or legal disputes.

Understanding when employers should use non-compete agreements can help businesses strike the right balance between protection and fairness. At S.T. Legal Group , our Deerfield employment lawyers assist employers in drafting, reviewing, and enforcing non-compete agreements that align with business goals and legal requirements.

Understanding the Purpose of Non-Compete Agreements

Non-compete agreements are contractual provisions that restrict former employees from engaging in competitive business activities for a defined period and within a specific geographic area after leaving employment.

Employers typically use non-compete agreements to:

Protect confidential business information
Preserve client relationships
Prevent unfair competition
Safeguard proprietary strategies and systems

Not every role requires a non-compete. S.T. Legal Group helps employers determine whether a non-compete agreement is appropriate based on the employee’s position and access to sensitive information.

When Employees Have Access to Confidential Information

One of the most appropriate times to use a non-compete agreement is when an employee has access to confidential or proprietary information. This may include:

Customer lists and pricing structures
Marketing strategies and sales plans
Internal systems and methodologies
Financial data and business forecasts

If a departing employee uses this information to compete against the employer, the business may suffer lasting harm. S.T. Legal Group works with Deerfield employers to ensure non-compete agreements clearly define protected information and comply with Illinois law.

When Employees Hold Key Client or Customer Relationships

Employers may consider non-compete agreements for employees who maintain direct relationships with clients, customers, or vendors. Sales representatives, account managers, and executives often fall into this category.

Without contractual restrictions, a former employee may leverage established relationships to divert business. S.T. Legal Group helps employers assess whether a non-compete—or an alternative agreement such as a non-solicitation clause—is appropriate for protecting client goodwill.

During Executive Hiring or Leadership Transitions

Non-compete agreements are commonly used when hiring executives or senior leadership. These individuals often possess detailed knowledge of a company’s operations, strategy, and competitive position.

At S.T. Legal Group , we assist employers in structuring non-compete agreements during executive onboarding or transition periods to ensure they are reasonable in scope, duration, and geographic reach.

In Connection With the Sale of a Business

Non-compete agreements are frequently used in business sales to prevent sellers from immediately competing with the buyer. These agreements help preserve the value of the business and protect the buyer’s investment.

Illinois courts often apply different standards to non-compete agreements related to business sales. S.T. Legal Group helps businesses navigate these distinctions and draft enforceable agreements tied to ownership transfers.

When Alternatives May Not Offer Enough Protection

In some cases, confidentiality or non-solicitation agreements alone may not adequately protect a business. Employers may turn to non-compete agreements when:

Trade secrets are central to operations
Market competition is particularly intense
Employees could easily replicate services elsewhere

S.T. Legal Group evaluates whether a non-compete agreement is necessary or whether a less restrictive alternative may better serve the employer’s goals.

The Importance of Reasonable Limits Under Illinois Law

Illinois law requires non-compete agreements to be reasonable in scope, duration, and geographic area. Overly broad restrictions may be deemed unenforceable.

Employers should avoid:

Excessive time limitations
Unnecessarily large geographic restrictions
Restrictions unrelated to the employee’s role

S.T. Legal Group assists Deerfield employers in drafting non-compete agreements that reflect legitimate business interests while respecting legal boundaries.

Why Legal Guidance Matters When Using Non-Compete Agreements

Improperly drafted non-compete agreements can lead to costly litigation or unenforceable provisions. Legal guidance helps ensure agreements are tailored to the specific business and employee role.

S.T. Legal Group provides employers with:

Clear advice on when non-compete agreements are appropriate
Careful drafting aligned with Illinois law
Strategic enforcement support when disputes arise

Our firm works with employers to protect their interests while minimizing unnecessary legal exposure.

Speak With a Deerfield Employment Lawyer About Non-Compete Agreements

If you are considering implementing or enforcing a non-compete agreement, informed legal guidance can help you move forward with confidence.

�� Call S.T. Legal Group at 224-271-9044 to schedule a consultation with a Deerfield employment lawyer today. Our team is ready to assist employers with non-compete agreements and other employment-related matters.

What Are the Requirements to Receive Unemployment Benefits in Illinois?

Mon, 09 Mar 2026 20:00:29 GMT

What Are the Requirements to Receive Unemployment Benefits in Illinois?

Losing a job can be overwhelming, especially when financial stability is suddenly uncertain. Unemployment benefits are designed to provide temporary income support while individuals search for new work, but qualifying for these benefits in Illinois requires meeting specific criteria. Many workers are surprised to learn that even small mistakes or misunderstandings can lead to delays or denials.

Understanding the requirements to receive unemployment benefits in Illinois is essential. At S.T. Legal Group , our Deerfield unemployment compensation lawyers help workers navigate the process, protect their rights, and respond to denials or employer disputes when they arise.

Overview of Unemployment Benefits in Illinois

Unemployment compensation is administered by the Illinois Department of Employment Security (IDES) . The program provides temporary financial assistance to workers who lose their jobs through no fault of their own and meet eligibility standards set by state law.

While the program is intended as a safety net, eligibility is not automatic. Claimants must satisfy multiple requirements related to work history, job separation, availability for work, and ongoing compliance.

Work History and Earnings Requirements

One of the first eligibility factors IDES reviews is whether the claimant has sufficient work history and earnings during the base period , which typically includes the first four of the last five completed calendar quarters before filing a claim.

To qualify, a worker must:

Have earned a minimum amount in covered employment
Have wages in at least two calendar quarters during the base period
Meet the required earnings threshold set by Illinois law

If there are gaps in employment, independent contractor issues, or disputes about wages, IDES may deny the claim. S.T. Legal Group assists workers in identifying whether their earnings qualify and addressing discrepancies that could affect eligibility.

Job Loss Must Be Through No Fault of Your Own

Illinois unemployment benefits are generally available only to individuals who lose their job through no fault of their own . This includes situations such as:

Layoffs due to lack of work
Business closures
Reductions in force

Claims are often denied when an employer alleges the worker:

Quit voluntarily
Was terminated for misconduct

These determinations are not always accurate or fair. A Deerfield unemployment compensation lawyer at S.T. Legal Group can help challenge an employer’s version of events and present evidence supporting eligibility.

Being Able, Available, and Actively Seeking Work

To receive unemployment benefits, claimants must be:

Physically and mentally able to work
Available to accept suitable employment
Actively seeking new work

Illinois requires claimants to:

Register with the state’s online employment system
Keep detailed records of job search activities
Be willing to accept suitable job offers

Failure to meet job search requirements or provide proper documentation can result in benefit suspension or denial. S.T. Legal Group helps clients understand compliance obligations and avoid errors that could jeopardize their benefits.

Filing an Accurate and Complete Application

Submitting a complete and accurate unemployment application is critical. Errors such as incorrect dates, missing wage information, or inconsistent statements can trigger delays or denials.

Common application issues include:

Incomplete work history
Misstated reason for termination
Incorrect employer information
Missed deadlines

Once a claim is denied, the process becomes more complex. S.T. Legal Group assists workers in correcting mistakes, submitting supporting documentation, and preparing for appeals when necessary.

Responding to Employer Challenges

Employers have the right to challenge unemployment claims, and many do. These challenges often involve allegations that the worker quit voluntarily or engaged in misconduct.

When an employer disputes a claim, IDES may schedule a hearing. At this stage, legal representation can be especially valuable. S.T. Legal Group represents workers during unemployment hearings and appeals, helping present clear arguments and evidence to support eligibility.

A Denial Is Not the End of the Process

Being denied unemployment benefits does not mean the case is over. Illinois law allows claimants to appeal IDES decisions, but strict deadlines apply. Missing a deadline can permanently affect the ability to collect benefits.

A Deerfield unemployment compensation lawyer at S.T. Legal Group can:

Review the denial decision
Identify legal or factual errors
Prepare appeal filings
Represent clients during hearings

Timely legal guidance can significantly improve the chances of a successful outcome.

How S.T. Legal Group Helps With Unemployment Benefit Claims

S.T. Legal Group is committed to helping workers protect their rights during an already stressful time. Our attorneys understand Illinois unemployment law and the procedural requirements involved in claims and appeals.

Clients turn to S.T. Legal Group for:

Guidance during the unemployment application process
Help responding to denials or delays
Representation at unemployment hearings
Clear explanations of rights and responsibilities

We focus on helping clients move forward with confidence and clarity.

Speak With a Deerfield Unemployment Compensation Lawyer Today

If you are unsure whether you meet the requirements to receive unemployment benefits in Illinois—or if your claim has been delayed or denied—legal guidance can help protect your financial stability.

�� Call S.T. Legal Group at 224-271-9044 to schedule a consultation with a Deerfield unemployment compensation lawyer today. We are ready to help you understand your rights and take the next appropriate steps.

When Should You Contact a Deerfield Employment Agreement Review Lawyer?

Thu, 19 Feb 2026 19:34:46 GMT

When Should You Contact a Deerfield Employment Agreement Review Lawyer?

Employment agreements shape the foundation of the working relationship between employers and employees. These documents define compensation, duties, benefits, termination rights, and much more. Unfortunately, many people sign employment agreements without fully understanding the long-term consequences—often leading to disputes, lost income, or restricted career opportunities later on.

Knowing when to contact a Deerfield employment agreement review lawyer can make a critical difference. At S.T. Legal Group , our attorneys work closely with both employers and employees throughout Illinois to ensure employment agreements are fair, enforceable, and aligned with each client’s goals.

Below are key situations where reaching out to a Deerfield employment agreement review lawyer is not just helpful—it’s smart.

Before Signing a New Employment Agreement

One of the most important times to contact an employment agreement review lawyer is before signing a new contract. Employment agreements are often written to protect the employer’s interests, and many provisions may not be negotiable without legal guidance.

S.T. Legal Group reviews employment agreements line by line, helping clients understand:

Compensation structure and bonuses
Job duties and performance expectations
Termination rights and notice requirements
Restrictive covenants, such as non-compete or non-solicitation clauses
Dispute resolution and arbitration provisions

Once an agreement is signed, challenging unfavorable terms becomes far more difficult. Consulting a Deerfield employment agreement review lawyer before signing allows S.T. Legal Group to identify risks and help clients make informed decisions with confidence.

When Negotiating a Job Offer or Promotion

Employment agreements are often negotiable—but many employees don’t realize it. If you’re negotiating a new position, promotion, executive role, or compensation package, contacting S.T. Legal Group can provide clarity and leverage.

Our Deerfield employment agreement review lawyers help clients:

Request fair compensation and benefits
Negotiate severance and termination protections
Address ambiguous or overly broad contract language
Ensure promises made verbally are included in writing

Having a lawyer involved during negotiations sends a clear message that you are serious about protecting your interests. S.T. Legal Group works strategically to help clients secure agreements that reflect their true value.

If You Are an Employer Drafting or Updating Agreements

Employers should also contact a Deerfield employment agreement review lawyer before offering contracts to employees . Poorly drafted agreements can expose businesses to legal disputes, misclassification claims, or regulatory violations.

At S.T. Legal Group, we assist employers by:

Drafting clear, enforceable employment agreements
Ensuring compliance with federal and Illinois employment laws
Addressing employee classification and wage requirements
Reducing the risk of future litigation

Employment laws change, and outdated agreements may no longer offer proper protection. Employers who regularly consult with S.T. Legal Group benefit from well-crafted documents that support long-term business success.

When Employee Classification Is Unclear

Employee classification is a common source of conflict. Whether a worker is full-time, part-time, exempt, non-exempt, an independent contractor, or a consultant directly impacts overtime pay, benefits, and legal obligations.

You should contact a Deerfield employment agreement review lawyer if:

You’re unsure how an employee should be classified
Your agreement involves independent contractors or consultants
Overtime eligibility is unclear
Apprentices, trainees, or temporary workers are involved

S.T. Legal Group routinely reviews and prepares agreements that reflect proper classification under the Fair Labor Standards Act (FLSA) and Illinois law, helping both employers and employees avoid costly disputes.

If You’re Facing an Employment Dispute

Employment agreements often come under scrutiny during disputes involving termination, compensation, or workplace conflicts. If you believe an agreement has been violated—or you are accused of violating one—it’s time to contact S.T. Legal Group immediately.

Our Deerfield employment agreement review lawyers assist clients by:

Interpreting contract terms during disputes
Identifying enforceable and unenforceable provisions
Pursuing negotiation, mediation, or litigation when needed
Protecting client interests inside and outside the courtroom

Having a law firm that understands how employment agreements function in real-world disputes can be the difference between a swift resolution and a prolonged legal battle.

When Leaving a Job or Planning a Career Move

Before resigning or accepting a competing position, reviewing your existing employment agreement is essential. Many agreements include clauses that may restrict future employment opportunities or impose penalties after termination.

S.T. Legal Group helps clients evaluate:

Non-compete and non-solicitation clauses
Confidentiality obligations
Post-employment restrictions
Severance and final compensation rights

Contacting a Deerfield employment agreement review lawyer before making a career move helps prevent unintended violations and protects your professional future.

Why Choose S.T. Legal Group in Deerfield?

S.T. Legal Group has built a strong reputation for being thorough, strategic, and client-focused. Our attorneys take the time to understand each client’s unique situation, whether representing employees or employers.

Clients choose S.T. Legal Group because:

We provide clear, practical guidance
We draft and review agreements with precision
We are prepared to handle negotiations and disputes
We prioritize protecting each client’s rights and interests

From initial review to dispute resolution, S.T. Legal Group is committed to helping clients navigate employment agreements with confidence.

Schedule a Consultation With a Deerfield Employment Agreement Review Lawyer

If you are signing, negotiating, enforcing, or questioning an employment agreement, now is the right time to speak with a lawyer. The sooner potential issues are identified, the more options you have.

�� Call S.T. Legal Group at 224-271-9044 to schedule a consultation with a Deerfield employment agreement review lawyer today. Protect your rights, your career, and your future with guidance you can trust.

Legal Considerations To Keep in Mind During Your Job Search in Illinois

Thu, 31 Jul 2025 16:22:00 GMT

As employment lawyers, we want you to fully appreciate that job interviews are not a forum for personal questions. It is against the law for an employer to ask about your age, race, religion, health, or family planning on applications or in interviews. If a hiring manager asks whether you are married, pregnant, or have a disability, they are crossing a legal line.

The Illinois Human Rights Act states that employers cannot use protected characteristics to make hiring decisions. That includes gender identity, national origin, and citizenship status. Yet these questions still arise. If this happens, you can file a complaint with the Illinois Department of Human Rights.

Below, we advise on some legal considerations to keep in mind during your job search in Illinois. Additionally, our attorneys at S.T. Legal Group help people hold employers accountable when hiring practices overreach. You have the right to get a job without first avoiding illegal questions.

Background Checks Are Not a Free Pass To Refuse a Hire

State law puts limits on how deeply employers can delve into your background. They cannot ask about arrests that did not lead to convictions, nor can they see sealed or expunged records. The Job Opportunities for Qualified Applicants Act stops employers from running a background check before making a conditional offer.

Once an offer is made, an employer can review your criminal history, but the law requires them to consider the nature of any offenses committed, the time passed, and how it relates to the job. Blanket rejections based on a criminal record are not allowed.

If a company uses your past against you unfairly, it can be challenged by S.T. Legal Group on your behalf. Pushing back when a criminal record search is used inappropriately during your job search is your legal right, and our Illinois workplace discrimination lawyers could help.

Enforcing the Ban on Noncompete Clauses

Noncompete clauses used to be included in almost every offer letter, no matter the role or salary. That is changing fast throughout the state. The Illinois Freedom to Work Act bans noncompete agreements for workers earning less than $75,000.00 per year.

Even above that income level, the agreement must be reasonable in time, scope, and location. It must also protect a legitimate business interest and not be overly vague or broad. If you are unsure what is considered reasonable in this context, S.T. Legal Group offers Illinois employment agreement reviews and could clarify the terms for you.

Watch Out for Forced Mediation or Arbitration Clauses

Forced alternate dispute resolution clauses are often buried in job offers or onboarding fine print, hidden in legal jargon. What they do is block you from exercising your right to sue your employer in court if something goes wrong.

Instead of having your day in court, you are pushed into a private process run by a third party. There is no judge, no jury, and usually no public record. In some mediation sessions, you cannot even have a lawyer present. Additionally, in court, you can expect to be awarded attorney’s fees if you win, but not always in mediation or arbitration. All of this benefits employers and chips away at your rights. These clauses are technically allowed but not always enforceable.

S.T. Legal Group has helped people challenge arbitration agreements that were not properly explained. Silence can cost you. When in doubt, ask someone with professional knowledge of these legal clauses, like one of our Illinois employment attorneys.

How Should You Handle Retaliation Before You Even Get the Job?

Unfortunately, retaliation is not just something that happens after you get hired, it can start during the job search. If you report discrimination, ask about accommodations, or push back on illegal questions, some employers might disengage from you, say they are no longer hiring for that position, or pull the offer.

That conduct is illegal in Illinois, and the law protects people who assert their legal rights at any stage of the hiring or work process. You are allowed to speak up without losing your chance at the job. S.T. Legal Group helps people document and report this kind of retaliation.

Talk to Our Illinois Attorneys About Legal Factors To Consider During a Job Search

There are many legal considerations to keep in mind during your job search in Illinois. Before you say yes to a job, make sure the offer is legal, fair, and honest. Your future deserves more than tricky fine print and false promises. Contact an employment lawyer at S.T. Legal Group today.

The post Legal Considerations To Keep in Mind During Your Job Search in Illinois appeared first on Deerfield Employment Law Firm .

How To Vet a Potential Employer Before Accepting an Offer

Thu, 31 Jul 2025 16:13:00 GMT

Plenty of people agree to an offer from a potential employer too fast, only to regret it soon after. Serious issues, such as toxic work culture and inadequate company leadership, can often be identified with proper vetting before it is too late. Before you sign anything, ask questions and do research, because your future depends on it.

As employment lawyers, we at S.T. Legal Group recommend doing due diligence and contacting us if anything seems off. The following is information our attorneys recommend on how to vet a potential employer before accepting an offer.

Look Past the Perks

The ping-pong table in the break room might look cool, but it is not a replacement for a healthy workplace culture. Perks are easy to flaunt. They are Instagrammable, but they are also the first thing to go when budgets tighten.

You need to ask, “Are these perks masking deeper issues, such as burnout or toxic management?” Arcade games and free snacks will not fix chronic micromanagement or unpaid overtime. Companies sometimes overcompensate with flashy benefits to distract from poor leadership or chaotic workflows.

At S.T. Legal Group, we advise clients to treat culture fit not as a buzzword but as a vital metric. If the potential employer talks more about free snacks or casual Fridays than mentorship or career growth, that is your cue to further evaluate their offer.

Ask the Right Questions in the Interview

You need to determine if an employer deserves your time, energy, and talent when you consider accepting an offer. Ask about how performance is measured, how conflict is handled, and why the role is open. A company that stumbles on those answers might be hiding problems behind a polished pitch.

Pay attention to hiring questions. Some things are illegal to ask and should be immediate deal-breakers. They cannot ask if you are pregnant, planning a family, what your religion is, or if you have a disability. The Illinois Human Rights Act protects job applicants from invasive or discriminatory questions. If you hear anything like this, not only should you make a polite escape, but you might consider reporting the incident.

You can file a complaint with the Illinois Department of Human Rights or with the federal Equal Employment Opportunity Commission. Our employment lawyers have experience helping people who were asked illegal interview questions or passed over unfairly. Discrimination in hiring is against the law. Call us or email for clarification if you are ever unsure whether a question crossed the line.

Where and How To Research the Company

Before you accept a potential employer’s offer, screen them, and then look deeper. Start with Glassdoor and Indeed reviews and look for patterns. Are people mentioning the same issues, such as burnout or favoritism? A one-star rant might be bitterness, while five-star love letters might be planted. The truth usually lives somewhere in between. While three and a half to four stars out of five might seem low compared to Google or Yelp reviews, that is a fairly standard Glassdoor or Indeed rating.

Search LinkedIn and Reddit for unfiltered takes. Likewise, searching the executives on social media might provide context and clarification. Leadership style shows up in more than just memos. Additionally, some green flags on the company’s own social media pages are employees chiming in and the company responding to both positive and negative comments. On the other hand, it is telling if the company has turned off comments. What a company allows or deletes says a lot about its tolerance for transparency.

Check the company’s Better Business Bureau listing as well. As employment lawyers, we also suggest googling the company name with keywords such as “lawsuit,” “scandal,” or “settlement.”

What Are Your Legal Rights Before Signing?

Before you accept the job offer, review everything from your potential employer. Some companies slip in noncompete clauses, mandatory arbitration agreements, or vague confidentiality language that can have consequences for you.

If something feels like a red flag in your offer letter or employment contract, it can be a legal gray area or worse. Pay attention to what is written about severance, notice periods, intellectual property, and restrictive covenants. If the company suddenly gets evasive when you ask for clarification, it might be time to have a lawyer review your contract before signing.

Call Our Attorneys For Help Reviewing a New Job Offer

S.T. Legal Group has seen people stuck in a legal predicament in their new job because they did not fully understand what they were signing. Always have a good idea of how to vet a potential employer before accepting an offer.

When in doubt, get an employer or contract vetted by an employment attorney. To get started, contact us now to set up an appointment.

The post How To Vet a Potential Employer Before Accepting an Offer appeared first on Deerfield Employment Law Firm .

Common Misconceptions About Wrongful Termination in the Workplace

Thu, 10 Jul 2025 19:47:00 GMT

Losing your job can be incredibly stressful, especially if you believe the reason you were let go was for an unfair reason. In Illinois, the employment-at-will doctrine allows employers to terminate employees at any time, for any reason, and without warning. This means that employees can also quit at any time for any reason. However, the reason has to not violate a law or a written contract.

When people are let go from their jobs without any explanation or feedback, they are understandably upset. While being fired after years of loyal service or being replaced by someone with a personal connection to management may feel wrong, it is important to recognize the common misconception that all unfair firings are illegal. Speak with our team today to learn more about common misconceptions about wrongful termination in the workplace.

What Qualifies As Wrongful Termination?

Many people are unaware of what qualifies as unlawful termination. Wrongful termination is when an employer fires an employee for an illegal reason or because they are in violation of their contract. One major category is discrimination, which may include being fired based on characteristics, including:

Age
Race
Color
Gender
Religion
Sexual orientation

Laws put into place, such as the American Disability Act (ADA) and the Age Discrimination in Employment Act (ADEA) , protect the positions of individuals with disabilities and individuals aged forty and older in the workplace.

Retaliation is another form of unlawful termination that occurs when negative action is taken against an employee for reporting illegal behavior or exposing discrimination or harassment in the workplace. Whistleblower and Occupational Safety and Health Administration (OSHA) laws are designed to protect individuals who report illegal or unethical activities to ensure that people can come forward with concerns in the workplace without the fear of negative consequences.

A breach of public policy occurs when actions violate fundamental principles or go against public interest. Employees are protected by law, ensuring that they can not be terminated for refusing to participate in illegal activities. This also goes for fulfilling their civic duties, such as serving on a jury.

Wrongful vs. Not Wrongful Termination

The line of what counts and does not count as unjust termination can become blurry. By recognizing the scenarios below, we can understand the difference.

Jane, a fifty-five-year-old employee with over thirty years at the company, was fired and was replaced by a younger, less experienced worker. This example qualifies as wrongful termination based on age discrimination, violating the ADEA.
Michael repeatedly missed project deadlines and received several written warnings. He was eventually fired. This example is not a wrongful termination because it does not violate any legal protections.

If you have been terminated for unwarranted reasons, make sure to act quickly, as there are deadlines in the state of Illinois for filing claims.

What To Do After Being Wrongfully Terminated?

Experiencing unfair treatment at work can be challenging. If you suspect this situation has happened to you, taking these steps early on could help make a difference in your case:

Document everything – Collecting employee handbooks, HR communications, messages with supervisors, and performance reviews could help contradict any false claims
File a complaint with the Equal Employment Opportunity Commission (EEOC) – This agency works to mediate discrimination complaints before investigation. If it is unsuccessful, a lawsuit could be filed against your employer.
Seek legal advice – A lawyer could help you understand your rights and guide you through the process after a report has been filed.

In situations like these, our knowledgeable employment law attorneys at S.T. Legal Group may be able to help.

Contact S.T Legal Group Today To Discuss a Wrongful Termination Case

If you were wrongfully fired from your job, you may be wondering what to do next and if you have any legal recourse available. To speak with an experienced employment lawyer, please contact our office today to schedule a consultation.

The post Common Misconceptions About Wrongful Termination in the Workplace appeared first on Deerfield Employment Law Firm .

What Qualifies as Wrongful Termination?

Thu, 10 Jul 2025 19:44:00 GMT

If you recently lost your job through no fault of your own, you may want to consider filing a wrongful termination suit. Because Illinois is an at-will employment state, understanding if you have legal grounds for a winning case could be confusing.

If your employer fires you for an unlawful reason, it is more than unfair, it is illegal. Whether your employer violated the state’s discrimination laws or breached your employment contract, you do not have to deal with this situation alone. Keep reading to learn what qualifies as wrongful termination and how our team of attorneys at S.T. Legal Group could help.

Discrimination Against Protected Classes

Discrimination is a common basis for many wrongful termination cases . Employers cannot fire an employee based on any federally protected factors, including, but not limited to:

Age
Race
Gender
Religion
Marital status

Laws such as Title VII of the Civil Rights Act of 1964 , the Age Discrimination in Employment Act of 1967 , and the Americans with Disabilities Act of 1990 protect employees and prohibit companies from discriminating against individuals based on certain factors. Illinois state law goes beyond the federally protected classes and also safeguards employees based on arrest record, language, and ancestry.

Employer Retaliation

Terminating an employee in a retaliatory manner is unlawful. For example, if you filed a workers’ compensation claim, reported sexual harassment at work , or participated in an investigation of the company’s safety violations, and your employer fired you as a consequence, you may have a case for wrongful termination.

In Illinois, a company cannot fire its workers for taking time off work for legally protected reasons. These reasons may include situations such as voting, jury duty, and military service.

Breach of Contract and Public Policy

If your employer violates the terms of an enforceable employment contract or fails to follow the company’s implied policies regarding termination, the courts may consider this a qualifying circumstance. Legally, your company must honor its contractual obligations before it lets you go.

Another situation that may qualify as wrongful termination is if your manager fires you for refusing to participate in illegal activities or for reporting those activities to authorities. Firing you under these circumstances could subject the business to serious legal ramifications. In addition to potential financial penalties, the courts may order your employer to pay your damages, such as back pay, legal fees, and emotional distress.

Reach Out to a Wrongful Termination Attorney Today

There are exceptions to Illinois’s at-will employment laws that could protect you from wrongful termination. Our experienced team could help you understand your rights and clarify what qualifies as wrongful termination.

S.T. Legal Group is a leading employment law practice that serves clients throughout the state. Let us review your case and discuss your legal options before the statute of limitations expires. Reach out to us today to set up a consultation.

The post What Qualifies as Wrongful Termination? appeared first on Deerfield Employment Law Firm .

What You Need to Know About Non-Compete Agreements in Illinois?

Thu, 10 Jul 2025 19:41:00 GMT

Knowing the specifics of non-compete agreements typically takes time and experience. This type of employment contract is enforceable as long as its terms are reasonable and intended to protect a genuine business interest.

Keep reading to discover what you need to know about non-compete agreements in Illinois and how our attorneys at S.T. Legal Group could protect your interests.

Key Components of Non-Compete Agreements

In Illinois, a non-compete agreement must meet several factors to be enforceable. For example, the contract should protect a legitimate business interest, such as the company’s trade secrets and client list. The terms should also be reasonable in scope and duration. Therefore, if the language is too broad or the duration is too long, the court may deem it unreasonable.

The geographic area specified in the contract also matters. If the agreement extends beyond the area where the company typically conducts business, it may not be enforceable. Another factor you should know about these agreements is that in exchange for signing the contract, an employee should expect to receive something valuable, such as a promise of continued employment. Additionally, the terms cannot limit an individual’s right to work in their chosen industry or profession.

Freedom to Work Act

The Illinois Freedom to Work Act relates to non-compete agreements. The Act prohibits companies from asking employees who earn less than the established salary to sign non-compete agreements. In 2025, this threshold is $75,000.00 annually.

The Act also prohibits non-compete agreements for construction workers and for those whose employers have laid them off or furloughed them because of certain circumstances, such as COVID-19. The exception to this restriction is if the worker was fully compensated at their normal rate during the layoff.

Additional Legal Considerations of a Non-Compete Agreement

As an employee, your company must give you written notice that it intends to enter into a non-compete agreement with you. The business must also give you 14 days to consult with your attorney before requiring you to sign the contract.

Illinois courts may also consider other factors, such as your role as an employee and your involvement in the company’s customer relationships, when deciding on the validity of your employment contract. However, in certain industries, such as broadcasting, employers cannot require staff to sign a non-compete agreement post-employment unless the individual breached their contract.

Speak With an Experienced Attorney About Non-Compete Agreements

Now that you have a basic understanding of what you need to know about non-compete agreements in Illinois, contact our knowledgeable attorneys at S.T. Legal Group. We serve clients across the state and could help you interpret your employment agreements. If you believe that your company’s non-compete agreement is unreasonable or otherwise unenforceable, do not wait to meet with us. Call now to schedule a 90-minute consultation with our team.

The post What You Need to Know About Non-Compete Agreements in Illinois? appeared first on Deerfield Employment Law Firm .

Important Questions To Ask When Job Searching or Starting a New Job in Illinois

Thu, 10 Jul 2025 19:38:00 GMT

Job searching or starting a new job comes with a unique set of challenges. You want to present yourself well during your interview and the first few weeks at work. Asking the right questions could help you stand out from other candidates while ensuring that the job and your prospective employer are a good fit for you.

From understanding the expectations of the role to confirming a future of growth opportunities from within, there is a lot you can learn with a few well-thought-out queries. In this article, we will discuss important questions to ask when job searching or starting a new job in Illinois.

Focus On the Position

Many important questions to ask when job searching focus on the role you are applying for. You want to understand your supervisor’s expectations while identifying the company’s metrics for success. These questions demonstrate your interest in the role and help you determine if the position aligns with your overall career goals.

You should also consider the legal implications. For example, if a job description is unclear, ask whether your responsibilities will be outlined in your contract or offer letter.

Plan how to find out information such as what your day-to-day responsibilities would be, what your priorities for this position in the next 30, 60, and 90 days would be, and what challenges you might face if you accept the job.

Learn About the Company’s Culture

Interview questions about a company’s culture aim to assess your fit with the organization’s values, work style, and overall environment. Important questions that delve into principles surrounding teamwork, communication, conflict resolution, and how these values translate into the employer’s daily operations might include:

How would you describe the company’s work environment?
What core values make the business’s culture special?
How does the company handle internal conflict?
Do you see the culture evolving in the next three to five years, and how?

If you are concerned about company culture, ask whether there are internal reporting procedures for resolving conflicts.

Inquire About Future Opportunities

Understanding potential growth opportunities is important when you are job searching or starting a new job in Illinois. You should find out whether you have a future within the organization before you accept an offer. That is why we suggest focusing on questions that explore the company’s commitment to employee training programs and promotion opportunities that support your objectives long term.

For example, you could ask if the company supports professional development through training, mentorship, or tuition reimbursement; if there are opportunities for promotions from within; and what obstacles might prevent you from reaching your full potential with the company.

Consult Our Team About Important Questions To Ask During Your Job Search in Illinois

Now that you know a few important questions to ask when job searching or starting a new job in Illinois, we wish you all the best in your pursuit. Before you sign any employment agreement, reach out to our firm for assistance.

Our team at S.T. Legal Group could help you review common contracts, such as a non-compete agreement, to ensure it is fair and that you understand its implications. In the event of a future dispute, we could help you, no matter where you work in the state. Contact us today.

The post Important Questions To Ask When Job Searching or Starting a New Job in Illinois appeared first on Deerfield Employment Law Firm .

Employment Issues for Pharmaceutical Employees in Lake County, Illinois

Wed, 03 Jul 2024 10:38:00 GMT

As we all wend our way through this difficult period, employment issues and disputes arise for both employers and their employees in a number of fields, especially in the pharmaceutical industry. Pharmaceutical employees and employers in Lake County, Illinois are dealing with a number of complex problems relative to employment law and many are happy to have the excellent legal skills of ST Legal Group at their disposal.

Lead attorney Diana Servos is uniquely qualified to serve the needs of pharmaceutical proprietors or staff members, having worked successfully with both. She has an in-depth understanding of their varying perspectives on the risks and difficult decisions that impact them, their careers, and their families.

What ST Legal Can Offer Pharmaceutical Employees That Other Employment Law Firms Cannot

Diana Servos’s impressive credentials and strong skill set give her an edge when it comes to serving the pharmaceutical community of Lake County, a community that is being hard hit by the repercussions of the COVID pandemic and the political unrest that is also sweeping the world.

Diana is more than an excellent employment attorney; she is a caring individual who will provide you with the personal attention and respect you deserve. Because she runs a small practice and works with both employers and employees, she is an agile negotiator and a strategic litigator.

Whether you are an employer who feels caught between a rock and a hard place or an employee who feels that you are being treated unfairly, getting in touch with Diana is a wise step toward resolution and peace of mind.

Lake County Pharmaceutical Employment Issues that Employees Face

Though the following issues affect workers, managers, and CEOs throughout Illinois and the country, they are particularly intense in Lake County because we house so many pharmaceutical companies. These issues include:

COVID-19 Vaccination Requirements for Employment

The question hanging over vaccination requirements at places of business is: Can an employer demand that employees be vaccinated against COVID-19? Though you may be surprised to hear it, the answer is generally Yes.

Because Illinois, like most other states, is an “at-will” employment state, employers can terminate their employees for any reason, except one that violates anti-discrimination laws. This is especially true in healthcare companies in which unvaccinated employees may put patients or customers at increased risk. Nonetheless, there may be conflicts with religious beliefs or individual health care concerns if, for example, the employee:

Is immuno-suppressed by disease or medical treatments
Is a member of a religion that doesn’t allow vaccination
Has had a severe negative reaction to a past vaccination
Is disabled and will not be able to deal safely with any vaccination side effects

If these facts can be proven, the employer must make reasonable accommodations, such as requiring the employee to work in an isolated area, wear a mask, or maintain a safe distance from other staff members.

As you can probably guess, this is where the situation becomes complicated, requiring intervention by a professional with a clear understanding of legal nuance. Diana Servos is up to the task, aware of judicial decisions on which exceptions may be based.

Why Many Employers Do Not Want to Require Vaccinations of Their Employees

Although legally entitled to do so, a good number of employers (in healthcare companies as well as in unrelated industries) are reluctant to demand that their staff be vaccinated. Because all ramifications of vaccinations cannot be determined until more time passes, employers may be wary of mandating the shots.

Even the slimmest chance that the decision may backfire, resulting in costly future lawsuits, is enough to discourage many employers from taking the financial risk. Besides, we have all seen medical messaging, even from the CDC and WHO, change course in recent months.

Insistence that Pharmaceutical Employees Return to Their Workplaces Instead of Working Remotely

From its headquarters in North Chicago, global drug company AbbVie has told employees that their physical presence at the office is a “critical part” of the enterprise. Several employees, however, reported that they felt unsafe, pressured to return to a possibly dangerous commute or hazardous workplace.

Discrimination

Clearly, because many state and federal laws forbid employment discrimination , employers must be able to substantiate that any decisions they make regarding disbursement or denial of benefits and bonuses, promotions or demotions, hiring or firing cannot be based on any discriminatory classifications, such as:

Race
Color
Age (40 or over)
National origin or ancestry
Religion
Gender
Sexual orientation or identity
Pregnancy, childbirth, nursing status
Physical or mental disability

Many of these classifications and how they will affect vaccination status are not as clear-cut as one might hope. For example, suppose a pregnant woman fears that receiving the COVID-19 vaccination will make a difficult pregnancy even more problematic or an employee of color feels he is being singled out to provide proof of vaccination.

Complicating things further is the fact that the EEOC states that if the employer can prove that an unvaccinated employee poses a “direct threat” to the workplace, accommodations must be made — e.g. letting the employee take a leave of absence or continue to work remotely.

Severance Agreements

At ST Legal, we recommend that our clients be proactive. When so much is in flux, it’s a good idea to have us review any employment agreements, particularly severance agreements that are now in force or that they plan to sign in the future.

Whether you are an employee who lost a job during the pandemic or an employer who had to lay off employees or close up shop, Diana Servos can help you sort things out. Whether you are starting a new job or business or firing up after a year of turmoil, it’s important to verify that severance pay, benefits, non-compete clauses, etc. are all as you want them to be.

Disciplinary Actions

Whichever end of a disciplinary action you’re on, you may be uncomfortable. If you are an employee, you may feel that the discipline is too punitive, undeserved, or evidence of discrimination. If you are an employer, you may feel that you are being too strict, too lenient, or you may simply be ill-at-ease having to take an authoritative role.

Though it is also possible that you feel just fine and there is no dispute involved, if there is any problem involving disciplinary actions at the workplace, Diana Servos is here to help. Discipline in regard to violations of COVID-19 regulations are especially tricky, so it’s smart to turn to a professional to iron things out.

Contact ST Legal for Any Employment Issues, Pharmaceutical or Otherwise

Whether you are an employer or an employee, Diana Servos is on your side. She will pay close attention to gain insight into your perspective and is always available to help you resolve employment issues, in or out of the courtroom. Contact us today .

The post Employment Issues for Pharmaceutical Employees in Lake County, Illinois appeared first on Deerfield Employment Law Firm .

Employment Agreement Review in Lake County, Illinois

Wed, 03 Jul 2024 10:33:00 GMT

S.T. Legal Group , an accomplished employment law practice, provides valuable counsel and strong representation to employers and employees throughout Lake County, Illinois. One of the basic services our principal attorney, Diana Servos, provides is the preparation of employment agreements. If you have any questions regarding how to prepare an employment agreement or would like our Lake County employment law attorney to review your agreement, contact us today to get started.

Lake County, one of the collar counties of Chicago is well-named since it is prized for the beauty and recreational opportunities of bordering Lake Michigan and being home to a total of 1,000 lakes. What those who live in other parts of the country may not know is that Lake County is also a thriving business community requiring the refined legal skills of our firm.

Creating employment agreements is a serious undertaking. Such documents must be very carefully worded by an attorney who is familiar with federal and state employment laws if they are to serve the purpose of being succinct as well as inclusive and legally binding.

Overview of a Lake County Employment Agreement

Employment agreements establish the terms and conditions of employment for both parties at the time of hire, including:

Duties and responsibilities of the employee
Salary and hours, potential bonuses
Grounds for discipline and termination
Severance pay and benefits
Times and length of breaks for lunch and other purposes
Days off: holidays, sick days, vacation days, family leave, personal days

If you are an employer, having an employment lawyer craft your employment agreement is essential to make certain that you have covered all the bases and that you are up-to-date on recent employment legislation. If you are an employee, you should have an employment attorney look over the agreement so that you do not, in your enthusiasm at getting a new job, neglect to notice terms that are not in your best interests.

Understanding a Lake County Nondisclosure Agreement (NDA)/Confidentiality Agreement

Employers may also ask new hires to sign nondisclosure agreements (NDAs). The purpose of such documents is to protect businesses from having confidential information — e.g. trade secrets, new products, innovative technological advances, and client lists — from being leaked to actual or potential competitors. For the most part, of course, employers keep this type of sensitive information to themselves or only trust it to those in top-tier positions.

Most of the time, confidentiality agreements are considered to be in force even after an employee leaves the company. They typically have a duration of 2 to 5 years. Employees should always consult with a sharp employment attorney to make certain they are not putting themselves in jeopardy by signing such an agreement.

Noncompete Agreements

At S.T. Legal Group, we have seen an uptick in calls for noncompete agreements during the COVID-19 pandemic. As we are all aware, during the health crisis, many people left jobs they felt put them at elevated risk. Many others were laid off when their employers’ businesses floundered or collapsed.

Noncompete agreements are designed to protect employers from increased competition that will result if a former employee goes to work for a direct competitor or starts a competing business nearby. Such an employee, disgruntled or just eager to succeed, is likely to bring valuable information to the new workplace, giving the new employer an edge. Noncompete agreements usually cover a 2-to 3-year period.

There are several reasons you need the protection of legal counsel before presenting or signing a noncompete agreement. If you are the employer, you have to be sure that the document properly safeguards your business interests so the employee who leaves does erode your position in the community. If you are an employee, you want to be sure that the noncompete agreement leaves you sufficient leeway, in terms of geographic area and time limits, to earn a living using the skills you have mastered.

Though employees cannot be forced to sign noncompete agreements, doing so is usually in their best interests since it leaves them on good terms with their former employer. It may also encourage employees to explore job opportunities outside their comfort zone and learn new, desirable skills.

In order to be considered legally binding, non-compete agreements must meet the following criteria:

Be reasonable in terms of the time period and geographical area they cover
Protect a legitimate business interest of the employer
Provide the employee with a valid consideration (benefit) for complying

Most courts will not allow a noncompete agreement to prevent an employee from working in any geographical area in which the employer does not yet do business. In addition, it should be noted that Illinois law does not allow noncompete agreements to be used for low-wage employees, i.e. employees earning less than $13 per hour.

Severance Agreements

When employees part ways with their employers, a severance agreement is often signed. For the employee, this delineates the amount of severance pay that will be paid and whether or for how long benefits may continue; for the employer, the severance agreement ensures that the employee will not sue the company for any other reason, nor say or post criticisms of the employer (though this clause is not easily enforceable).

Diana Servos frequently provides legal counsel to employers or employees who are in the process of severing a long-term relationship. As is common with employment documents, there may be a hidden hazard in signing a severance agreement that only a legal professional foresees. If you are the employee, for example, you may have a valid legal claim worth more than the offered severance package, in which case Diana can use that claim as leverage to negotiate a higher severance amount.

You should be aware that employees 40 years or older have special protection under the Older Workers Benefit Protection Act, an amendment to the Age Discrimination in Employment Act, that requires your employer to give you at least 21 days (under some circumstances 45 days) to consider signing the Severance Agreement.

Contact Our Lake County Employment Agreement Attorney Today

Employment agreements, though they seem straightforward, can be tricky to navigate if legalese is not your native tongue. Whether you are an employer or an employee, consulting with our Lake County employment agreement lawyer will protect you from casually signing an employment agreement that puts you in harm’s way. Call us today !

The post Employment Agreement Review in Lake County, Illinois appeared first on Deerfield Employment Law Firm .

Understanding Non-Compete Agreements: Legal Implications and Employee Rights

Sun, 07 Apr 2024 13:48:00 GMT

What Are the Legal Implications of Non-Compete Agreements?

Non-compete agreements are a form of restrictive covenant for employment in Illinois. Like other restrictive covenants, non-compete agreements are facing increased pushback from worker advocates and state government . New laws have been implemented to look after employees’ legal rights and somewhat limit the power of an employer’s non-compete agreement contract. Because of this, many existing non-compete agreements may need revision, and future non-competes need to ensure that they meet the legal requirements for compliance in order to be enforceable under the law.

A non-compete clause is meant to prevent employees from leaving a company and drawing business away from their former employer. Non-compete clauses may prevent former employees from going to work for a direct competitor, opening a new business by using the information learned from the former employer, using marketing tools taught by the former employers, and using other systems learned while under the employee of the former employer.

Non-compete agreements are useful for employers looking to limit the damage that a former employee could potentially do to their business. Non-compete agreements are not as well-liked by employees, however, who believe that they limit their employment possibilities into the future.

Are Prospective Employees Required to Sign Non-Compete Agreements?

No, prospective employees are not required to sign non-compete agreements. However, not signing the clause may end up costing you your potential job offer.

In some cases, it may be possible to negotiate with employers and argue against the need for non-compete agreements or otherwise alter those agreements to suit you better. However, this is not always possible. If signing the non-compete agreement is paramount to the employer, then not signing it may result in you not getting the job. Whether this is legal depends upon the facts of your case and the reasonableness of the proposed restrictive covenant.

Can Workers Be Asked to Sign Non-Competes After They’ve Been Hired?

It is legal for employers to ask already hired employees to sign new restrictive covenants after they have been hired.

You may be asked to sign a non-compete agreement even after you get the job. Whether it is legal to take adverse action against you for refusal to sign the agreement is another matter. If your employer threatens your job because you are apprehensive about signing the non-compete clause, don’t hesitate to get in touch with our law firm for legal guidance.

Is Two Years of Employment Required for a Non-Compete Agreement to Be Enforceable?

According to the Illinois Freedom to Work Act, an employee must have worked for their employer for at least two years after signing the non-compete contract for it to be enforceable.

Alternatively, the employer could otherwise provide ‘adequate consideration’ to make signing the non-compete agreement worthwhile. Under the law, provided the employer did not pay additional consideration beyond at-will employment, an Illinois worker could theoretically work for one year and 364 days without violating their non-compete agreement.

What is Considered a Reasonable Geographic Scope?

It depends. Courts tend to consider many factors in relation to one another when deciding what is ‘reasonable’ geographic scope.

If the geographic scope is broad (the entire state, for example), the restrictive covenant is more likely to be enforceable if the duration of the non-compete agreement is short. If the geographic scope is broad and the clause is meant to exist for a long time, courts may deem the contract unenforceable.

What is a Reasonable Duration for Non-Compete Agreements?

The length of time for a non-compete agreement will be reviewed on a case-by-case basis. Often, like the geographic scope, these matters are considered in conjunction with one another.

In general, a non-compete agreement is designed to protect valuable info for as long as that information has value to the company. Lifetime bans on sharing unique business information are not unheard of.

Do Non-Compete Clauses Require Considerations?

In certain situations, an employer may pay their employees extra money (consideration) in return for the employee signing the non-compete clause. However, this is not required in all cases.

When Illinois employers do provide consideration to their workers, their non-compete agreements may be more solid and enforceable.

What if a Signed Non-Compete Agreement Prevents a Worker from Making a Living?

Illinois courts are reluctant to enforce non-compete clauses that prevent workers from finding any employment. These contracts may be considered too broad and too restrictive.

What Could Be the Consequences of Violating a Non-Compete Clause?

Sometimes, employers will do nothing when a former employee violates their non-compete agreement. However, it is wise not to count on this level of forgiveness.

Businesses have the legal right to sue and take former employees to court for violating their restrictive covenants. Because a violation of a restrictive covenant can cause harm to the employer, courts will often expedite procedures in these types of cases. If your former employer requests an injunction or a restraining order against you, it may be only a matter of days before you have a hearing scheduled before a judge.

Should You Speak with an Employment Lawyer Before Signing a Non-Compete Agreement?

It is highly advisable for anyone faced with the prospect of signing non-compete agreements to consider first consulting with legal professionals experienced in Illinois business and employment law.

Our law firm has years of experience helping both employees and employers navigate the ever-changing legal landscape of employment and business law, and we would be proud to represent your legal rights as you consider whether signing a non-compete clause is the right move for you.

Contact Us for a Case Evaluation

If you are being asked to sign a non-compete agreement and you do not fully understand the ramifications of such a clause, it is important to consult with an experienced employment lawyer for legal assistance. Our law firm would be proud to assist you and help you determine whether or not you should sign your non-compete agreement.

Schedule your initial consultation by contacting our Deerfield, IL, law offices at 847.654.9200. Contact us today .

The post Understanding Non-Compete Agreements: Legal Implications and Employee Rights appeared first on Deerfield Employment Law Firm .

How Can Illinois Employees Challenge Unfair Dismissal Under State Law?

Mon, 11 Mar 2024 14:02:00 GMT

What is Unfair Dismissal in Illinois?

Unfair dismissal, also known as wrongful termination, wrongful discharge, or unlawful termination, refers to an unfortunate situation wherein an employee is fired by their employer for reasons that appear unauthorized or against state law. In Illinois, wrongful termination is defined in a unique way. A wrongful termination lawsuit can only be successfully filed if the fired employee can establish proof that the reason for their firing was a violation of a legal statute.

Examples of wrongful termination in Illinois include:

Discrimination. Any employee who is fired from their place of employment because of their race, gender, gender identity, sex, sexuality, national origin, or ethnicity may have the makings of a successful wrongful termination suit
Breach of contract. If an employee is terminated and that termination is a breach of the terms of their employment contract, then this may result in a wrongful termination case
Leave. Illinois employees cannot be fired for attending jury duty, voting in elections, taking valid vacation days, or using the time that is covered by the Family and Medical Leave Act (FMLA)
Retaliation. Workers cannot be fired for taking protected actions, such as whistleblowing, defending their free time, or filing a complaint with the EEOC. If a worker has been fired in an act of retaliation against the employee, that worker can seek legal action
Public policy. If workers are terminated for reasons that go against Illinois or national public policy, then this could result in a wrongful termination case. Such wrongful termination claims are often filed in coordination with claims of retaliatory discharge

The term unfair dismissal is fairly uncommon in the US. It is more frequently used in Britain. In most cases, employees file wrongful termination claims. They may argue for unfair dismissal in cases where the employer did not violate state or federal employment laws.

Is Illinois an ‘At-Will’ State?

Like the majority of the nation, Illinois is an employment-at-will state. In at-will states, employment laws make clear that employers can fire their employees for any reason, without warning, so long as the reason does not violate state or federal laws.

However, if an employee is fired for any unlawful or illegal reason, or they suspect that to be the case, they may take legal action by filing wrongful termination claims.

What Can You Do if You’ve Been Wrongfully Dismissed?

Employees have the legal option to sue their employers for unfair dismissal or wrongful termination. However, the process can be complicated, especially in cases of unfair dismissal that do not rise to the level of violations of employment laws.

Unfairly dismissed or terminated employees must submit formal written complaints to the relevant authorities before they are able to file a lawsuit against their former employer. The plaintiff (the former employee) has the burden of proof to establish that they were wrongfully or unfairly terminated from their place of employment. This will involve a lot of work, as it means showing that the employer violated their contract or violated employment laws in some way. It is highly recommended that wronged employees retain professional legal counsel when filing such legal cases.

If the wronged employee and their former employers cannot come to an agreement for a settlement following the unfair dismissal or wrongful termination, compensation will be calculated by the courts. How much a former employee stands to recover for their legal case depends upon several factors relevant to each unique case.

Our law firm has years of experience representing clients in complex employment law cases across the state of Illinois. We are well-versed in both federal and state laws and more than capable of representing your legal rights as you pursue justice and financial compensation for your legal matters. To learn more about our legal services and how we could help you with your legal issues, please contact our law firm to schedule your initial consultation today.

How Do You Prove Wrongful Termination?

In the state of Illinois, the plaintiffs are responsible for proving unfair dismissal or wrongful termination in their legal matters. They must establish that they have been wrongfully or unfairly dismissed due to engaging in protected activities or in breach of their employment contracts.

Those seeking to prove their wrongful termination cases are highly advised to seek professional legal representation. These types of cases can be hard-fought and difficult, and it is unwise to proceed without experienced attorneys in your corner.

Our law offices would be proud to represent your legal interests as you pursue some form of relief following your wrongful termination or unfair dismissal. If you have any questions or concerns, please contact us to schedule an in-depth case evaluation today.

Is There a Statute of Limitations for Filing Wrongful Termination Claims in IL?

You have a certain amount of time to file a wrongful termination lawsuit in the state of Illinois. Failure to file your claim within the allotted time window could result in your case being dismissed and your chances of recovering compensation forever lost.

You are provided with five years from the time of the termination to file a wrongful termination lawsuit. However, it’s important that you do not wait too long. The sooner that you speak with experienced lawyers about your case, the better your chances of having a satisfactory outcome.

Contact Us Today for a Case Evaluation

Have you been wrongfully terminated or unfairly dismissed from your place of employment? You may have legal recourse for recovering some form of financial relief and justice following this wrongful dismissal. However, the way forward will be challenging, and your employers will likely lawyer up to defend their interests. It is highly recommended that you do the same.

S.T. Legal Group has extensive experience representing clients in the complexities of state and federal employment law cases. We proudly serve clients across the state of Illinois and help take the burden off their shoulders as they seek the most optimal outcomes for their employment law Legal matters.

To discuss your case, please contact our highly skilled legal team to schedule your initial case review today. You may contact us at 847.654.9200.

The post How Can Illinois Employees Challenge Unfair Dismissal Under State Law? appeared first on Deerfield Employment Law Firm .

What Legal Steps Should Employees Take in Illinois for Unpaid Overtime Claims?

Mon, 05 Feb 2024 09:08:00 GMT

What Are Illinois’ Overtime Requirements?

Illinois workers are protected by both state and federal laws. Under Illinois employment laws, Illinois employees who work more than 40 hours in any given week must receive overtime pay at a rate of time and a half for every hour over the 40-hour workweek (unless otherwise exempt from these rules).

Time and a half means you make 1.5 times your usual salary. For example, if you made $10.00 an hour, your overtime pay would be $15.00 for those overtime hours. For more complicated hourly rates, it may be necessary to pull out a calculator.

If your employer has not paid you the overtime pay you deserve, you can take legal action to seek your unpaid wages . Our law firm has years of experience in employment law across the state of Illinois. Contact our Deerfield-based law offices to schedule your initial consultation.

Are There Any Types of Employees Who Do Not Get Overtime in Illinois?

The following are exempt from Illinois overtime requirements:

Administrative or executive employees
Agricultural employees
Car salespersons
Certain professionals
Childcare institution employees
Commissioned employees
Educational employees
Government employees
In certain cities, radio or television station employees
Individuals involved in workplace exchange agreements
Mechanics

If you are one of the above employees, you may not receive the same overtime legal protections owed to other Illinois workers. However, if you have still not received your proper unpaid wages , you may still file a wage complaint in pursuit of your unpaid salary. Our law firm would be proud to assist you.

Do You Have a Valid Unpaid Wage Claim?

A research study in 2019 suggested that approximately 13% of workers did not receive the proper overtime pay they were owed. These discrepancies in overtime work and pay are especially prevalent in lower-salaried workers. Additionally, women suffered unpaid overtime wages slightly more than their male counterparts. Illinois overtime pay requirements are dictated by the Fair Labor Standards Act (FLSA).

Overtime laws are enforced by the US Department of Labor (IDOL) and Illinois employment law. If you have not received your overtime pay and have potentially been taken advantage of, you may file a wage/hour complaint with the Illinois Department of Labor. However, before you do so, it may be wise to hire an Illinois employment lawyer. Your employment law attorneys can provide valuable legal guidance and help assess the validity of your wage and hour claim.

Our law firm would be proud to lend legal assistance to you as you seek the salary you are owed. Please contact us today.

What Steps Should You Take to Recover Unpaid Overtime?

The first step in filing an unpaid wage complaint is to calculate just how much you are owed. To do so, consider the following formula: the total amount you should have received minus the amount you were actually paid shall equal the total amount owed in unpaid wages.

Remember that Illinois’ overtime requirements state that you should receive time and a half for all overtime hours worked. If you make $10.00 an hour, your overtime pay should be $15.00 an hour. But if you were paid the $10, then you must subtract that from what money you are owed. However, you may be entitled to additional financial compensation for the late payments. This is called a damages fee. With the help of employment law lawyers, you may be able to receive an extra percentage in damages for every month you were underpaid.

Before filing a complaint, consider speaking with your employer. It is possible to settle things without taking legal action in some situations. It could be that this was all just a mistake that can be easily corrected by paying you what you are owed. It is against the law for Illinois employers to retaliate against you for requesting any unpaid wages. Consider documenting the discussion with your employer, just in case things do not go well and you need to take a legal course of action.

At this point, if you haven’t already, you should speak with employment law attorneys. Our law firm has extensive experience in this practice area and would be proud to lend our legal advice and guidance to you during this challenging situation.

Next, you and your lawyer will file a complaint with the Department of Labor. When filing your complaint, be sure to include any relevant evidence that might show that you are owed unpaid wages. Evidence may include paychecks, timecards, and more. There is a time limit on how late you can file a complaint, so be sure to do so without delay.

What Are the Penalties for Unpaid Wages?

Employers may also be vulnerable to penalties for failing to pay you the overtime you deserve.

For example, you may request a penalty of 2% of your unpaid wages for every month that your wages remain unpaid. If your employer violated state or federal laws, you can request liquidated damages, which would be intended to compensate you for financial losses of an economic or non-economic nature.

Do You Have a Deadline to File Your Unpaid Overtime Wage Claim?

You must file a legal complaint with IDOL offices within one year of the original claim if you wish to have them investigate your case. If you wish to file a private lawsuit against the employer who failed to pay you adequate overtime wages, you have up to three years to sue the employer.

Act immediately by contacting our law firm for your in-depth case review.

What is the One Day Rest in Seven Act?

Illinois workers must receive at least 24 hours of rest for every seven-day work week. However, employees may volunteer to waive this requirement and work a full 7-day work week if they so choose. If the employee wishes to waive this requirement, the employer must show the Illinois Department of Labor that the employee is doing so voluntarily.

The IL Employment Law Attorneys at ST Legal Group Can Help

S.T. Legal Group of Deerfield, Illinois, has years of experience helping clients with the complexities of employment law.

The post What Legal Steps Should Employees Take in Illinois for Unpaid Overtime Claims? appeared first on Deerfield Employment Law Firm .

What is an Employee Separation Agreement?

Tue, 16 Jan 2024 09:58:00 GMT

What Are the Different Types of Employee Separations?

It is sometimes inevitable and often regrettable that many employer and employee relationships come to an end eventually. There are four primary types of employer/employee separations.

These include:

Dismissals. A dismissal is a type of firing as a punitive measure, brought about because either the employee was not performing up to the standards of the company, they were engaged in misconduct, or for another lawful reason
Layoffs. Perhaps the most unfortunate type of employee separation, layoffs occur due to forces beyond the control of the employer. Common reasons that bring about layoffs include seasonal losses, loss of workspace, shortage of materials needed to complete the jobs, and other reasons, most of them related to expenses and the needs of the workforce
Resignations. When an employee quits, this is called a resignation. This could be voluntary or involuntary. Examples of involuntary resignations include instances when the employer gives an employee the option to quit or face disciplinary action
Retrenchment. Similar to a layoff, retrenchment is when a company terminates the employment of a worker because of low demand for the company product, surplus staff, economic concerns, or financial slowdown

For many employees, there is very little difference between being fired and getting laid off. Alternately the difference is that those who have been laid off saw their employment terminated through no fault of their own. Conversely, those who were fired or dismissed had their employment terminated because they were not performing to the standards of their employers or were engaged in employee misconduct.

An employee separation agreement is a legal document that represents the particulars related to the employer and the soon-to-be terminated employee. Upon being signed by both the employer and employees, employee separation agreements mandate that the terminated employee cannot sue or take future legal action against the company in regard to their untimely release.

Are Separation Agreements Legally Enforceable?

Just because both parties signed the employment separation agreement doesn’t mean that the document is legally enforceable. It may be possible to challenge a signed employee separation agreement document.

A common means to challenge separation agreements after they’ve been signed is to question the enforceability of the contract. It may be determined that certain legal terms and provisions may be illegal or inadmissible according to Illinois law when unenforceable terms are part of employment separation agreements. Employment law courts may elect to strike down certain provisions or void the entire document.

What is Covered Within Employee Separation Agreements?

The key details covered in practically all employee separation agreements include separation details, severance details (if any), the existence of any confidentiality clause or restrictive covenant, and a reference to age discrimination.

The separation agreement should lay out basic terms and understanding of the separation details. This may likely include reasons for the separation, such as dismissal, layoff, or resignation.

Oftentimes employers will use a severance package as a means to help incentivize employees to sign their employment separation agreements. Severance packages can include numerous benefits, including additional payments for a certain amount of time, continued health insurance, and potentially even stock options.

Severance packages are optional. The law only dictates that employers provide a wage for the final working day and any leftover vacation time. The decision to offer a severance package is up to the employer, and the decision to sign the employment separation agreement is up to the employee. If you are a soon to be ex-employee, it is worth taking the time to study your employer’s separation agreement terms and how

The employment separation agreement includes terms that clarify the employee is waiving their right to bring a legal claim against their former employer. What this means is that by signing, you cannot hope to bring a future lawsuit against your ex-employer. Examples of lawsuits that you are waiving your right to pursue include wrongful termination claims.

It is possible that an employer includes a restrictive covenant of some kind, such as a non-compete clause, a nondisclosure agreement, or a confidentiality agreement. If you’ve already signed on to any of these restrictive covenants at the beginning of your employment, it is possible that they may be skipped or glossed over in your separation agreement. However, there exists a chance that they may be brought up again just to reiterate the facts. If you sign onto any of these clauses, you must obey the terms of the clauses under legal penalties.

If employees are over the age of 40, they are protected by the Older Workers Benefit Protection Act (OWBPA). This act is part of the Age Discrimination in Employment Act (ADEA). By signing the contract, you concede that you are not being dismissed because of your age.

When Should You Negotiate Your Employee Separation Agreement?

Getting noticed that you have lost your job can be shocking. It is natural to want to negotiate for better terms at this point in your career. Even if you saw the bad news coming, sometimes employing your

Employees have the right to negotiate for the most favorable severance package possible. Even if they do not have a strong basis to argue for such terms, they still have the right to do so.

In some cases, employers are not ready and willing to negotiate the terms of their employee separation agreement. In such instances, it is highly recommended that you retain professional legal counsel to represent your legal rights.

Schedule an In-Depth Case Evaluation Today

Whether you are an employer drafting an employee separation agreement or a soon-to-be ex-employee who is considering whether or not to sign their agreement, it is highly recommended that you retain the services of employment law attorneys to represent your interests. Our law firm has extensive experience representing both employers and employees as our clients in separation agreement disputes. To learn more about our legal services, please contact our law firm to schedule your initial consultation. Contact us today at 847.654.9200.

The post What is an Employee Separation Agreement? appeared first on Deerfield Employment Law Firm .

Negotiating Non-Solicitation Agreements: Tips for Employees and Employers

Thu, 04 Jan 2024 02:20:00 GMT

What is a Non-Solicit Agreement?

Restrictive covenants can be included in employment contracts to help protect the future of a business’s prospects. When a business spends a long time developing the skill set of their employees, it can be difficult for them to see those same employees one day leave their company and sign on with a competitor. Restrictive covenants, like non-solicit clauses, non-compete agreements, and non-disclosure agreements, can restrict what a former employee does in their future employment.

Non-solicitation agreements are restrictive covenants that limit an ex-employee’s ability to solicit workers, customers, or clients after they leave a position of employment. A non-solicitation agreement, or ‘covenant not to solicit,’ is especially useful for employers who fear losing members of their talented team or who cannot afford to see their customer base stolen by a rival competitor.

Non-solicit agreements, as well as other restrictive covenants, can be challenging to enforce. The laws are now increasingly in favor of the employees. To ensure that your interests are looked after, it is strongly recommended that you seek legal counsel in the form of an experienced employment law attorney. Please contact our law firm for an in-depth case evaluation.

What Are the New Laws Restricting Non-Solicit Agreements?

The newly implemented Illinois Freedom to Work Act put restrictive limits on all restrictive covenants in the state, requiring previously drafted documents to be revised and future agreements to meet the new standards.

Under the new laws, employers must provide employees with at least 14 days to review a non-solicit clause. Additionally, they must remind prospective employees of their right to retain legal counsel. To be valid, an employee signing a restrictive covenant must receive something of value in return, such as a guarantee of employment for a certain period, a signing bonus, or other benefits.

Non-solicitation agreements cannot be issued to employees earning less than $45,000 annually. This number will increase in 2027 and every five years after that.

What Are Tips for Negotiating a Non-Solicitation Agreement?

Every component of a restrictive covenant agreement can be negotiated. Both employees and employers should consider working together to come to a more mutually beneficial agreement so that both sides walk away feeling happy and content.

Here, we will present several tips for employees and employers in negotiating non-solicitation clauses.

Seek Professional Legal Counsel

Whether you are an employer or an employee, it is strongly recommended that you seek a lawyer with experience in labor law and employment law to represent your interests. A lawyer can help you better understand the negotiated agreement and the laws that allow the agreement to be enforceable. Hiring a lawyer will result in extra legal fees, but considering how much you gain from a satisfactory employment contract versus how much you could lose with a poorly drafted agreement, the lawyer more than pays for itself.

Time is Precious

Restrictive covenant employment contracts that require an employee to stand by the terms of the contract for many years can be considered overreaching or even unlawful. Consider negotiating for a smaller window of time for the non-solicitation agreement. Only up to two years in length may stand up in court.

Consider Other Restrictive Covenants

While a non-solicitation agreement might be the right choice for you and your employment agreement needs, consider other restrictive covenant options. Non-solicit contracts do not benefit every type of business situation. Some businesses would benefit more from non-compete agreements or non-disclosure agreements.

Shrink the Map

Employers will want their non-solicitation agreements to be as far-reaching as possible. However, it’s vital that they not overreach. Shrink the map. While it may make sense that a former employee cannot work for the arrival in the next town over, it may be asking for too much to limit the former employee from working with a company on the other side of the country. Negotiate to limit the geographical influence of the restrictive covenant.

Consider Payment for Signing the Non-Solicit Clause

If an employee is being asked to sign a restrictive covenant, they should receive something in return. The law now demands it. An employee must receive either a guarantee of employment, a signing bonus, or other benefits. As an employee negotiating for better terms, consider asking for more money or a longer guarantee of employment.

Transparency is Key

As a former employee signed to a restrictive covenant, you must tell all your future employers of the terms of your contract. Failure to disclose information about the non-solicitation clause could get you in legal trouble.

Compare with Industry Standards

Whether you are considering signing a non-solicit clause or drafting such a clause for a future employee, consider the standard practices of the competition in your field. You do not want an agreement that appears too strict compared to all of your competitors, or you may find that your image suffers in the public and, perhaps more importantly, in the industry you share.

Contact Us Today for a Case Evaluation

Restrictive covenants can be challenging to enforce, so take the time now to negotiate more agreeable terms for both sides. When negotiating, it is strongly recommended that you work with professional legal help in the form of attorneys experienced in employment law and labor law in Illinois.

The S.T. Legal Group of Deerfield, Illinois, proudly serves both employers and employees as our clients. As your legal representation, we will provide knowledgeable and highly skilled services you can feel confident in. Don’t go into negotiations alone. Consult our attorneys for your legal needs.
Contact us today .

The post Negotiating Non-Solicitation Agreements: Tips for Employees and Employers appeared first on Deerfield Employment Law Firm .

Non-Compete Agreements vs. Non-Solicitation Agreements: Which is Right for Your Business?

Tue, 21 Nov 2023 05:12:00 GMT

What Restrictive Covenants Are Enforceable for Illinois Businesses?

A restrictive covenant is a business agreement between employers and their employees that limits their right and ability to compete against their employer after they are let go or move on. In January 2022, Illinois law relating to restrictive covenants became more limiting, granting employees more rights than they previously had in business contract negotiations. The enforceability of restrictive covenants in Illinois is now based on an employee’s salary. And even if the salary requirements are met, the restrictive covenant contract still needs to be considered ‘reasonable’ in order to be enforced.

Many businesses find their restrictive covenants are not actually enforceable long after the ink has dried because the original contracts were not correctly worded or constructed. Suppose you want to sign an employee to a restrictive covenant contract agreement. In that case, it is highly recommended that you work with experienced business law attorneys to help you draft the contract.

The restrictive covenants that are enforceable in Illinois include the following:

Anti-raiding agreements.
Non-compete agreements.
Non-solicitation agreements.
Nondisclosure agreements.

Our law firm has years of experience representing clients across Illinois with their business law legal concerns. We can help draft business contracts for your company and ensure that they stand a better chance of remaining enforceable for years to come. To learn more about our legal services, please contact our Deerfield-based law offices to schedule your initial consultation.

What is a Non-Compete Agreement?

A non-compete agreement allows businesses to protect trade secrets, business practices, training programs, and other valuable information from finding its way into the hands of the competition. The business contract accomplishes this by restricting an employee from working for a direct competitor for a certain period of time after the business relationship with your company has concluded.

When your business spends enough time training a worker and even trusts them with trade secrets, it stands to reason that the business would not want that worker to take that business knowledge to the competitors. Sometimes, a company’s secrets are the things that set them apart from the competition. Trademarked formulas, business plans, and client information are tightly guarded secrets that, if they reach the competition or the general public, could potentially sink a company.

Every state has different laws in place that govern the validity and enforcement of non-compete agreements. Illinois’ laws were recently changed to limit the power and reach of non-compete agreements. As of 2022, there are new minimum salary requirements for non-competes and non-solicits in Illinois, thanks to the Freedom to Work Act.

In Illinois, a non-compete clause is only enforceable if the employee earns more than $75,000 annually. If they make less than that, the non-compete is invalid and unenforceable. The salary threshold will increase in 2027 to account for inflation and then every five years after that.

What is a Non-Solicitation Agreement?

A non-solicitation agreement is an employment agreement that helps protect a company or corporation from losing valued employees and customers. These business contracts are beneficial when a former employee leaves to work with a new business or decides to start their own company. There is sometimes a fear that the former employee will attempt to poach talent from your employee roster or steal away longtime customers. With a non-solicit clause, the former employee is restricted from carrying out such actions.

Like a non-compete clause, there are new minimum salary requirements for non-solicitation clauses in Illinois. A non-solicit agreement is automatically invalid and unenforceable if the employee who signed the contract makes less than $45,000 a year. Again, this number will increase over the years to adjust for inflation. In 2027, the threshold will increase to $47,500.

What is the Right Restrictive Covenant for You and Your Business?

There are many similarities between non-competes and non-solicits. Both or either may be valuable contract agreements to include when negotiating with employees or prospective new workers.

Generally, a non-solicitation clause is weaker and less restrictive than a non-compete clause. While it prevents poaching, non-solicitation agreements still allow former employees to find work in the same industry, potentially bringing their skills and knowledge to a direct competitor of your business.

Non-compete clauses can be more challenging to enforce, though, and the courts usually have a more favorable opinion of non-solicitation agreements. The reason for this is that non-competes can restrict skilled workers from finding new employment.

Whatever type of employment contract you choose to write, it is crucial that you work with lawyers experienced in Illinois business law. Restrictive covenants can be difficult to enforce, so you want to ensure that the terms are reasonable, the language is understandable, and the minimum requirements are met.

Contact Us to Schedule Your Case Evaluation

It is important to understand the difference between the many different types of restrictive covenants in employment contracts. Some have benefits that others do not, but all can be challenging to enforce if a former employee elects to bring the matter to court. To increase the chances of your employment documents standing up in court, it is absolutely vital that you work with a lawyer experienced in handling cases similar to yours.

The S.T. Legal Group has served businesses and business owners across Illinois for years. Our extensive experience can make us a valuable resource for you and your business needs. We take pride in providing knowledgeable, honest, and cost-effective legal representation.

To discuss your case in more detail with a member of our legal team, please call our law offices at 847.654.9200. Contact us today .

The post Non-Compete Agreements vs. Non-Solicitation Agreements: Which is Right for Your Business? appeared first on Deerfield Employment Law Firm .

Non-Solicitation Agreements: What Are They and How Do They Work?

Sun, 15 Oct 2023 02:57:00 GMT

What is a Non-Solicitation Agreement?

A non-solicitation agreement (NSA) is a restrictive covenant utilized by businesses to prevent former employees from grabbing up their most valued customers. Non-solicitation agreements prohibit a recently fired or departing employee from contacting your customer base or attempting to poach your other employees in favor of their new place of employment. For example, an attorney working at a firm may quit one day, but with this agreement in place, he would be unable to bring that old firm’s clients with him to his new practice.

This clause can be a valuable tool for ensuring that your customer base stays with you and your company for years to come. It is also helpful for building and investing time into your workers because you know that an influential former member of your team cannot sweep them off their feet at the earliest opportunity.

Not every business or industry will benefit from non-solicitation agreements the same as the others. They are especially useful if the nature of your business could be started from nothing as long as it has the right client list – which is to say, you’re preventing your employees from going off and starting a competitor brand by stealing your client base.

In order to ensure that your non-solicitation agreement is enforceable, it is highly recommended that you work with experienced employment law attorneys. A poorly constructed restrictive covenant could end up costing you time and money, not to mention cost you a lot of goodwill. Contact our law firm to discuss your business goals, and we can help you determine whether a non-solicitation agreement is suitable for you.

How Do Non-Solicitation Agreements Differ from Non-Compete Clauses?

Though similar in that they are both a form of a restrictive covenant, non-compete agreements and non-solicitation agreements are two very different things.

A non-solicitation agreement is an employment contract that prevents a former employee from soliciting and ‘poaching’ clients, customers, vendors, suppliers, employees, and executives from their former place of work.

A non-compete agreement (NCA) is an employment contract that requires a former employee not to work for a direct competitor for a certain amount of time after their employment ends with a company.

There are other types of restrictive covenants, too, including non-disclosure agreements and anti-raiding agreements. Each business is unique. To learn more about what kind of employment contracts would suit your needs, please contact our Deerfield-based law offices to schedule a case review.

How Do Newly Amended Laws Limit the Effectiveness of Non-Solicitation Agreements?

Non-solicitation agreements are subject to state law, not federal law. There were already several requirements and restrictions in place, but the newly introduced Illinois Freedom to Work Act (IFWA) grants more rights to the workers and adds more rules to the employer when working with a ‘covenant not to solicit.’

Requirements and restrictions of non-solicitation agreements include the following:

A non-solicitation agreement is void unless the employee receives valid employment, is of genuine purpose for the business to succeed, does not impose undue hardship on an employee, does not impose hardship on the public, and the employee receives adequate notice and consideration
Certain union employees are not required to sign a non-solicitation agreement
Employees who work in the construction business cannot be required to sign non-solicitation agreements
Employers must advise employees of their right to consult with an attorney before signing a restrictive covenant work contract. They must be given two weeks to review the agreement and decide whether or not they will sign. In many cases, a potential employee will expect something in return for signing the employment agreement, such as guaranteed employment for a certain number of years or other work benefits. It is vital that the contract not be seen as something inherently negative by the workers
Non-compete agreements are only valid if employees make over $75,000 a year. In 2027, that number will increase, and it’ll go up every five years after that, too
The non-solicitation agreement may not be enforceable if the employee was laid off for reasons related to the COVID-19 pandemic

What is the Legitimate Business Test?

A non-solicitation agreement is only enforceable if it meets the criteria of a five-part legitimate business test.

The restrictive covenant is null and void if it does not meet these five requirements:

The employee receives adequate consideration
The restrictive covenant is necessary for a valid employment/employer relationship
The restrictive covenant only applies to the essential means for protecting the employer
The restrictive covenant does not impose hardship on the employee
The restrictive covenant is not ‘injurious’ to the public

If the covenant is written in such a way that it meets these requirements under the IFWA, then the employment contract may be enforceable.

Contact Us Today for a Case Evaluation

A restrictive covenant of any sort has its pros and cons . Many are written poorly, meaning that an employee’s lawyers may be able to pick them apart and render them unenforceable. To ensure that your employee contracts meet the requirements of the law and are enforceable, we recommend contacting our law firm to work with our employment law attorneys.

The S.T. Legal Group proudly serves employers and employees alike across the state of Illinois. Our legal team has extensive experience in employment law matters, including non-solicitation clauses. To learn more about the legal services we offer, please contact our Deerfield-based law offices to schedule your initial consultation. Contact us today .

The post Non-Solicitation Agreements: What Are They and How Do They Work? appeared first on Deerfield Employment Law Firm .

Steps to Take When Seeking Injunctive Relief

Thu, 07 Sep 2023 14:12:00 GMT

What is Injunctive Relief?

In situations where an employee leaves and takes vital business information with them, there is the possibility of that ex-employee using or selling that information elsewhere. In such situations, monetary damages may not be enough to compensate the injured business for the loss they’ve just endured.

Also known as an injunction, injunctive relief is a tool used to safeguard certain business-related assets, such as personal data, closely held trade secrets, breach of non-compete agreements , training methods, and financial information. If given satisfactory cause, the courts can issue injunctions before the resolution of a case. Injunctive relief may take the form of a preliminary injunction (PI) or a temporary restraining order (TRO).

Businesses and clients looking to obtain injunctive relief can feel like their backs are up against the wall as they rush to win their case and prove that they require an injunction to protect their assets. For this reason, it’s highly advisable to work with professional legal counsel experienced in practice areas of business law and employment law . The S.T. Legal Group would proudly represent you and attempt to make the case for why injunctive relief is necessary.

When is Injunctive Relief Commonly Sought?

Injunctive relief is commonly sought in cases such as:

Breach of employment contract
Intellectual property (IP) has been monetized by another party without your express written consent
Minority shareholders are unfairly excluded from business decisions
Misappropriated trade secrets
Misuse of company assets by a business partner
Theft of business secrets from a former employee
Violation of non-compete agreements

What Are the Legal Requirements for Injunctive Relief?

The court will not automatically grant your request for an injunction. Certain legal requirements must be met first. Of those requirements are typically the following four key elements:

If the injunction is not granted, will the plaintiff suffer irreparable harm? If harm befalls the plaintiff, are monetary damages inadequate to help make the plaintiff whole again
The courts will base at least part of their decision on whether or not they believe your lawsuit will be successful in the long run
The judge will want to ensure that an injunction will not have an unfavorable effect on the public. If possible, the judge would prefer that injunctive relief have a favorable effect on the public
The plaintiff must demonstrate that, without injunctive relief, the damages they will suffer far outweigh the hardships of placing an injunction on the defendant

The courts will listen to arguments from both the plaintiff and their defendant before coming to a decision about whether to grant an injunction. For this step, it’s recommended that you allow your lawyer to do the talking for you. A lawyer with extensive experience in business law legal matters understands the ins and outs of the complaints you have. With a skilled attorney in your corner, you have a better chance of obtaining injunctive relief than you would on your own. At our law firm, our legal team would happily assist you and your case of defending your business interests by seeking an injunction.

What is the First Step for Acquiring Injunctive Relief?

The first step to seek injunctive relief is to file your lawsuit in the appropriate county. It must be the county in which the majority of the issues have taken place or otherwise in the county where the defendant resided or worked. Select your court with due care. You want to ensure that the judge who takes your case will favor granting injunctive relief. Depending on the circumstances of your case, you may want to seek an injunction in federal court or business court.

What Are the Differences Between TROs and PIs?

A temporary restraining order (TRO) usually lasts for only two weeks. The court’s intent is to maintain the status quo and prevent the defendant from taking further action that would damage the plaintiff’s business standing. During those two weeks, the court may hold a temporary injunction (TI) hearing to determine whether the TI is deemed necessary.

Permanent injunctions, on the other hand, are of a much more long-lasting nature. Typically, a PI is only granted at the end of the case, not at any time during the middle of court proceedings. If a temporary injunction was previously awarded, the court could simply decide to make that injunction permanent.

Can You Appeal a Preliminary Injunction’s Denial?

It is possible to appeal a preliminary injunction or its denial. The appeal will typically go to a new court where they review the trial judge’s decision under the ‘abuse of discretion’ standard.

Contact Our Law Firm to Schedule Your Initial Consultation

Employment and business law are complicated matters, and you should not feel defeated if you cannot navigate the labyrinth on your own. S.T. Legal Group is a trusted choice across Illinois for legal help in these complex situations. If you have reason to seek injunctive relief, we can help you make your case to the courts. Injunctive relief can be very helpful for those looking to defend their business interests and for whom monetary damages simply are not enough. As your legal representatives, business law attorney Diana Servos and her highly experienced legal team will handle all matters from the initial lawsuit, your request for injunctive relief, and any appeals or litigation as needed.

You can speak with a member of our legal staff today by calling our Deerfield-based law offices. Contact us today .

The post Steps to Take When Seeking Injunctive Relief appeared first on Deerfield Employment Law Firm .

The Pros and Cons of Non-Compete Agreements

Tue, 01 Aug 2023 13:17:00 GMT

What is a Non-Compete Agreement?

Non-compete agreement contracts are legally binding ‘restrictive covenants’ that prevent an employee from joining a competing company for a certain length of time after their position at a company ends.

Industries that most commonly use non-compete agreements include the corporate world, sales positions, information technology, manufacturing, financial services, and media. But other industries may also consider including non-competes in their hiring practices.

Today we’re going to explore some of the pros and cons of non-compete agreements in order to help you decide whether it’s the right option for you and your business. And, as always, we recommend contacting the S.T. Legal Group law firm for a more detailed analysis of your particular business aspirations so that you have a more informed understanding of non-compete clauses and your goals.

What Are Some of the Advantages of Non-Compete Agreements?

Favored more by employers than employees, these agreements are primarily utilized to prevent training methods and trade secrets from leaving their business and strengthening the business of a direct competitor. But there are several other benefits that business owners and staff management may consider when deciding whether to sign new hires to non-competes.

Businesses Can Reduce Workforce Turnover

Non-compete clauses restrict a worker’s employment options if they should leave your company. Because of this, a non-compete may help reduce worker turnover, as your employees decide it’s better to stay where they know they can put their skills to use.

Employees Can Get Locked Into Long-Term Positions

This could be considered a pro for both the employer and the employee. For the employer, it means their worker will be in their position for a long time to come. For the worker, it could mean added job security.

Encourages Companies to Invest in Employees’ Futures

If a company has additional reason to trust that an employee is invested in the company’s future, it may make the company more confident in investing in the employee’s future.

When they know that the employee cannot take what they learn elsewhere, employers are more apt to provide extra training and resources, potentially fostering innovation among the workforce.

Companies Can Protect Trade Secrets

Perhaps the key takeaway is that employers can protect their trade secrets, training practices, and more from falling into the hands of the competition. If your company has a top-secret formula, you understandably do not want that formula to be known by your competitors. By requiring your employees to sign a non-compete clause, you can defend against the possibility of a competitor learning such a secret.

What Are Some of the Disadvantages of Non-Compete Contracts?

Just as there are several benefits to non-compete contracts, there are also many downsides to consider as well. Ultimately, deciding whether to require non-compete agreements is up to you. You may even decide it’s not a company-wide requirement but something reserved for only certain job positions.

Employees Lose Bargaining Power

When a worker is signed to a non-compete agreement, they may find themselves unable to bargain for higher pay or benefits. This might sound good to the business owner, but curbing wages hurts worker morale and can send the wrong message to future prospective employees.

The Federal Trade Commission Might Ban Non-Competes in the Future

In early 2023, the Federal Trade Commission (FTC) proposed a new rule banning non-compete agreements. The FTC argued that if the rule was enacted, it could increase worker wages by nearly $300 billion annually, providing millions of American workers with new career opportunities. While the proposed rule is not in effect yet, it could one day become the new norm in employment law.

Can Be Bad for Innovation

Evidence suggests that while noncompetes may help protect the future of a specific business, they may actually be bad for industry growth since noncompetes restrict former employees from launching startups and pursuing new career opportunities.

They Are Unappealing to In-Demand Job Candidates

Non-compete agreements benefit the company but are generally frowned upon by new prospective employees. Employees know this and could be wary about signing with a company that restricts their future career opportunities.

If a competitor offers a similar position with no non-compete agreement contract requirements, the employee may sign with the other company instead of yours.

They Can Be Costly

If a former employee breaches their non-compete contract, you must sue them. A lawsuit can be costly. And if the former worker cannot pay the damages due, it may not be worth it for the company.

Illinois Has High Standards When it Comes to Non-Competes

Illinois courts only enforce non-compete agreements when they determine that a former employer’s business concerns are ‘ reasonable and necessary .’ As such, even if a non-compete clause is in place, it may not be enforceable in all circumstances.

Contact the S.T. Legal Group to Discuss Your Case Today

While we hope this page has helped elaborate some of the pros and cons of non-compete restrictive covenants, the only way to be sure whether such an agreement suits you is to discuss your unique case in more detail. To do that, please contact our law firm to discuss your business needs with our experienced legal team. S.T. Legal Group has years of experience representing clients on both sides of employment law in Illinois, and we would be proud to provide you with our dedicated legal services.

The post The Pros and Cons of Non-Compete Agreements appeared first on Deerfield Employment Law Firm .

What is a Severance Package and When Do You Need One?

Sun, 16 Jul 2023 07:07:00 GMT

What Are Severance Agreements?

Many employers offer severance packages to prospective employees, laying out the terms and policies for how matters will play out if and when a worker departs a company. While many skilled workers know the importance of negotiating salary and other benefits for their jobs, fewer take the time to negotiate better terms in their severance agreements . This is understandable as the employee is just joining the company and wants to think about something other than the end of their employment already. They may even fear that doing so may send the wrong message to their new employers.

But a well-laid-out severance package can be like ensuring a proper net above the ground in case the worst happens. A good severance agreement can be the deciding factor in whether or not a newly unemployed worker is able to survive until their next job comes along.

While most employers offer a severance agreement to all new employees, the terms of the agreement may only be satisfactory to some. In such cases, the new employees may consult an employment lawyer to help them negotiate better terms.

Severance packages typically include one to three months of continued insurance coverage and potentially a certain amount of salary . The severance package will go into effect once the employee’s position with the company is terminated.

Are Severance Agreements Legally Mandatory?

Severance packages are not mandatory on a federal level from the Fair Labor Standards Act (FLSA). Nor are they mandated by Illinois or its cities.

The decision of whether or not to include a severance agreement is a discussion left to the employer and their soon-to-be ex-employee.

You may be required to pay severance in certain limited circumstances. For example, if you led an employee to believe that you would offer a severance package, you may be held to your promises. This is especially true if there is evidence such as a written contract or other business standard in place where an employee should rightfully believe that they will receive severance pay.

What Are the Benefits of Severance Packages?

Severance packages offer several benefits to ex-employees after their jobs are terminated.

Benefits may include the following:

Accrued vacation time, sick days, and holiday pay may be paid off after employment ends
Assistance for the job hunt may be offered so that the ex-employee quickly lands on their feet elsewhere
Company assets, such as a company computer, phone, or even car, may be transferred to the former employee in some circumstances
Health insurance coverage may be extended for a certain period of time while the ex-employee searches for new employment opportunities. Dental insurance, vision benefits, and life insurance options may also be offered. If the employer does not provide healthcare, the ex-employee may look to the government program known as the Consolidated Omnibus Budget Reconciliation Act (COBRA), which helps employees maintain their healthcare coverage following the loss of a job
Salary may continue for a week or several months. The length of time may depend upon the employee’s role with the company and how long they were employed there
Uncontested employment benefits may be a possibility for a recently fired employee. The former employer may have the opportunity to contest an unemployment claim, however

For assistance negotiating the benefits you wish to include in the severance package, consult an experienced employment attorney in your area today.

Should Employers Provide Severance Pay to Employees?

In Illinois, employers are not required to offer severance pay to terminated employees. However, there may be several instances where offering a fair severance package could benefit the company and its employees.

Advantages of providing severance packages to employees may include:

Builds goodwill among the staff and shareholders.
Diminishes chances of litigation and allows underperforming employees to exit gracefully.
Further decreases the possibility of a lawsuit by asking terminated employees to sign a release in a severance agreement.

Though a business may decide that not every employee deserves severance, it is common for companies to offer severance packages to long-term employees heading out the door to offer thanks for years of service.

Can a Recently Fired Employee Sue for a Severance Package?

If severance pay was guaranteed to employees either at the time of their hiring or during their many years of service, then they are able to sue their former employers if no severance package is offered after termination. In order to bring a successful lawsuit to court, the plaintiff must have sufficient evidence to support their claims. The most substantial proof is a written contract plainly stating that the employer would provide severance pay to former employees upon the end of their employment with the company.

Other types of evidence may include vocal promises, company standards, and other private or publicly made statements.

Whether you are the employer or the worker in this situation, it’s important to retain professional legal counsel for your case.

The IL Employment Law Attorneys at ST Legal Group Can Help

S.T. Legal Group of Deerfield, Illinois, has years of experience helping clients with the complexities of employment law.

The post What is a Severance Package and When Do You Need One? appeared first on Deerfield Employment Law Firm .

The Pros and Cons of Restrictive Covenants for Employers

Thu, 15 Jun 2023 09:08:00 GMT

What Are the Four Most Commonly Used Types of Restrictive Covenants?

When an employer takes on a highly skilled worker, they do so knowing that the worker may not always be under their employ. A common concern that arises from such a situation is that the worker may then go off and bring their talents to a direct competitor. Such a scenario not only means that the competitor potentially gets stronger but that, at the same time, the employer’s position is weakened. And there exists the chance that the departing employee may bring clients or company practices and secrets with them to the new place of employment.

To prevent such a possibility, many companies have utilized restrictive covenants or non-compete agreements which prohibit former employees from taking positions with a direct competitor for a certain period after leaving the company.

There are most common types of restrictive covenants in American business include:

Anti-raiding or non-poach provisions. This restrictive covenant requires that, once an employee leaves the company, they must not ‘poach’ workers from the company or ‘raid’ the talent pool in favor of their new employers
Confidentiality agreements. Employees entrusted with company secrets, policies, customer accounts, and mechanisms can be dangerous to an employer if that employee ever works for someone else. A confidentiality agreement prevents that employee from disclosing confidential information related to their former employer
Garden leave provisions. These types of restrictive covenants are still relatively new Stateside. The recent import from Europe, a garden leave provision requires an employee to give notice of their intent to leave the company at a future date. Then, for an agreed-upon period of time, the employee will remain employed but perform few workplace duties
Non-competitions provisions. A non-compete agreement is widely considered to be the most restrictive covenant that an employee and employer can enter into. This restrictive covenant requires a former employee not to be employed by a direct competitor (based on industry and geographical area) for a set time
Non-solicitation provisions. When locked into a non-solicitation agreement (aka non-deal agreements), a former employee is prevented from soliciting the clients and customers of their former employers for a set period of time

The legal status of each restrictive covenant varies from state to state. Some agreements may appear to the employer and others to be above board, but the courts sometimes have differing views. To ensure that your restrictive covenant agreements are legally sound, please consult with experienced employment lawyers.

What Are the Pros of Restrictive Covenants for Employers?

There are several key benefits to employers considering using restrictive covenants in their hiring practices.

While restrictive covenants can be expensive, they may save money in the long run by limiting the chances of litigation. Without a restrictive covenant in place, a former employee may branch off on their own and either take your customers, your training methods, or your other talented workers with them, thus forcing your hand to consider legal action. Restrictive covenants could prevent that from happening.

Locking in your employees to non-compete agreements strengthens the future of your business. As the covenant will not allow an employee to work for a competitor, it will deter employees from leaving your company by simply limiting their job prospects. This works similarly in regards to the prospect of an employee leaving your employ to start a business for themselves. If the company is to become your direct competitor, then a non-compete clause might prevent them from opening their doors. Additionally, keeping your worker away from your competitors keeps your standing in the field strong while preventing the competition from growing stronger.

Other types of restrictive covenants have their own benefits. If you’re worried about charismatic employees poaching your talent pool when they start a new business, consider the use of anti-raiding provisions. If the secret to your success is your training practices or secret ingredients, consider requiring your employees to sign a confidentiality agreement.

What Are Various Cons of Restrictive Covenants for Employers?

You may be paying more upfront by requiring your employees to sign restrictive covenants. Employees do not like restrictive covenants included in their work contracts and could need extra incentives to take the deal. Ultimately, the only reason to eat that cost is if you genuinely believe your employees have the chance to hurt your business should they eventually depart. If the employees cannot do your business any harm after they leave, then it may not be worth the extra cost to lock them into restrictive covenants.

Add to that the concern that some restrictive covenants are not enforceable; therefore, you may be paying those extra expenses for no benefit. A restrictive covenant must be carefully drafted to stand up in court. To ensure that your documents are legal, you should consult with employment attorneys in your state.

Schedule a Case Evaluation with Experienced Employment Lawyers Today

Restrictive covenants are complex and sometimes unpopular. It’s crucial that you weigh the pros and cons before using them as an employer. You will likely avoid future litigation and legal headaches by hiring legal professionals experienced in handling employment contracts and restrictive covenants.

Diana Servos and the legal team of Illinois’ S.T. Legal Group have years of experience assisting clients with the complexities of employment law, workplace disputes, and restrictive covenants. With experience serving both employers and employees, the attorney brings a unique and multi-layered perspective to the courtroom to better serve her clients.

The post The Pros and Cons of Restrictive Covenants for Employers appeared first on Deerfield Employment Law Firm .

Illinois Non-Competes: Are Two Years of Employment Required?

Mon, 15 May 2023 02:30:00 GMT

What Are Non-Compete Agreements and Why Are They So Important to Businesses?

Non-compete agreements are utilized by businesses looking to ensure that an ex-employee does not leave their company and immediately join the workforce of a direct competitor. These clauses are often part of the initial contract negotiations and are included in the hiring process. The clauses are favored by businesses worried about employees taking company secrets and work practices to the competition and also help ensure that the competition doesn’t look to ‘poach’ job candidates.

While this is a valuable tool for companies looking to maintain their strategies and keep their talented employees close, it’s not a subject without controversy. Workers typically are less fond of non-compete clauses than their employers are. When a worker is released from their position at a company, it only makes sense to use their marketable skills in a similar role at a different place of work. However, a valid non-compete agreement may deny the employee that opportunity, forcing them to look for employment at a job that is not considered a ‘competitor’ of their ex-employer.

What Are the New Amendments to Illinois’ Non-Compete Laws?

On January 1st, 2022, the amended Freedom to Work Act (IFWA) went into effect. Signed by Governor Pritzker, these new regulations make dramatic changes to Illinois’ legal non-compete agreements. The new regulations alter what sort of non-compete clauses are valid and enforceable. Both employers and employees must understand the shift in the laws surrounding this matter.

The state requires ‘adequate consideration’ for a valid non-compete agreement . This adequate consideration is defined as at least two years of employment at the company asking for a non-compete agreement or other other ‘adequate consideration’ to support the non-compete agreement. The latter part of the new deal is vague. Still, the law says that a period of employment can be coupled with professional or financial benefits that the employee enjoyed during their tenure with the company. This would suggest that the two-year requirement is not always necessary, provided that the state views the ‘professional or financial benefits’ as ‘adequate.’

There is a legitimate reason to believe that some employers and ex-employees may disagree with what should be considered ‘adequate’ and that the disagreement will likely be decided in a courtroom.

What Are the Minimum Salary Requirements for Non-Competes in Illinois?

When IFWA was initially passed in 2017, it outlawed non-compete clauses for low-wage workers. Previously, employers were prohibited from enforcing non-compete agreements on employees making minimum wage or less than $13 an hour. Now, the amended Act does away with language about low-wage workers and instead focuses on annual salaries.

Employers are prohibited from entering a non-compete agreement with an employee expecting to make less than $75,000. This amount will increase every five years until 2037 when the number reaches $90,000.

Similarly, employers are prohibited from holding employees to a non-solicit clause if that employee’s annual salary is below $45,000. Likewise, this number will also increase every five years.

Put simply, employers can only enter into a valid non-compete clause if their employee makes more than $75,000 a year and can only enforce a legal non-solicit agreement if the employee earns more than $45,000 annually. As a benefit to employers, the annual earnings can include base salaries, bonuses, and commissions.

What if an Employee Works for Just Under Two Years at a Company?

Generally speaking, an employee’s tenure with a company must last at least two years for a non-compete clause to be considered valid. However, what if that employee resigns from a company just shy of their two-year mark of employment?

The amendments to the law are still new, and there will be instances of litigation as employees and employers both seek to test its parameters. But, as we understand the law today, it does appear likely that an employee could step away from their job just shy of their two years with a company in order to avoid the non-compete agreement.

However, if the employer provided their employee with additional ‘professional or financial benefits,’ the law may side with the employer instead.

What Industries Typically Do Not Allow Non-Compete Agreements?

Non-compete agreements are illegal in the construction industry. The Act defines ‘construction’ as any employees who work to add or subtract from any building, structure, project, development, or real estate property. This rule does not apply to employees involved in the construction industry whose jobs revolve around management, sales, or architectural design.

Non-compete clauses are also not allowed by certain employees who have entered into collective bargaining agreements under the Illinois Educational Labor Relations Act or the Illinois Public Labor Relations Act.

Contact a Legal Team Experienced in Employment Law Today

If you have any questions or concerns about non-compete agreements in Illinois, please contact S.T. Legal Group today. Our law practice has years of experience helping clients in practice areas like non-compete agreements, non-solicit clauses, non-disclosure agreements, and severance agreements.

The laws surrounding employment in Illinois continue to shift and change. Keeping up with the rights and responsibilities of employees and their employers can be challenging. But it doesn’t have to be left up to you. A legal professional who works in employment law can be a valuable asset to shaping your business and your career while always remaining mindful of new rules and regulations.

Contact our law offices today for a case evaluation. 847.447.2927

The post Illinois Non-Competes: Are Two Years of Employment Required? appeared first on Deerfield Employment Law Firm .

Types of Damages Available in Breach of Non-Compete Agreement Cases

Sat, 11 Mar 2023 04:01:00 GMT

What Is a Breach of Non-Compete Agreement?

A non-compete agreement , when done correctly, is a legally binding agreement between an employer and an employee which specifies that the employee will not work for a competing employer for a period of time. Likewise, that employee is not allowed to sell or otherwise reveal important company secrets after their employment ends.

While these agreements could be very manipulative in some situations, there are also many situations in which they are necessary for a company in order to protect its interests. When a non-compete agreement is breached, a business attorney can assist you in recovering your losses or protecting your interests.

There are two types of damages available in a breach of non-compete agreement lawsuit: injunctive relief and monetary damages. It is also possible that the losing party could be forced to pay the other’s attorney fees, though this is a more situational event.

But in order to be awarded damages in a breach of non-compete agreement case, the agreement must be legally enforceable in Illinois. Recent changes have been made to how our state handles these agreements, so let’s briefly go over these since they could potentially render an agreement useless.

What Are the New Rules for Non-Compete Agreements?

There were some pretty major changes made to how Illinois handles non-compete agreements. In short, employers have had a number of limitations placed on them. Non-compete agreements weren’t the only thing affected; non-solicit agreements and non-disclosure agreements have also had limitations placed upon them.

If you entered into a non-compete agreement with an employee prior to January 1, 2022, then the agreement should not be affected by these changes. However, an agreement that would have been acceptable the day before might no longer be okay.

The important changes include the following:

Employees cannot enter into a non-compete agreement if they are paid less than $75,000 a year. This threshold increases by $5,000 every five years to account for inflation
Certain industries, like construction, are not allowed to use non-compete agreements at all or only rarely
Employees have to be advised to consult counsel
Employees have to be given fourteen days to sign
The agreement must have a valid consideration behind it; if there is nothing for an employer to protect, there is no reason for an agreement

Of these, the last is the most important. An employer is not allowed to simply have employees sign a non-compete agreement just because they feel like it.

In fact, a non-compete agreement is considered to be void unless it meets the following conditions:

The agreement does not impose an undue hardship on the employee
The agreement does not injure the public
The employee is given the proper time and consideration before signing
The agreement is related to a valid employment relationship
The agreement only lasts as long as is necessary to protect a legitimate business interest the employer has

If your non-compete agreement complies with these conditions, it should be valid and binding. This means that you have the right to seek damages through a breach of non-compete agreement lawsuit.

You could seek monetary damages or injunctive relief through a lawsuit of this nature. Let’s turn our attention over to these next.

What Is Injunctive Relief?

If your primary goal is to protect the company’s interests, the easiest damage to get granted is injunctive relief. When a non-compete agreement is shown to be valid, injunctive relief can be sought to prevent the employee from continuing to break the agreement. In this case, that would mean they stop working for your competition.

Injunctive relief can be sought through a preliminary injunction. A preliminary injunction requires you to show that you are likely to win a lawsuit. This is done by showing that you have a valid agreement, that the other party is violating the agreement, and that there is a valid company interest to protect. If you can present the evidence to show this, then you can have the court uphold the non-compete agreement throughout the length of the lawsuit.

Keep in mind, however, that you aren’t guaranteed to win just because you had a preliminary injunction granted. While you are likely to win, lawsuits always leave room for curveballs and surprises. Even if you are granted a preliminary injunction, you should treat the lawsuit seriously until the very end.

What Kind of Monetary Damages Can Be Recovered?

While it is fairly easy to win injunctive relief, it is typically much more difficult to recover monetary damages through a breach of non-compete agreement lawsuit. This is due to the fact that it requires you to prove a lot more to win monetary damages than it does to win injunctive relief. With injunctive relief, you need to prove that there is a valid contract and that it is being violated. To win monetary damages, you need to prove that you lost profits due to the breach in question.

However, if you did lose profits, then the monetary damages you can recover will vary depending on the amount you are able to prove. Of course, this is assuming that you seek compensatory damages. This is the most common form of monetary damage sought, but it isn’t the only one. You could try to seek punitive damages. However, you need to show that there was malicious conduct.

Of course, you may have had liquidated damages included in the contract. These are damages written into a contract to punish any breach of said contract. These can get complicated, but that’s the nature of cases like these.

Don’t forget, too, that the losing party may be responsible for paying the other side’s attorney fees and court costs. However, this requires the winning party to ask for this punitive punishment, and your conduct needs to have earned it. If you comport yourself appropriately, then these shouldn’t be an issue.

When Should I Contact an Attorney?

If you suspect that there has been a breach of contract, it is a good time to contact an attorney. They can help you to take quick action to hopefully resolve the issue before you face repercussions. Our law firm would be proud to assist you and help you determine whether there has been a breach of contract.

Schedule your initial consultation by contacting our Deerfield, IL, law offices at 847.654.9200. Contact us today .

The post Types of Damages Available in Breach of Non-Compete Agreement Cases appeared first on Deerfield Employment Law Firm .

What Is A Restrictive Covenant?.

Tue, 07 Feb 2023 14:50:00 GMT

What Is the Purpose of a Restrictive Covenant?

While the term “restrictive covenant” might be a bit esoteric, it is easy to understand what it means. Many people don’t realize that the word covenant means an agreement. With that piece of the puzzle in place, it is easy to see that a restrictive covenant is a kind of agreement that restricts one of the parties.

Restrictive covenants can appear in several different fields. They are quite common in real estate, for example, where they are used to set limitations and restrictions on things like landscaping, fence heights, building heights, the number of vehicles allowed, and just about everything else you can think of.

The way that most people encounter restrictive covenants is through their employment. An employer may include restrictive covenants as part of the paperwork new employees must sign. There are several common clauses that are used in this way. We’ll discuss these in more depth in a moment.

For an employer, a restrictive covenant is a way of protecting their business interests. They may use them to prevent an employee from working with them during their training, then take what they learned to another company instead. Keep in mind, however, that new laws have made it harder for employers to use restrictive covenants on their employees. We’ll discuss these more after we explore the types of restrictive covenants.

What Types of Restrictive Covenants Are There?

Restrictive covenants come in a few forms, though they all have the same ultimate goal. Whether you are talking about a non-compete clause, a non-disclosure agreement, or a non-solicitation clause, the purpose is to protect the employer and their investment in their employees, customers, and trade secrets.

The types of restrictive covenants that an employee is likely to encounter include (but are not limited to) the following:

Non-Compete Clauses: Non-compete clauses are considered to be the most restrictive of the common clauses. As such, they are also the hardest to enforce. Non-complete clauses are designed to prevent an employee from seeking employment from a business within the competing field. Non-compete clauses can be written to be very specific or very broad
Non-Solicitation of Customers: Non-solicitation clauses are much easier to enforce compared to non-compete clauses, primarily because they are a lot less restrictive. A clause that prevents the solicitation of customers is designed to stop employees from poaching clients from their employer
Non-Solicitation of Employees: These clauses prevent the signer from trying to poach employees from a company. For example, a tech start-up might include this clause because they are getting a bunch of talented engineers together, the type of people that might quit to pursue their own app idea. If that happens, they want to only lose one employee, not half their staff
Non-Disclosure Agreements : Non-disclosure agreements are not very restrictive. They are designed to prevent people from revealing trade secrets ahead of schedule or to keep those secrets out of competitors’ hands. It is important to note, however, that an NDA is not intended to keep a crime secret. If an employer has you sign an NDA to stop you from contacting law enforcement or the labor board, they are only further breaking the law by trying to trick you into silence

Can an Employer Demand Any Restrictive Covenants They Want?

There are very specific laws that specify when an employer is allowed to use a restrictive covenant and what they are allowed to demand in this manner. Before getting further into it, a good rule of thumb is to trust your gut. If a demand seems unreasonable, then it is worth flagging and having an attorney look over it before signing.

If you make less than $75,000 a year, your employer should not ask you to enter into a non-competition agreement. They may ask, but they could not legally enforce that clause. Also, you can’t enter into a non-solicitation agreement unless you earn more than $45,000 a year.

Let’s say, for the sake of an example, that you make $100,000 in a year. You could be asked to sign non-competition and non-solicitation agreements. Even in this case, your employer would still have to prove that there was adequate consideration. This means that there has to be some reason for the employee to sign the agreement. If they are to work for two years after signing, this would count.

But this means that an employer can’t just subject their employees to restrictive covenants as they want. They must be in a position to legally do so, and even then, they must have a legally acceptable reason for doing so.

What Happens If You Breach a Covenant?

Breaching a covenant can be a weird experience. For some people, it means that nothing happens. For others, it can be a very expensive mistake.

When you breach a covenant, you leave yourself open for legal action. The other party may deem the breach to not be worth their attention, in which case you would be liable, but nothing comes of it. If they decide they want to enforce the covenant, then you will be taken to court.

If they can prove that the covenant is legally enforceable and you have indeed breached it, then you could face the consequences depending on what covenant you broke, how you profited from it, how it affected the other parties, and other relevant factors.

What Should I Do If I Suspect My Employer Had Me Sign an Unreasonable Restrictive Covenant?

Since an employer has to follow specific rules regarding restrictive covenants, there is a good chance that the restrictive covenant is not enforceable. However, the only way to be sure about that is to speak to an experienced attorney and have them look into the matter for you. Make sure you bring a copy of the relevant paperwork.

On the other hand, if you are an employer that is looking to make use of a restrictive covenant, then you should also contact an attorney. They will be able to help you to write your clauses in a way that ensures they are legally enforceable.

The IL Employment Law Attorneys at ST Legal Group Can Help

S.T. Legal Group of Deerfield, Illinois, has years of experience helping clients with the complexities of employment law.

The post What Is A Restrictive Covenant?. appeared first on Deerfield Employment Law Firm .

How are Transactional Law and Litigation Different?

Fri, 06 Jan 2023 04:56:00 GMT

When you own a business, it always helps to work with an attorney to ensure that everything runs smoothly. In most cases, business owners are going to find themselves working with transactional lawyers primarily. The skills that a transactional lawyer brings to the table can really provide a lot of benefits to employers.

Yet even with the best planning, business owners and employees both can find themselves in need of a good litigator. Litigation is the act of taking a dispute to court, after all. It can be simple, or it can be incredibly complex. Transactional law and litigation are often intertwined, such as in cases like contract disputes, but they are also two unique fields of legal practice.

To better understand how transactional law and litigation are different from each other, we will take a closer look at each of them. Then we’ll explore a few examples of when a business owner would want to work with a transactional law attorney or a litigation lawyer.

What is Litigation?

Litigation is the process of taking a dispute to court. This may sound rather broad, and that is because it is. Many different legal fields require litigation. Everything from getting a divorce to resolving a personal injury claim is done through litigation, and those fields couldn’t be more different.

If it were a perfect world, a business owner wouldn’t have any use for litigation. However, there are many cases situations where litigation may be necessary. For example, an employee may require litigation to make things right after being wrongfully terminated . An employer, on the other hand, may require a litigator after an employee violates a non-disclosure agreement.

Litigation is far more than fighting over a dispute in the courts. This is part of litigation. However, it is actually a rather small part of litigation. Most of what a litigator does happens well before entering the courts.

Litigators spend a lot of time analyzing claims, negotiating with relevant parties, gathering evidence, investigating leads, and more. A good litigator has to also be great in the courtroom, but their skills often allow them to resolve disputes without ever entering the courtroom.

Litigation is a much more reactionary practice than transactional law. Litigators are reacting to disputes. Much of what transactional lawyers do, however, is helping to prevent disputes in the first place.

What is Transactional Law?

A transactional lawyer doesn’t focus on the courtroom the way a litigation lawyer does. Even in cases where litigation lawyers are able to bring the business to a close before entering the courtroom, the whole process is based on the act of bringing a dispute to court. Transactional lawyers aren’t interested in court; in fact, transactional lawyers spend a lot of time helping their clients to avoid court.

They do this by ensuring that their clients are abiding by the law. They help to draft contracts to ensure that all the terms are legally enforceable and that the contracts don’t leave room for exploitation. They can help with mergers, sales, and acquisitions.

Transactional lawyers are fantastic for transactions, as the name might suggest. Whenever you are involved in a major transaction, it may not be a bad idea to consider seeking out the assistance of a transactional lawyer. They’ll look over all the relevant documentation, negotiate on behalf of your and your company, and make sure that everything is in order. That way, you don’t make the biggest deal of your life only to realize a small error that opened you up to liabilities you hadn’t ever considered.

Transactional lawyers spend their time conducting research, reviewing contracts, drafting contracts, and generally advising their clients about relevant laws and regulations. The whole purpose of all of this is to help their clients to avoid litigation in the first place.

When Would a Business Work With a Transactional Lawyer or a Litigation Attorney?

Any business is going to benefit from working with a transactional lawyer. This is true whether the business is just starting or has been running successfully for many years. A new business will need to have contracts drafted, and newer business owners can benefit greatly from the advice a transactional lawyer can offer.

Older businesses, on the other hand, may not see the need for a transactional lawyer. After all, if it has been running successfully for years already, then what could a transactional lawyer offer? But just because there hasn’t been a problem so far, that is no reason to assume that there will never be one. A transactional lawyer can help to review contracts and ensure that there aren’t any glaring errors that could result in legal issues down the road.

While transactional lawyers are always useful, litigation lawyers aren’t necessary unless there is some litigation that has to be done. Litigation lawyers may be useful in commercial disputes, such as when a contract is breached. But litigation is reactionary. A tool used to settle a dispute.

Employees often have more need for litigation than businesses themselves, as litigation may be used to address wrongful termination, sexual harassment, discrimination, or other negative behaviors that employers may engage in.

It is worth noting again that these two fields can often overlap. Contract disputes are one such area. The writing and reviewing of a contract is a matter of transactional law, but resolving a contract dispute may require litigation. In a situation like this, a litigator may call on the skills of a transactional lawyer to review the relevant documentation in the case.

When Should I Approach an Attorney?

If you believe that you could benefit from the services of either a transactional law attorney or a litigation attorney, then you should reach out to an experienced attorney immediately. They will be able to help you to get a grasp on your situation.

If you are a business owner and you haven’t worked with a transactional attorney, you should consider reaching out to one sooner rather than later. It is always going to be easier and cheaper to invest resources into preventing legal issues than it will be to respond to them.

The IL Employment Law Attorneys at ST Legal Group Can Help

If you believe that your employer has wrongfully terminated you or illegally retaliated against you in any way, the attorneys at ST Legal Group can help. To learn more, or to schedule a consultation, contact us today !

The post How are Transactional Law and Litigation Different? appeared first on Deerfield Employment Law Firm .

What Can a Transactional Lawyer Help Me With?

Fri, 23 Dec 2022 00:20:00 GMT

A transactional lawyer, who is sometimes called a business law attorney or an employment lawyer , can be one of the most valuable allies you can have on your team as an employer. This is because transactional lawyers offer services to their clients, either individuals or organizations, to help ensure that everything they do is legal, especially contracts. While these services are clearly valuable to employers, there are situations where an employee or a freelancer would want to work with a transactional lawyer.

If you have never thought about how a lawyer could help to improve your business, then it might be hard to imagine what a transactional lawyer could bring to the table. To better understand the value of working with a transactional lawyer, we will first take a closer look at what transactional lawyers do. With this in place, we’ll return to the ways that a transactional lawyer could help you, as well as the benefits of hiring a transactional lawyer.

What Does a Transactional Lawyer Do Exactly?

A transactional lawyer oversees contracts and agreements, primarily in situations where finances are involved. For example: recently, Elon Musk purchased the social media company Twitter. With over forty billion dollars involved in the transaction, both Twitter and Musk hired excellent transactional lawyers to ensure that everything went as smoothly as possible.

These lawyers would act in the same fashion as any transaction lawyer. They would verify any documentation involved in the transaction. They would negotiate on behalf of their client regarding changes to specific clauses in the contracts . Additionally, they would offer legal counsel, and advice pulled from years of experience in the field.

Transactional lawyers are definitely recommended in cases like this, where a business is being bought or sold. However, this is far from the only situation in which a transactional lawyer could be helpful. Mergers and acquisitions, real estate transactions, licensing, trademarks, employment agreements , formation of legal entities, and income tax filings are all examples of the kind of work that a transactional lawyer may take on. Of course, it will depend on the specific transactional lawyer you work with, what their strengths and weaknesses are, and whether or not they specialize in any specific area.

How Could a Transactional Lawyer Help Me?

A transactional lawyer may be able to help with several different areas of expertise. For example, some transactional lawyers deal more with estate planning issues than employment law issues. These lawyers would help with drafting wills, trust agreements, and the like.

Where you’ll find transactional lawyers the most helpful is in matters of employment law. When you are an employer, there is a lot that hangs over your head. You have to ensure that you stay above the board in many different areas at once. You have employment agreements that need to be drafted and signed, real estate transactions to expand your operations, and acquisitions to absorb the competition.

The term “transactional” suggests that lawyers in this field are primarily used to ensure that large transactions proceed without any issues. While this is true, it also obscures the importance of working with a transactional lawyer. Even if your company is not involved in large transactions, you can and should still consider working with a transactional lawyer.

A lot of what a transactional lawyer does is beneficial to any company. Contracts may not seem like the most crucial part of your business, but they can save you a lot of trouble down the road. Working with a transactional lawyer to ensure everything is above board can protect you from future litigation or disputes. By ensuring that your business is in order, a transactional lawyer provides you with protection against potential liability issues. Hiring a professional may seem like tossing away money, but it’s money well spent when it means avoiding a far more expensive lawsuit.

What Are the Benefits of Hiring a Transactional Lawyer?

There are many benefits to hiring a transactional lawyer, such as the following:

You can rest assured in the knowledge that the contracts that you or your company use have been drafted by a professional, which means that they have been considered in-depth and according to the letter of the law
You can trust that any transactions your business makes are going to be scrutinized so as to identify and then solve any problems prior to the completion of the transaction, rather than having to scramble to fix things after the fact
You have a layer of protection against litigation since you worked with an experienced professional whose job is to help you avoid legal issues and liabilities
If you are in need of a transactional lawyer with a different set of skills for another line of inquiry, yours can offer you recommendations on who you should trust
You’ll have more free time to focus on the areas of the business that need your attention since you won’t have to research legal matters on your own
Adding a lawyer to your transactions may result in better deals since you have a legal professional backing you up
A transactional lawyer may be able to act as an intermediary in specific issues, which allows you more time for what excites you
An experienced lawyer will have networking connections that may prove helpful

When Should I Consider Hiring a Transactional Lawyer?

If you’ve read the above sections and found yourself wondering if you should hire a transactional lawyer, chances are good that you should. At the very least, you should reach out to a transaction lawyer and see about arranging a meeting. Bring along any questions you have and the reasons why you think a transactional lawyer is necessary. The chances are that you’re right, and you can discuss what steps to take next.

If you’ve been running a business for some time, and you haven’t worked with a transaction lawyer, then you really should consider doing so. You may have been opening yourself up to certain liabilities without realizing it, and that might come back to haunt you at any time.

The IL Employment Law Attorneys at ST Legal Group Can Help

S.T. Legal Group of Deerfield, Illinois, has years of experience helping clients with the complexities of employment law.

The post What Can a Transactional Lawyer Help Me With? appeared first on Deerfield Employment Law Firm .

What is the Family Bereavement Leave Act?

Sun, 13 Nov 2022 05:40:00 GMT

Losing a loved one is never an easy experience. It is filled with pain, regret, and a whole miasma of negative emotions. It is understandable that somebody would want to take some time for themselves, away from the hustle and bustle of the workforce, in order to deal with the experience.

Thankfully, Illinois has made some important changes in 2022 that will allow people the time they need to mourn through the enactment of the Family Bereavement Leave Act. This act, designed to fill a gap that the federal Family Medical Leave Act left open, guarantees up to two weeks, or ten days, of unpaid leave following the death of a family member.

To better understand how the Family Bereavement Leave Act (FBLA) works, our experienced employment lawyers will first take a look at the Family Medical Leave Act (FMLA). While this will allow us to understand how the FBLA addresses an issue that the FMLA misses, it is also important to note that these two systems work closely together. We’ll learn more about the interaction between the two, as well as exactly what the FBLA covers, below.

What is the Federal Family Medical Leave Act?

The FMLA makes it so that covered employees of covered employers can take twelve weeks of unpaid leave within a twelve-month period should they be faced with a serious medical condition. It may also be used to take time to care for a sick child, spouse, or parent. Additionally, you may also use it to take up to twelve weeks of leave to take care of a newborn child or a child that has been newly adopted. There are also rules specifically for those who have a loved one called to active duty.

The one thing that is missing from all of this is bereavement leave. The FMLA does not allow any bereavement leave. Illinois decided to put the FBLA into action to make up for this shortcoming. But before we talk about that, you may have noticed that we used the term “covered employees” and “covered employers,” but there’s a good chance that you didn’t know what that was referring to.

In order to qualify for medical leave under the rules of the FMLA, you must work for an organization that is covered by FMLA, and you must meet certain criteria in order to qualify yourself. If you have at least 50 employees, you will be a covered employer and will be required to post a notice saying that you are. Covered employees are individuals who have worked for a covered employer for at least twelve months, have worked 1,250 hours in the last twelve months, and work within 75 miles of at least 49 other employees.

If you are qualified for leave under FMLA, then you should be qualified for leave under FBLA, though for different reasons.

How Does Illinois’s Family Bereavement Leave Act Work?

What Illinois’s Family Bereavement Leave Act does is guarantee two weeks, or ten working days, of unpaid leave when a family member passes away. It was originally called the Child Bereavement Leave Act when it was enacted on July 29, 2016, but the changes put into place in 2022 make it much more widely available.

Nobody would argue that two weeks is enough time to mourn the loss of a loved one fully. The healing that needs to take place is going to take longer than the FBLA gives you. But the idea behind the FBLA is that those who have lost a loved one need time, not just to heal but also to deal with the sudden administrative tasks thrust on them, like planning or attending a funeral, dealing with probate lawyers, and the like. The FBLA allows you the time you need to take care of this stuff, so you don’t have to try to balance work at the same time.

Note, too, that if you lose more than one person in a twelve-month period, then you are entitled to take six weeks of leave within that period.

Rather than just allowing time off following the death of an infant, the FBLA allows time off following the death of a:

Child
Stepchild
Sibling
Parent
Mother-in-Law
Father-in-Law
Grandchild
Grandparent
Spouse
Domestic partner
Stepparent

In addition to the changes represented by that list, additional changes were made to when bereavement leave is allowed. Rather than just being for a death, bereavement leave may also be taken for:

A miscarriage
A stillbirth
A diagnosis that negatively affects a pregnancy
A diagnosis that negatively affects an individual’s fertility
An unsuccessful round of intrauterine insemination
A failed adoption match
A failed surrogacy agreement
An adoption that is contested and therefore not finalized
An unsuccessful round of an assisted reproductive technology procedure

So if you have suffered a recognized bereavement, you can take two weeks through the FBLA. However, this may be limited based on whether you have recently made use of the FMLA.

What Limitations Does the Family Bereavement Leave Act Have?

The biggest limitation of the FBLA is the way that it interacts with the FMLA. The FBLA allows you to take two weeks following a death, while the FMLA lets you take twelve weeks for medical reasons. If you have already taken those twelve weeks, then you cannot take two weeks through the FBLA.

However, if you have taken two weeks through the FBLA, then you can still take twelve weeks through the FMLA. That means that you can take the two weeks and then still take twelve, for a total of fourteen weeks in a twelve-month period. If, however, you took eleven weeks of FMLA leave, then you would only be able to take one week of leave through the FBLA.

Can an Employment Lawyer Help?

While you should not expect to run into any problems with the FBLA, reality is often a lot more difficult and frustrating than it is supposed to be. Employers may try to avoid their responsibility through devious means. If you are having problems, then it may be best to seek out a case evaluation with an experienced employment lawyer to learn more about the options that are available to you and how to best leverage them.

The IL Employment Law Attorneys at ST Legal Group Can Help

S.T. Legal Group of Deerfield, Illinois, has years of experience helping clients with the complexities of employment law.

The post What is the Family Bereavement Leave Act? appeared first on Deerfield Employment Law Firm .

What is the One Day Rest In Seven Act (ODRISA) and How Will it Change in 2023?

Tue, 01 Nov 2022 10:15:00 GMT

The State of Illinois enforces a number of wage and hour laws as well as other laws that protect your employment rights. If your employer is not properly and legally scheduling you and paying you, arrange at once to discuss your rights with a Deerfield employment rights attorney .

In May 2022, Governor J.B. Pritzker signed Senate Bill 3146 into law. It amends the state’s One Day Rest In Seven Act (ODRISA). What does ODRISA provide? How does Senate Bill 3146 change ODRISA? How does this law affect you, your employer, and your work schedule?

You will learn the answers to these questions if you keep reading this brief discussion of Illinois employment laws and your rights. You will also learn what a Deerfield employment rights lawyer will do on your behalf if your rights under ODRISA are violated by your employer.

How Does the Law Protect Workers in Illinois

Employees in Illinois have specific rights under federal law. The Fair Labor Standards Act of 1938 establishes every employee’s hour, wage, and overtime rights. Illinois also has a number of state laws that, in some cases, extend even more legal protection to workers than federal laws.

Illinois employment laws, for example, spell out pregnancy accommodation rights and require a higher minimum wage than the federal minimum wage. ODRISA was originally adopted to ensure that employees have meal breaks and at least one day off in every calendar week.

The amendments to ODRISA that will take effect in 2023 reduce the period of time in which employees are entitled to a day of rest. Senate Bill 3146 also adds an additional meal break requirement, and it increases the penalties for employers who violate an employee’s rights.

What Are the Changes to ODRISA?

When it takes effect in January 2023, Senate Bill 3146 will make a number of changes to ODRISA. Currently, the law requires an Illinois employer to schedule non-exempt employees for at least one day off every “calendar week,” meaning Sundays through Saturdays.

However, this means that an employee could conceivably be scheduled by an employer to work twelve consecutive days by having Sunday as a day of rest one week and working straight through until having Saturday as a day of rest the next week.

Senate Bill 3146 changes this. It establishes that non-exempt employees in Illinois must have at least one day of rest in each successive seven-day time period, no matter where those days are on a calendar week. The amendment also makes a number of other important changes to ODRISA.

What Else Does Senate Bill 3146 Change?

The amendment to ODRISA also establishes new requirements for employees’ meal breaks. Currently, employees have the right to an unpaid twenty-minute meal break for each 7.5 hours of work, and that break must be provided in the first five hours of a 7.5 hour work period.

Senate Bill 3146 changes that. Beginning in 2023, after working 7.5 hours, employees in Illinois will be entitled to another unpaid twenty-minute meal break for every additional 4.5 hours of work.

In practical terms, this means that employees who perform twelve-hour shifts will be provided with two twenty-minute meal breaks. Currently under the law, an employee must work for fifteen hours before he or she is entitled to a second twenty-minute break.

How Will ODRISA Violations Be Penalized?

Currently, employer violations of ODRISA are deemed “petty” offenses that may be penalized with a $100 fine. Senate Bill 3146 makes employer violations of ODRISA “civil” offenses with heightened penalties beginning in 2023.

Employer violations of ODRISA will be penalized starting in 2023 with a fine of up to $250 for employers who have fewer than twenty-five employees and a fine of up to $500 for larger employers.

Illinois employers may also be ordered to compensate employees whose ODRISA rights have been violated – up to $250 in damages for employers who have fewer than twenty-five employees and up to $500 in damages for larger employers.

What Other Changes Will Be Made to ODRISA?

Finally, Senate Bill 3146 requires employers in Illinois to post a notice prepared by the Illinois Department of Labor (DOL) which summarizes ODRISA requirements and tells employees how to submit a complaint to the Illinois DOL.

Employees who work remotely must receive this notice of ODRISA requirements by email or through a notification on the employer’s website. An Illinois employer who fails to post this notice of ODRISA requirements may be fined up to $250.

Are Your Employment Rights Being Violated?

Despite state and federal laws and aggressive enforcement efforts, a few shady employers still operate in Illinois and use a variety of schemes to deny employees their wages and their rights. An employer may:

change your timesheet or ask you to work off the clock
ask you to work too many days in a row without a day of rest
fail to provide meal breaks – or deduct those hours even if you worked through breaks
pay you straight time for overtime hours

All of these actions clearly indicate that an employer is trying to cheat you – and that you need to speak with a Deerfield employment rights lawyer.

When Should You Contact an Employment Rights Attorney?

If you are not being properly paid or properly scheduled, or if any of your employment rights are being violated by your employer in or near the Deerfield area, it is important to discuss your case and your rights as quickly as possible with a Deerfield employment rights attorney.

Employees in Illinois enjoy extensive rights, and most employers strive to comply with employment laws. However, employees and employers should both know that if an employee’s rights are violated, the courts in Illinois are serious about upholding and enforcing those rights.

What Will Your Employment Rights Attorney Do on Your Behalf?

Employer-employee disputes can often be resolved through mediation or arbitration without taking the dispute to court. However, your Illinois employment rights attorney will take whatever legal steps are necessary to protect your employment rights and win justice on your behalf.

If your claim against your employer goes to trial, and if you and your attorney can prove that an employer violated your rights, the court may order the employer to compensate you for your lost wages, your legal fees, and your other related losses and damages.

You cannot let an employer violate your rights. It does not happen often in Illinois, but if you become the employee whose rights are violated, compile any documents or other evidence that proves your claim, and contact an Illinois employment rights lawyer immediately.

The IL Employment Law Attorneys at ST Legal Group Can Help

S.T. Legal Group of Deerfield, Illinois, has years of experience helping clients with the complexities of employment law.

The post What is the One Day Rest In Seven Act (ODRISA) and How Will it Change in 2023? appeared first on Deerfield Employment Law Firm .

What Evidence Do I Need for a Wrongful Termination Case?

Thu, 06 Oct 2022 10:03:00 GMT

Work isn’t always a fun place to be. There are deadlines and frustrating clients and coworkers. Yet most of us need to work in order to pay our bills and keep ourselves floating above water financially. Few things are more destabilizing than losing our jobs. It’s one thing to be fired because we did a bad job or aren’t up to the task at hand, it’s another to be fired due to something like the color of your skin or your sexual orientation. Both of these examples fall under the category of wrongful termination. Should you have been wrongfully terminated, then you could pursue a wrongful termination lawsuit, but these are quite difficult, so it is important to gather evidence and build a strong case. Today we’re going to look at how Illinois’ wrongful termination laws work to see what counts as wrongful termination, why it’s so hard to prove a termination was wrongful in an at-will state, and what type of evidence you should gather in order to prove that your termination was wrongful.

What Is a Wrongful Termination?

The color of their skin
Their religion
Their sex
Their sexual orientation
Their age
Their workers’ compensation status
They filed a sexual harassment lawsuit
They reported illegal activity
They got pregnant

These are all protected. Discrimination is not a reason for termination, and if it was, then that termination was wrongful. It would also be wrongful if they were fired as retaliation for something like filing for workers’ comp or reporting illegal activity. Another wrongful termination is one that goes against what is in the employment contract. Certain forms of leave are also protected, such as having to leave for jury duty, using vacation days, or anything covered by the Family and Medical Leave Act. While discrimination certain continues to happen despite being against the law, it’s important to consider how Illinois’s status as an at-will state makes wrongful termination cases harder to win.

Why is it Harder to Prove Wrongful Termination in an At-Will State?

What Evidence Can Be Used to Prove a Termination Was Wrongful?

Can You Be Terminated for Your Conduct Outside of Work?

When not at work, you may not be thinking about your conduct and how it may impact your job. However, it’s important to determine whether or not your conduct outside of work could have you legally terminated from your job. Whether or not you can be terminated from your job depends upon whether what you did was protected under state law and whether or not you’re an at-will employee.

At-will Employees

If you aren’t a union worker or a government employee who has special protection, you are likely an at-will employee. At-will employees can be fired for any reason – or no reason at all – so long as the reason isn’t illegal. Most employees are categorized as at-will, even those who aren’t under an employment contract.

But while at-will employees can be terminated at any time without notice or reason, they are also permitted to quit their job without notice or reason. This means that you can be terminated or quit for a bad reason. You can be the best at your job and still be terminated.

What Reasons Are Illegal?

As mentioned, you can be terminated for any reason so long as the reason is not protected under federal law. Under federal law, employers are not allowed to terminate their employees based upon their protected class. Simply put, an employer may not terminate an employee because of his or her race, religion, sex, nationality, disability, or sex. There is no federal protection for employees due to their sexual orientation or gender identity. This means that in most of the country you can be terminated from your job for being gay or transgender. However, under the Illinois Human Rights Act, Illinois is one of just 18 states in the U.S. to prohibit discrimination on the basis of sexual orientation and gender identity.

This means that aside from being terminated because you belong to any of these protected groups of people, you can be terminated for any other reason. This means that your employer can choose to terminate you from your position because of what you do outside of work. Maybe you spend your time outside of work golfing and your employer hates golfing. Your employer would be within his or her legal right to terminate you because of this. It doesn’t matter that you are golfing outside of work – off the clock.

What Should I Do If I’ve Been Wrongful Terminated?

The best thing to do is reach out to an employment attorney for a case evaluation . They will be able to look at the circumstances of your case and determine whether or not you have the grounds necessary to proceed with a wrongful termination lawsuit . These can be difficult to win, so it’s important that you work with an experienced attorney that knows what goes into winning a case of this nature.

The IL Employment Law Attorneys at ST Legal Group Can Help

S.T. Legal Group of Deerfield, Illinois, has years of experience helping clients with the complexities of employment law.

The post What Evidence Do I Need for a Wrongful Termination Case? appeared first on Deerfield Employment Law Firm .

What to Know About Overtime Pay in Illinois

Mon, 28 Mar 2022 19:38:00 GMT

When an employee in Illinois works more than 40 hours per week, they will likely be entitled to overtime pay. While the federal government has restricted who can receive overtime benefits, Illinois can still override these restrictions, which it often does.

Exceptions for Exempt Jobs

Illinois does not prohibit the number of hours anyone over 16 years of age can work. However, in general, unless you are in an exempt class of workers, if you work over 40 hours per week you are entitled overtime at 1.5 times your normal rate of pay. However, different jobs, often referred to as “exempt jobs,” have different exceptions to this rule. For instance, secretaries and managers are often exempt from this.

The Fair Labor Standards Act

The Fair Labor Standards Act (FLSA), which is a federal law, governs overtime laws. The FLSA helps to ensure that workers receive payment for their hours worked, including overtime pay. However, overtime pay sometimes remains unpaid for various reasons. One reason that this goes on without employees receiving payment is that they are unaware that they are even entitled to overtime pay.

Overtime payments are calculated on the basis of a worker’s average hourly rate – even if that worker receives a salary or commission. In other words, the average hourly rate, in that case, would be calculated from the salary or commission (the total pay in a workweek divided by the total number of hours worked).

Employee or Company Worker vs. Independent Contractor

It’s important to note that independent contracts may not receive overtime pay since they are technically not company employees or workers. This is not to say that some people are not incorrectly classified as independent contractors. You can often tell if you are working for a company versus as an independent contractor if the employer has control over things like how you dress, what your schedule is like, or if they provide you with equipment or prohibit you from working for their competitors. If this is the case, it’s likely that you are an employee regardless of how you have been paid up to this point.

Another consideration concerning overtime pay is your employer’s total revenue. If your employer’s annual revenue is less than $500,000, they are generally not required to pay out any overtime benefits.

The IL Employment Law Attorneys at ST Legal Group Can Help

If you or a loved one is dealing with any work-related issues, including being denied overtime pay to which you believe that you are entitled, it’s imperative that you protect yourself and your legal rights. That’s why it’s in your best interest to consult with a qualified lawyer. A knowledgeable and experienced Illinois employment law attorney can help you to fight for what you deserve. The qualified attorneys at ST Legal Group can help to protect your employment rights. To learn more, or to schedule a consultation, contact us today!

The post What to Know About Overtime Pay in Illinois appeared first on Deerfield Employment Law Firm .

What Damages Can You Recover if You Successfully Prove Sexual Harassment?

Fri, 25 Mar 2022 19:05:00 GMT

Under Title VII of the Civil Rights Act of 1964, employers are prohibited from discriminating against people on the basis of a number of protected groups: race, religion, color, national origin, or sex. Sexual harassment is considered a form of sex discrimination and therefore violates the Act.

Federal and State Protection

According to the Equal Employment Opportunity Commission (EEOC), sexual harassment is any “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature…when submission to or rejection of such conduct is used as the basis for employment decisions…or such conduct has the purpose or effect of…creating an intimidating, hostile or offensive working environment.”

In addition to federal law, Illinois also precludes such conduct at the state level. Sexual harassment and other discriminatory conduct are illegal under the Illinois Human Rights Act, which is enforced by the Illinois Department of Human Rights. According to the state Act, sexual harassment includes any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when:

Submission to such conduct is either expressed or suggested
Submission or rejection of the conduct by an employee is used as a basis for employment decisions affecting that employee; or
Such conduct interferes with the employee’s job performance or creates an intimidating, hostile, or offensive work environment

Sexual Harassment in Higher Education

It’s also important to note that in higher education, sexual harassment includes any unwelcome advance or request for sexual favors made by an executive, administrative staff, or faculty member to a student or any conduct of a sexual nature exhibited by such person(s) toward a student when such conduct substantially interferes with the students’ educational performance or creates an intimidating, hostile, or offensive educational environment.

If you believe that you have been sexually harassed or discriminated against in Illinois, you must file a charge with the Illinois Department of Human Rights within 180 days of the incident – whether or not you are trying to use other methods, such as through your union, to resolve the issue. You may however withdraw your charge if the issue is resolved through the other method.

You must also file a charge of sexual harassment, or discrimination, with the EEOC within 300 days of the alleged act(s) or 30 days after receiving notice that the Illinois Department of Human Rights has terminated its processing of the charge, whichever occurs first. Then, if the EEOC does not reach a finding within 180 days of filing your charge, you must request a Notice of a Right to Sue letter. Then a lawsuit claiming sexual harassment under Title VII of the Civil Rights Act of 1964 must be filed within 90 days of the EEOC issuing the Right to Sue letter.

If you are successful in your claim of sexual harassment (discrimination), you may receive a variety of damages. Such damages include:

An order demanding that the harassment cease
Recovery of lost wages and other job-related losses that occurred because of the harassment
Compensation for personal injuries (this also includes mental and emotional injuries in addition to physical ones)
Punitive damages against the harasser(s) and/or company; and
Recovery of attorneys’ fees and costs

The IL Employment Law Attorneys at ST Legal Group Can Help

If you have been discriminated against in the workplace and believe that it is because of an illegal reason (a state-protected reason or a reason related to you belonging to a protected class of people), you should be able to remedy the situation through monetary compensation and/or reinstatement to your position. A reputable advocate for toxic workplace situations can help you to fight for what you deserve. The qualified attorneys at ST Legal Group can help to protect your employment rights. To learn more, or to schedule a consultation, contact us today!

The post What Damages Can You Recover if You Successfully Prove Sexual Harassment? appeared first on Deerfield Employment Law Firm .

What is the Color Discrimination?

Wed, 16 Feb 2022 20:57:00 GMT

If you are employed in Illinois, there is a good chance that you are considered to be an “at-will” employee. This means that your employer can terminate you for (just about) any reason or no reason and you may quit for the same. However, there stand some exceptions to this. Employers may not terminate (or discriminate against) an employee merely for the fact that they fall into a certain (protected) group of people. In other words, an employer may not discriminate against an employee because of his or her race, color, national origin, religion, sex (for wage discrimination), disability, sexual orientation, gender identity, or age (40 and older). But while most of this is clear, people often fail to understand the difference between someone’s race and color.

Color vs. Race

Color and race are different. Color refers to someone’s complexion or skin color. Someone can discriminate against you because of your race. But they can also discriminate against you based on your skin color, possibly perceiving you as a different race. For instance, someone might discriminate against an employee because they are Mexican or they may discriminate against someone because of their skin color because they believe they are Mexican). You don’t have to be the race that you are perceived to be in order for this discrimination to be illegal.

If you are able to prove that you were discriminated against due to your race or skin color, you may have a claim under the U.S. Equal Employment Opportunity Commission (EEOC).

What Behavior is Discriminatory?

So, what does discriminatory behavior look like? Any of the following can be considered discrimination:

Receiving further requirements of inquiries during the hiring process when compared to other candidates
Being harassed
Being segregated or classified based on your skin color
Receiving less compensation
Not receiving the same employment terms, conditions, or privileges as others
Retaliating against you – especially after you bring a discrimination claim

Always Report Incidents of Discrimination

In Illinois, you have 180 days from the date of when you believed you have been discriminated against by your employer to report it. Federal employees only have 45 days.

If you fail to report the discriminatory behavior within this time, you may be barred from recovering any compensation. That’s why it’s so important to file a claim as soon as you can. It’s in your best interest to consult with a qualified Illinois employment law attorney who can help to assess your case and walk you through the process.

The IL Employment Law Attorneys at ST Legal Group Can Help

If you believe that you have been discriminated against because of the color of your skin, you may be entitled to monetary compensation and/or reinstatement to your position. A knowledgeable and experienced Illinois employment law attorney can help you to fight for what you deserve. The qualified attorneys at ST Legal Group can help to protect your employment rights. To learn more, or to schedule a consultation, contact us today!

The post What is the Color Discrimination? appeared first on Deerfield Employment Law Firm .

What Are Reasonable Accommodations Under the Americans with Disabilities Act?

Sun, 13 Feb 2022 20:41:00 GMT

The Americans with Disabilities Act (ADA) was enacted in 1990 in an effort to protect individuals with disabilities from being discriminated against due to their disability. The ADA ensures that these individuals are entitled to fair housing, education, public accommodations and transportation, telecommunications, and employment. In order to enforce the Act, businesses are required to provide “reasonable accommodations” for such individuals and prohibit discrimination.

The ADA applies to businesses, organizations, labor unions, employment agencies, and government agencies that employ a minimum of 15 workers.

What Constitutes a Disability Under the ADA?

To receive protection under the ADA, an individual must have a medical condition that meets the definition of disability. This includes any of the following:

A physical or mental impairment that substantially limits one or more major life activities
A history of physical or mental impairment that substantially limits one or more major life activities; or
Being regarded by others as having a disability

It may be arguable as to which conditions qualify as a disability under the ADA since the Act fails to specifically list impairments that meet the requirements. Ultimately, the most important factor of whether someone has a disability under the ADA is whether their condition substantially limits at least one major life activity.

All Employment Decisions are Included

The ADA prohibits businesses from discriminating against individuals with disabilities through all employment decisions. This includes the following:

Recruitment
Hiring
Benefits (health insurance, retirement accounts)
Wages
Opportunities for training
Assignments or shifts
Work conditions
Termination

Under the ADA, businesses are prohibited from discriminating against workers with disabilities. This applies to all employment decisions including:

Recruitment
Hiring
Wages
Benefits
Training opportunities
Work conditions
Assignments, projects, or shifts
Termination

Additionally, it is the responsibility of the business to take action against any instances of harassment or discrimination by any supervisors, co-workers, or clients against an individual with a disability.

Which Accommodations are “Reasonable?”

Under the ADA employers are required to provide reasonable accommodations. But what exactly is reasonable? A reasonable accommodation would be a different way of doing something that allows an individual with a disability to still perform all essential job tasks. However, it’s important to note that an employer is not required to provide any accommodations that would create an undue hardship for it. This is determined on a case-by-case basis and would take into account things such as the size of the business, the financial health of the business, and the responsibilities of the worker.

The IL Employment Law Attorneys at ST Legal Group Can Help

If you believe that you have been discriminated against under the ADA by your employer, you should be able to remedy the situation through monetary compensation and/or reinstatement to your position. A knowledgeable and experienced Illinois employment law attorney can help you to fight for what you deserve. The qualified attorneys at ST Legal Group can help to protect your employment rights. To learn more, or to schedule a consultation, contact us today!

The post What Are Reasonable Accommodations Under the Americans with Disabilities Act? appeared first on Deerfield Employment Law Firm .

What to Know About Severance Package Disputes in IL

Mon, 31 Jan 2022 21:25:00 GMT

When you lose your job, you may be concerned that you won’t be able to afford to pay your bills while you search for a new position. Luckily, for many people, a severance package will serve to keep you afloat while you find your new footing. A severance package is a monetary settlement that a company provides to an employee who has been terminated. Sometimes a severance package is based upon how much you made with the company, while other times it is standard for every employee who has been terminated.

Severance Packages May Be Negotiable

In the midst of gratitude for receiving this sum of money, many people fail to understand that the first offer for severance may be open to negotiation you may, in fact, be able to secure a larger settlement.

While severance packages are not required of employers, they have become customary for most businesses. Severance packages may also serve as consideration to indemnify the company at the time that the employee is terminated.

What Should You Do After Receiving a Severance Package?

When you receive a severance package, it’s important that you have a third party take a look at it. An employment attorney can help determine whether the severance is adequate considering your time with the employer, your years of experience, and other factors. It’s also important that you understand what you must provide in exchange for the severance; your rights and your responsibilities.

What if You’re Not Offered a Severance Package?

Even if you aren’t offered a severance package upon your termination, you may be able to acquire one. One of the best things that you can do is attempt to negotiate the terms of your termination prior to being terminated. The best time to negotiate a severance package is when you are hired. If you should have been entitled to different things during your tenure but never received them, you may be better able to negotiate your severance package.

Your employer may attempt to convince you that your severance package is non-negotiable – however, this is just not true. That’s why it’s always in your best interest to discuss your employment contract with an employment attorney prior to accepting a position. He or she will not only look at your severance package, but also the terms and clauses contained within your contract to be sure that you are being treated fairly.

The IL Employment Law Attorneys at ST Legal Group Can Help

If you have been offered a job position, it’s in your best interest to have a knowledgeable and experienced employment attorney review it – including any severance packages offered. A qualified Illinois employment law attorney can help you to fight for what you deserve. The qualified attorneys at ST Legal Group can help to protect your employment rights. To learn more, or to schedule a consultation, contact us today!

The post What to Know About Severance Package Disputes in IL appeared first on Deerfield Employment Law Firm .

Transgender Workers in IL Protected Against Workplace Discrimination

Fri, 28 Jan 2022 21:18:00 GMT

Unfortunately, discrimination in the workplace still occurs each and every day. This was the reason for the implementation of both federal and state protections. Under federal law, that no one can discriminate against someone else on the basis of their race, religion, nation of origin, age, sex, or color. Then, in 2006, the state of Illinois also added “sexual orientation” to its Illinois Human Rights Act (IHRA), in order to extend protection to those within the LGBTQIA community. Later on, Illinois further amended the act to include “gender identity.” This provides protection to transgender individuals.

Protected Groups Under the IHRA

Now, under the IHRA, employees in the following groups are protected:

Race
Color
Religion
Sex
National origin
Ancestry
Age
Order of Protection status
Disability
Arrest record (in employment)
Familial status (in housing)
Sexual orientation (including gender identity

Areas of Protection in the Workplace

The protection of these groups from discrimination extends to many aspects of employment:

Interviewing/Hiring
Selection
Transfer
Pay/salary
Tenure
Promotion
Discipline
Termination/discharge

Additionally, the Illinois Hate Crimes Act was amended in 2016 in order to provide specific protection to transgender people against hate and discrimination. The Act explicitly names gender identity as a protected group of people.

If someone violates either the Illinois Human Rights Act or the Illinois Hate Crimes Act, he or she is considered to have committed a crime and can therefore be prosecuted for their actions under state law.

Failure to Act When on Notice

It’s important to note that under recent case law when municipal employers fail to properly train their public employees regarding workplace violations that they have been made aware of, they may be considered to have condoned these violations of the law. This was the situation in the 2021 case of Arriaga v. Dart . In this case, Selene Danielle Arriaga, a transgender female police officer, filed a suit because her employer disclosed her status as a transgender woman as well as her private medical information and subsequently failed to stop discrimination and harassment that she faced as a result. While her employer filed to dismiss the case, the judge denied the request, holding the aforementioned to be true: when an employer is on notice of workplace violations but fails to do anything, it may be equivalent to condonation.

The IL Employment Law Attorneys at ST Legal Group Can Help

If you believe that you or a loved one has been discriminated against or harassed at your place of employment, and believe that it is because of an illegal reason (a state-protected reason or a reason related to you belonging to a protected class of people), you should be able to remedy the situation through monetary compensation and/or reinstatement to your position. A knowledgeable and experienced Illinois employment law attorney can help you to fight for what you deserve. The qualified attorneys at ST Legal Group can help to protect your employment rights. To learn more, or to schedule a consultation, contact us today!

The post Transgender Workers in IL Protected Against Workplace Discrimination appeared first on Deerfield Employment Law Firm .

Why You Should Always Have an Employment Agreement

Thu, 30 Dec 2021 17:08:00 GMT

Getting a new job is exciting! But while you may be relieved to start right away, it’s important that you first secure an employment agreement. An employment agreement is extremely helpful, as it includes the major terms of your employment such as your compensation, the duties of your job, and your benefits. Employment agreements are also imperative, as they inform – and protect – you concerning what is to happen should your employment come to an end and who you are – and are not – allowed to work for once your employment is over.

Terms to Include

While an employment agreement can house a variety of essential information, there are some that it is important you ensure it touches upon. These items include:

The length of the agreement
Your salary/compensation
Your benefits
Your vacation time
Your sick time
Your other paid time off (PTO)
Your job duties
Your schedule
Any confidentiality agreements
Information on termination
Information on your severance pay/benefits
Any restrictive covenants or non-compete clauses
Any trade secret protection

Additional Terms

You may also want to consider ensuring that it covers the following additional topics:

Travel expenses
Relocation expenses
Reimbursement for professional insurance
Dispute resolution means

It is in your best interest to have a trusted individual, such as a qualified attorney look over your employment agreement before your sign it. This is because it’s very possible that you will have to stick with the terms of your agreement, even if you later discover them to be wildly unfair or unreasonable.

Severance Pay

Even when you are just starting a job, it’s important to consider what will happen when it comes to an end. This is something that should be addressed in your employment agreement. It is extremely helpful to negotiate a severance package even before your start working for your employer. Illinois does not require the payment of severance; therefore you will have to negotiate to receive something in your employment agreement or face being left with nothing.

Since your proposed employment agreement will undoubtedly be written in the interest of your future employer, it’s very important to work with the right employment law attorney . A knowledgeable and experienced Illinois employment attorney can help you to take the proper steps to maximize your compensation, ensure your job security, and set you up for success in your new role – and after it.

The IL Employment Law Attorneys at ST Legal Group Can Help

If you are looking to begin new employment it is so important to be sure that you have an employment agreement that reflects what is in your best interest and protects you from being taken advantage of. A knowledgeable and experienced Illinois employment law attorney can help you to establish an agreement that you deserve. The qualified attorneys at ST Legal Group can help to protect your employment rights. To learn more, or to schedule a consultation, contact us today!

The post Why You Should Always Have an Employment Agreement appeared first on Deerfield Employment Law Firm .

New Amendment Limits Conscious-based Vaccine Objections in IL

Thu, 30 Dec 2021 16:39:00 GMT

The Illinois Health Care Right of Conscience Act was first passed in 1977 in an effort to protect health care workers from discrimination based upon their refusal to participate in the delivery or receipt of health care services that they deemed “contrary to their conscience.”

The Illinois Health Care Right of Conscious Act

However, as of late, some non-healthcare workers in Illinois have been relying upon this Act in an effort to claim that they are exempt from their employers’ COVID-19 vaccination or testing requirements. Under the Act, broad language was used to prohibit discrimination “against any person in any manner” who refuses to “obtain, receive or accept” health care services or medical care. Many employees have gone so far as to claim that their employers’ policies violated their rights under the Act.

In response to this issue, on November 8, 2021, Governor J.B. Pritzker signed an amendment into law related to the Illinois Health Care Right of Conscience Act. This amendment prevents employees from being able to use the Act in order to avoid their employers’ COVID-19 vaccine or testing requirements. This amendment to the Act is set to go into effect on June 1, 2022.

The Amendment

The amendment that is set to take effect next June clarifies the Act further to explain that it is not a violation of the Act for an employer “to take [or enforce] any measures or impose any requirements…intended to prevent contraction or transmission of COVID-19 or any pathogens that result in COVID-19 or any of its subsequent iterations.”

The amendment explains that it is clarifying existing law and is not a new law being enacted. But, since the amendment isn’t set to go into effect until next June, employees still have a large amount of time to continue citing their exclusion under the Act and bringing a lawsuit should their objection be denied.

The Federal Vaccine Mandate

However, with a federal vaccine mandate going into effect at the beginning of the year, it may supersede state law, anyone, nullifying employees’ objections under the Act anyway.

Things may get even more confusing for employers who operate in multiple states since different states have different approaches to belief-based objections to employer vaccination-related mandates. If this is the case, they should consult with legal counsel to be sure that they remain compliant with all relevant laws.

The IL Employment Law Attorneys at ST Legal Group Can Help

If you have been terminated from your job and believe that it is because of an illegal reason (a state-protected reason or a reason related to you belonging to a protected class of people), you should be able to remedy the situation through monetary compensation and/or reinstatement to your position. A knowledgeable and experienced Illinois employment law attorney can help you to fight for what you deserve. The qualified attorneys at ST Legal Group can help to protect your employment rights. To learn more, or to schedule a consultation, contact us today!

The post New Amendment Limits Conscious-based Vaccine Objections in IL appeared first on Deerfield Employment Law Firm .

OSHA Suspends Enforcement of New Employer COVID Vaccine Rule

Sun, 28 Nov 2021 19:57:00 GMT

There’s no doubt that how employers choose to deal with whether to require the COVID vaccination of their employees has been widely contested. The Labor Department’s Occupation Safety and Health Administration (OSHA) has announced the suspension of its enforcement of the newer Biden administration’s order concerning larger employers to require the COVID vaccination or undergo weekly testing.

OSHA Required to Stop Enforcement of Rule

While a federal appeals court reaffirmed the Biden administration’s vaccine rule, the agency ordered OSHA to stop the implementation and enforcement of the new regulation. OSHA commented on the situation by posting an announcement on its website stating that it “remains confident in its authority to protect workers in emergencies.”

It’s unclear as to whether the regulation will ultimately stay; the case is headed to the Sixth Circuit Court in Ohio, which is known for its republican-appointed judges. This has left businesses with a great amount of uncertainty as to what will be expected of them. The original plan required employers with more than 100 employees to choose by December 5 ^th whether to require their workers to be fully vaccinated or undergo weekly testing. Then, by January 4 ^th , businesses would be required to implement their decision.

Move Forward in Compliance or Risk Hefty Penalties

As a result of the short timeline, many businesses are continuing to move forward in compliance with the new regulation in order to remain in compliance should the regulation be upheld. There has been a “stay” placed on the law. Essentially there is a temporary pause on the regulation and the decision of whether or not to push “play” again will be determined by the upcoming appeal.

It’s likely that the ruling will come down before the original January 4 ^th deadline. This means that employers will want to be ready to comply with whatever decision is made, either way.

The situation is concerning considering that companies that fail to comply with the order could end up paying nearly $14,000 per employee not in compliance with the rule. Those businesses that are found to be in “willful violation” of the requirements could even face $136,000 fines.

There is a good possibility that this could end up before the Supreme Court before a final decision is made.

The IL Employment Law Attorneys at ST Legal Group Can Help

The post OSHA Suspends Enforcement of New Employer COVID Vaccine Rule appeared first on Deerfield Employment Law Firm .

Can You Be Fired Over Political Beliefs in IL?

Thu, 25 Nov 2021 19:23:00 GMT

It seems as though our society is more politically divided than ever before. But what if your employer and you share different beliefs? Can they fire you over political speech or your political affiliation?

An “At Will” Employment State

Illinois, which is an “at will” employment state, may be more likely to allow employers to terminate an employee over their political views than other worker-rights-focused states. An at will state is one in which an employer has the right to fire its employees for any reason so long as it’s not prohibited by an existing law. Under the Illinois Human Rights Act, there is no established language pertaining to private employer discrimination based on political speech or party affiliation. However, the Act does prohibit discrimination based on the following traits or classes:

Race
Religion
Color
Sex
Familial status
Nation of origin
Ancestry
Citizenship status
Age (40 and older)
Marital status
Sexual orientation (including gender identity)
Physical or mental disability
Pregnancy
Military status or discharge
Arrest record (in some situations)

Public Employees

Public employees are protected from termination as retaliation for exercising their First Amendment rights (free speech and assembly). This is because public employers are considered an extension of the government and therefore are subject to the First Amendment, which includes political activities.

Private Employers

As for private employers in Illinois, there is no state or federal law against discrimination based on political views. While many believe that First Amendment rights apply in any workplace, this is not true. The First Amendment only applies to government action and since private employers are not considered a part of the government. Employees at private businesses are not protected from being fired by a non-governmental employer for what they say. It can be a bit more complex when a private employer acts as a government contractor.

Laws to Keep in Mind

Coercion of a Vote

Even so, public employers must be careful because Illinois law prohibits them from attempting to coerce an employee’s vote or for discriminating against an employee for voting. Therefore, it an employee expresses their intent to vote for a specific candidate, the employer must be careful with terminating them since it could be looked at as coercion or discrimination related to their vote. This is true even if the reason for termination has nothing to do with their vote and everything to do with the employee’s political views.

Arrests

It’s also important to note that the type of political speech makes a difference when it comes to employee termination. Under Illinois state law, an employer may not fire an employee only for the fact that they were arrested. However, an employer can fire them because of the activities they engaged in that led to the arrest. The question the employer must ask itself is whether it would choose to terminate the employee for his or her actions even if he or she was not arrested.

Finally, under the Illinois Records Keeping Act, employers may not keep records of employers’ associations, political activities, and publications in the employee’s personnel file.

The IL Employment Law Attorneys at ST Legal Group Can Help

The post Can You Be Fired Over Political Beliefs in IL? appeared first on Deerfield Employment Law Firm .

What to Know About IL FMLA Laws

Fri, 29 Oct 2021 19:57:00 GMT

The federal Family and Medical Leave Act (FMLA) allows certain employees to take unpaid leave with the right to go back to work under certain conditions. Illinois law provides employees certain medical leave rights on top of those already mandatory under federal law. If more than one law applies and they contradict one another, an employee may use the provisions that are most beneficial to them.

FMLA Federal Rights

Employees who are eligible for leave may take up to 12 weeks off. This includes leaving for bonding with a new child, preparing for a loved one’s military service, taking care of a loved one who was seriously injured while on active duty, or for serious health issues.

Who Must Follow the FMLA?

In Illinois, employers who have a minimum of 50 employees for at least 20 weeks in the previous or current year, must follow the FMLA. Employees at these businesses will be eligible for FMLA leave if they meet the following conditions:

They have worked for the company for a minimum of one year
They worked at least 1,250 hours the previous year; and
The location at which they work employs at least 50 people within a 75-mile radius

When Can an Employee Utilize FMLA Leave?

As mentioned, an employee may take FMLA to leave if he or she needs to do any of the following things:

Recuperate from a serious health condition
Care for a family member with a serious health condition
Bond with a new child
Handle qualifying exigencies arising out of a family member’s military service; or
Care for a family member who suffered a serious injury during active duty in the military

Employees in Illinois may take up to 12 weeks of leave in a 12-month period of time. After those 12 months have passed, they are eligible to take up to 12 weeks for the following 12-month period so long as the employee still meets the aforementioned eligibility requirements.

The amount of leave is long for military caretakers. Employees may take up to 26 weeks of leave within a 12-month period of time if it’s to care for family members who were injured on active duty. This leave is per injury and per service member.

While on leave, employees can continue to receive health insurance at the same cost as when they were working. And although FMLA leave is unpaid, employees may use the paid leave that they have already acquired during their FMLA leave.

Generally speaking, after FMLA leave is over, an employee may be reinstated to the same or similar position.

Illinois’ State Leave Laws

Military Family Leave

In Illinois, employers who have a minimum of 15 employees must allow their employees who qualify to take time off to spend with their spouse or child while their loved one’s state or federal deployment orders are in effect. Employers with less than 50 employees must provide up to 15 days of unpaid leave, while those with at least 50 must provide up to 30 days.

Domestic Violence Leave

Under state law, employers who have a minimum of 50 employees must allow their employees who are eligible as victims of domestic or sexual violence, or who have a family member or household member who is a victim of domestic or sexual violence, to take up to 12 weeks of leave per 12-month period of time. This is done for the purpose of them being able to:

Seek medical treatment
Receive counseling
Obtain services from a victim services organization;
Relocate or engage in other steps to further their safety; or
Seek legal guidance

Small Necessities Law

Finally, employers in Illinois who have at least 50 employees must allow employees who qualify to take up to eight hours of unpaid leave in any one school year, though no more than four hours per day, in order to attend their children’s classroom activities and conferences – assuming that they can’t be rescheduled.

The IL Employment Law Attorneys at ST Legal Group Can Help

If you have been terminated from your job and believe that it is because of an illegal reason (in violation of the FMLA), you should be able to remedy the situation through monetary compensation and/or reinstatement to your position. A knowledgeable and experienced Illinois employment law attorney can help you to fight for what you deserve. The qualified attorneys at ST Legal Group can help to protect your employment rights. To learn more, or to schedule a consultation, contact us today!

The post What to Know About IL FMLA Laws appeared first on Deerfield Employment Law Firm .

Continuing to Work Remotely in Illinois

Fri, 29 Oct 2021 19:53:00 GMT

While the COVID-19 pandemic forced millions of employees to work remotely, this new work model has become a mainstay for many businesses – even after it was safe to return to our offices. This is because many employers realized there are numerous benefits to working from home. If you are an employer who plans to continue this remote work model indefinitely, there are many employment law issues to bear in mind. Here are some major points to consider.

Preventing Discrimination in a Work-from-Home Setting

The specific employers who can work from home depend upon who can carry out their job responsibilities outside of the office. Some jobs are not able to be completed remotely. When determining which employees can work remotely and which cannot, it’s imperative that you ensure that there are legitimate reasons and that you document them. If you do not accurately keep a record of these reasons, you could be accused of discrimination .

Establishing a Reliable Method for Keeping Time

When you have employees who are working from home, it’s not as easy to keep track of their hours. Timekeeping is an extremely important concern. Nonexempt employees should maintain detailed records of the hours that they work and these should be frequently input into the business’s timekeeping system. This is so important because, under the Fair Labor Standards Act, employers have a legal duty to keep track of their nonexempt employees’ work hours. If you fail to adequately maintain or update your employees’ hours worked, you may be accused of underpaying someone and may be forced to provide back pay.

Maintaining Workers’ Compensation Insurance for Your Remote Workers

In the state of Illinois, businesses with one or more employees are legally required to maintain workers’ compensation insurance. Just because your employees work remotely, does not negate this requirement.

Although you don’t have control over your employees’ home-work environment, you must still treat workers’ compensation claims the same as you would if an injury resulted in the office. It’s important to make sure that you have adequate insurance and understand what your obligations are should a situation arise.

The IL Employment Law Attorneys at ST Legal Group Can Help

If you or a loved one is dealing with discrimination, timekeeping, a workers’ compensation claim, or any other work-related issue, it’s imperative that you protect yourself and your legal rights. That’s why it’s in your best interest to consult with a qualified lawyer. A knowledgeable and experienced Illinois employment law attorney can help you to fight for what you deserve. The qualified attorneys at ST Legal Group can help to protect your employment rights. To learn more, or to schedule a consultation, contact us today!

The post Continuing to Work Remotely in Illinois appeared first on Deerfield Employment Law Firm .

Can You Be Placed on Unpaid Leave if You Are a Vaccine-Exempt Employee??

Wed, 08 Sep 2021 17:44:00 GMT

While it has now been established that an employer has the legal right to mandate its workers to get vaccinated for COVID-19, some employees are still exempt for certain reasons: 1) medical under the Americans with Disabilities Act (ADA); or 2) religious under Title VII of the Civil Rights Act. This begs the question of what happens with those vaccine-exempt employees? Can a vaccine-exempt employee be placed on unpaid leave?

Is There a Reasonable Accommodation?

Whether or not a vaccine-exempt employee can continue to work at their place of employment depends upon whether their employer is able to provide them with a reasonable accommodation that can help to ensure their safety as well as the safety of other employees. But what is considered a reasonable accommodation? This depends on many different factors, such as the specific job duties of the individual, the industry in which they work, and whether or not there are any feasible alternatives that can be offered. While it may be difficult to accept, sometimes the only reasonable accommodation is unpaid leave.

United Airlines Demonstrates How Facts Determine Reasonableness

For instance, United Airlines recently reported that they would place all vaccine-exempt employees on unpaid leave. In this instance, these individuals, who are customer-facing, are exposed to individuals from all over the world each and every day. Therefore, the company has no other option that could be considered reasonable and that would allow them to carry out their job duties, except to place them on unpaid leave until the pandemic “meaningfully recedes.” For the airline’s other employees that are not as public-facing, such as baggage handlers, the airline has provided the reasonable accommodation of placing them on unpaid leave until the company has a means of testing the employees in-house. As for those employees of United who have more administrative roles, the airline is able to offer the reasonable accommodation of working remotely.

While it can be difficult, United has done a good job of demonstrating just how each specific job can have an impact on what would be considered a reasonable accommodation for those who are unvaccinated. Each case is different and based upon its own specific set of facts. It is often in a company’s best interest to consult with a knowledgeable and experienced employment law attorney to establish policies that adhere to all compliance issues.

The IL Employment Law Attorneys at ST Legal Group Can Help

If you have been put on unpaid leave or if you are an employer dealing with how to adhere to these new issues concerning unvaccinated employees, it’s in your best interest to work with a qualified IL employment law attorney. The attorneys at ST Legal Group can help you to ensure that you are doing what is necessary in order to succeed. To learn more, or to schedule a consultation, contact us today !

The post Can You Be Placed on Unpaid Leave if You Are a Vaccine-Exempt Employee?? appeared first on Deerfield Employment Law Firm .

Employers in Chicago Prohibited from Disciplining Employees Who Take Time Off to Receive COVID-19 Vaccine

Tue, 24 Aug 2021 18:13:00 GMT

For employees who work in the city of Chicago, receiving the COVID-19 vaccine can no longer cost them their job. As of April 21, 2021, the Chicago City Council unanimously approved an Ordinance that makes it illegal for Chicago employers to either fire or discipline workers who leave work during normally scheduled work hours to get vaccinated.

Who Is Included?

The Ordinance is applicable to all employers and workers within the city of Chicago regardless of employee status: employees, or non-employee independent contractors, etc. According to the Ordinance, an “employer” is “any natural individual, firm, trust, partnership, association, joint venture, corporation or other legal entity who engages the services of at least one individual for payment.” Also, “worker” is defined in the Ordinance as “an individual that performs work for an Employer, including as an employee or as an independent contractor.”

Employers Prohibited from Taking Any Adverse Actions

Under the new Ordinance, it doesn’t matter whether getting the COVID-19 vaccine is volunteer or required by an employer. No matter why a worker is receiving the vaccine, an employer may not require that the worker do so during non-scheduled work hours. However, if a worker chooses to take time off from his or her normal work hours to receive a COVID-19 vaccine, the employer is legally prohibited from taking any adverse action against the worker for doing so. This includes any type of discipline or termination.

According to the Ordinance, if a worker is provided with paid sick leave or other paid time off available, and the worker chooses to use that time to receive the vaccine, the employer must allow them to do so. But if an employer makes it a requirement for its workers to receive the COVID-19 vaccination, the employer must pay its workers for the time it takes them to get the vaccine. This means that if the worker’s appointment for the vaccine falls during normal work hours, he or she must be paid his or her regular rate of pay for up to four hours per dose. Additionally, if an employer requires its workers to get the COVID-19 vaccine, it may not require its workers to use paid time off or paid sick leave for this time.

If an employer decides to discipline or terminate a worker for leaving to receive a COVID-19 vaccination shot, it will be assumed that such actions are retaliation against the worker.

What Consequences Will Employers Face?

If an employer violates the Ordinance in any way, it will be liable to pay a fine of $1,000 to $5,000 per offense. Additionally, if an employer fires the worker, the worker is entitled to be reinstated to the same or equal position as well as damages of three times the amount of wages that he or she lost as well as actual damages incurred and attorneys’ fees.

The IL Employment Law Attorneys at ST Legal Group Can Help

The post Employers in Chicago Prohibited from Disciplining Employees Who Take Time Off to Receive COVID-19 Vaccine appeared first on Deerfield Employment Law Firm .

Illinois Employee Sick Leave Act Includes Care of Family Members

Sat, 21 Aug 2021 17:58:00 GMT

Personal sick leave is an extremely valuable benefit of a job as it allows employees to miss periods of work due to serious illness without worrying about losing their job for it. Under the Illinois Employee Sick Leave Act (ESLA), which was first enacted in 2017, Illinois employers are required to allow their employees to take personal sick leave for absences due to illness, injury, or medical appointments of covered family members. This includes the employee’s children, stepchildren, spouse, domestic partner, parent, stepparent, sibling, mother-in-law, father-in-law, grandparent, and grandchild. However, the ESLA has been amended to cover even more.

New Amendment to the Illinois Employee Sick Leave Act (ESLA)

Effective as of April 27, 2021, the ESLA has been amended to require that employers in Illinois allow their employees to take personal sick leave for absences due to the “personal care of a covered family member.”

Under the newly amended ESLA, the act also covers “activities to ensure that a covered family member’s basic medical, hygiene, nutritional, or safety needs are met, or to provide transportation to medical appointments, for a covered family member who is unable to meet those needs himself or herself.” The amended act also covers “being physically present to provide emotional support to a covered family member with a serious health condition who is receiving inpatient or home care.” In other words, the ESLA now allows employees a much broader ability to take sick leave – not just for a sick or injured family member, but even for the care of a family member – whether sick or not.

What Are Employers Still Entitled to Under the ESLA?

While the new addition to the ESLA is required of employers, they may still choose to limit the amount of personal sick leave days that can be used for the purpose of caring for a family member to half of the employee’s annual sick leave benefits. However, Illinois employers may not retaliate against employees who choose to exercise their rights under the ESLA. Rather, it’s imperative that employers in Illinois double-check their current sick leave policies to ensure that they comply with the new amended Act.

Additionally, those employers who have employees in Chicago and other covered jurisdictions in Cook County should also consider how the newly amended ESLA would play into their sick-leave policies under the Cook County Earned Sick Leave Ordinance and the Chicago Paid Sick Leave Ordinance.

The IL Employment Law Attorneys at ST Legal Group Can Help

If you believe that your employer has wrongfully terminated you or has retaliated against you due to you exercising your rights under the newly amended Illinois Employee Sick Leave Act, the attorneys at ST Legal Group can help. You should never be punished for exercising your legal rights. To learn more, or to schedule a consultation, contact us today !

The post Illinois Employee Sick Leave Act Includes Care of Family Members appeared first on Deerfield Employment Law Firm .

Proving Employment Discrimination

Mon, 28 Jun 2021 19:38:00 GMT

It’s important that no one is discriminated against in the workplace. Unfortunately, there are many forms of employment discrimination . Whether you are treated unfairly because of your race, gender, sexual orientation, religion, or national origin, the law is on your side. It protects employees from wrongful termination or other forms of discrimination by making it illegal to endure discrimination or harassment of any kind based on your race, religion, color, sex, age, or disability.

It’s important to understand that not all workplace mistreatment qualifies as employment discrimination. In fact, most poor treatment and management in the workplace is not considered unlawful employment discrimination. Additionally, unfair employment decisions can still be legal – even if they are based on false assumptions.

However, if you are, in fact, being subjected to a hostile work environment under the law, you may want to file a discrimination complaint with the Equal Employment Opportunity Commission (EEOC). You must remember though that there are certain standards that the act(s) in question must meet before they can be considered workplace discrimination.

Types of Discrimination Claims

There are three types of workplace discrimination complaints that you can file dependent upon the types of discrimination that you have experienced:

1. Discriminatory treatment

Discriminatory treatment occurs when a manager or supervisor treats you unequally from your other coworkers due to your age, race, gender, sex, religion, or disability

2. Disparate impact

Disparate treatment occurs when a company’s policy puts you in an adverse situation. In other words, when a company’s policy seems to be neutral on its surface but ends up having an adverse impact on certain members of a protected class

3. Workplace retaliation

Workplace retaliation occurs when your manager or supervisor attempts to punish you for taking part in any legal process in order to protect the company’s interests or your own rights. This type of retaliation may include things such as termination, demotion, or salary reduction

Proving Your Workplace Discrimination

In order to prove that you have been the victim of employment discrimination, you may present two different types of evidence: direct and circumstantial.

Direct evidence is any statement or testimony of an individual who witnessed how your employer treated you unequally. Alternatively, circumstantial evidence is that which comes from indirect sources such as documents or data that demonstrates the unfair treatment in question. When you mostly or only have circumstantial evidence, it is even more important that you provide as much of this type of evidence as you can. This may include things such as recordings, letters, notes, and company policies and procedures.

Prima Facia Case

It’s important to note that prior to building your case on circumstantial evidence, you must present a prima facia case of discrimination. In other words, you must prove to the EEOC or the court that you are a member of a protected class. If you are not a member of a protected class, you are cannot bring a claim for employment discrimination. You must prove:

You’re a member of a protected class
You were qualified for the position
Your manager or supervisor in charge took harmful action towards you during the course of your employment (this may include before your employment as well); and
Someone else who was not a member of a protected group replaced you

If the court finds that you were subjected to workplace discrimination, you may be awarded any of the following:

Lost wages
Back pay
Future pay
Damages for emotional distress
Attorneys’ Fees

The IL Employment Law Attorneys at ST Legal Group Can Help

If you or a loved one believes that you were the victim of employment discrimination, you should not have to pay the price. You should be able to hold accountable those who are responsible. Luckily, the compassionate attorneys for negative work environments at ST Legal Group can help. To learn more, or to schedule a consultation, contact us today !

The post Proving Employment Discrimination appeared first on Deerfield Employment Law Firm .

Can Your Employer Require You to Get the COVID-19 Vaccine?

Mon, 14 Jun 2021 20:09:00 GMT

As more and more Americans continue to receive one of the COVID-19 vaccines (Pfizer, Moderna, J&J, etc.), many companies have begun to return to the office to conduct business in person. But as employers open back up, some are requiring that their employees get vaccinated to continue working for the company. This begs the question of whether an employer has the right to require you to get the COVID-19 vaccine.

“At Will” Employment

Illinois, like most states in the U.S., has what is known as “at will” employment. This means that unless otherwise specified in writing, the employer (and employee) can terminate the employment at any time for any (non-discriminatory) cause – or no cause at all. This allows employers to have a much broader ability to uphold certain requirements for their employees. They can implement any non-discriminatory physical health requirements. So the short answer is “yes,” an employer can require that you get vaccinated. However, there are certain things that must be kept in mind.

While requiring employees to get vaccinated is generally permissible because it is considered part of an employer’s physical health requirements, the company policy must not be applied in a discriminatory manner. In other words, the employer must take into consideration exceptions based upon medical or religious reasons.

Exemptions Under the ADA

Those employees who have a legitimate medical issue can request to be exempt from the requirement and instead to receive a reasonable accommodation under the Americans with Disabilities Act (ADA). In order for an employer to determine whether its employee’s disability is covered and thus protected under the ADA, it generally requires a physician to complete the ADA paperwork. The physician will identify the nature of the disability as well as its severity.

Direct Threat Standard

However, it must be understood that according to the U.S. Equal Employment Opportunity Commission (EEOC), COVID-19 meets the ADA’s “direct threat standard.” This standard allows for employers to implement more widespread medical requirements within the workplace than would normally be allowed under the ADA. Therefore a disability that may otherwise be protected and accommodated under the ADA, may not be exempt and accommodated when it comes to COVID-19 regulations in the workplace. It is the job of the employer to determine whether the accommodation needs of the employee would reasonably interfere with safety within the workplace.

Exemptions Under Title VII of the Civil Rights Act

Employees who seek an exemption to the COVID-19 vaccination requirement due to religious beliefs may be protected under Title VII of the Civil Rights Act. However, the employee’s request must be based on a “sincerely held religious belief.” It is up to the courts to determine whether the request for an accommodation meets this definition.

Despite their right to require employees to get vaccinated, since the COVID-19 vaccinations are so new and may still harbor many unknown risks, many employers aside from frontline workers will likely hold off on requiring employees to do so until more data is known.

The IL Employment Law Attorneys at ST Legal Group Can Help

If you believe that your employer has wrongfully terminated you, the attorneys at ST Legal Group can help. To learn more, or to schedule a consultation, contact us today !

The post Can Your Employer Require You to Get the COVID-19 Vaccine? appeared first on Deerfield Employment Law Firm .

Remote Sexual Harassment in the Workplace

Mon, 17 May 2021 19:38:00 GMT

In response to the coronavirus pandemic, most businesses have had to adapt to working remotely. But while there have certainly been some benefits to this, there have also arisen some new problems. One such problem has become sexual harassment in a digital world.

Though it may seem counterintuitive for sexual harassment to persist in a remote working environment, offenders have found new ways to carry out this behavior. In fact, online sexual harassment is on the rise and will likely only continue increasing as many businesses have made the decision for their employees to permanently work remotely.

A Hostile Work Environment is Severe and Pervasive

In general, the law considers a work environment as hostile when workplace behavior that is sexual, whether implicit or explicit, is also severe or pervasive.

Behavior is considered severe when the harassing conduct is extreme. For instance, if one worker makes physical conduct with a co-worker that is sexual in nature, it is severe.

Behavior is considered pervasive when there have been several incidents of harassing conduct over time. For instance, if a co-worker continues to comment on another co-worker’s body over the course of four months it would most likely be considered pervasive.

Acts of Online Sexual Harassment

While not quite the same, online sexual harassment in a remote workplace can still look similar. So how is this behavior transpiring in a digital world? New acts of sexual harassment include:

Sending sexually suggestive or explicit emails/text messages (this can include everything from certain comments or emojis, jokes, or GIFs)

Statements or questions that are sexual in nature during video chat (i.e. Zoom or Teams); this may include commenting on a co-worker’s appearance or how they sound

Sharing sexual content during remote meetings – whether intentional or not

Inappropriate messages or posts through apps (it doesn’t need to be a work platform to constitute workplace sexual harassment)

Other behavior that is sexual in nature and creates a hostile work environment

Since these behaviors are continuing, it’s especially important that both employers and employees can recognize these unacceptable actions when and how they occur as well as how to respond to them.

What Can You Do?

Tell the harasser to stop.

Explicitly express to the offender (verbally or in writing) that the conduct makes you uncomfortable and must stop.

Stand up and speak up for others.

Step in and speak up when you notice that fellow co-workers are being subject to harassment. It’s important to point out the bad behavior when it happens and to tell the harasser to stop. It’s also a good idea to check up on the harassed co-worker afterwards to ensure that they are okay and don’t need additional assistance.

Report misconduct to those in charge.

It’s imperative that you report any conduct that could create a hostile work environment. Tell a manager or your HR department. It’s also a good idea to maintain evidence of the harassment, such as taking a screenshot of the inappropriate conversation.

When employers and employees work together, it can help to stop different forms of workplace sexual harassment and to create a safer work environment for everyone.

The Deerfield Employment Law Attorneys at ST Legal Group Can Help

When you have been wrongfully treated in the workplace , you may not know how to assert your rights. That’s where the attorneys at ST Legal Group can help. We understand what’s at stake and are here to ensure that your rights are upheld. To learn more, or to schedule a consultation, contact us today !

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Can an Employer Require its Employees to Receive the COVID-19 Vaccine?

Thu, 13 May 2021 19:27:00 GMT

As the coronavirus vaccine continues to become more widely available, many employers are hoping to get back to a safe, in-person work environment. To do this, many are hoping and encouraging their employees to get the vaccine. But do they have the right to require them to get it?

To put it simply, “yes.” Illinois is an employment “at-will” state . This means that employees can quit their job and employers can terminate an employee at any time and for any reason…or no reason at all. As a result of at-will employment, neither employees nor the employer can be held legally accountable for ending the employment.

Since at-will employment states can terminate an employee at any time and for any reason (other than discrimination), they can also require their employees to be vaccinated – and can fire them if they fail to do so. Employees who are terminated for failing to be vaccinated will have no legal recourse under the law.

What About the Americans with Disabilities Act?

Under the Americans with Disabilities Act (ADA), employers are prohibited from conducting certain types of medical exams so that they do not base their actions or decisions upon someone’s impairment. However, requiring the COVID-19 vaccine doesn’t require the employer to conduct any type of medical exam and therefore does not violate the ADA.

However, employees who have a medical reason as to why they cannot be vaccinated are likely exempt from mandated vaccinations. The same likely goes for those whose religious beliefs don’t allow them to receive the vaccine. This is because, under Title VII of the Civil Rights Act of 1964, religious beliefs are protected.

When an employee requests an exemption, the employer may try to find another reasonable accommodation to allow the employee to keep his or her job without having to be vaccinated. Much of this depends upon the type of job and the physical closeness of employees to each other and to customers since the employer also has a duty to keep its employees and customers safe.

Reasonable accommodations may include things like working remotely or separately from other employees, and/or using PPE. Employers must allow for a reasonable accommodation (in lieu of terminating the employee) so long as doing so wouldn’t be unduly burdensome.

Compensation for Time Off

One important thing for employers to bear in mind is that if they require their employees to get vaccinated, they are also obligated under federal law to compensate them for their time taken off to receive it. If an employer mandates its employees to be vaccinated but fails to compensate them for the time they take off to get it, the employer may receive hefty penalties.

The Deerfield Employment Law Attorneys at ST Legal Group Can Help

When you have been wrongfully treated in the workplace, you may not know how to assert your rights. That’s where the Deerfield employment law attorneys at ST Legal Group can help. We understand what’s at stake and are here to ensure that your rights are upheld. To learn more, or to schedule a consultation, contact us today !

The post Can an Employer Require its Employees to Receive the COVID-19 Vaccine? appeared first on Deerfield Employment Law Firm .

What to Know About the Illinois Minimum Wage Increase

Mon, 26 Apr 2021 19:35:00 GMT

There’s no doubt that living in the U.S. is expensive. As seen clearly in the wake of the coronavirus pandemic, many Americans are struggling to make ends meet. This is especially true for those hourly workers who have been paid minimum wage . In an effort to help with inflation and the rising cost of living, the state of Illinois has new laws that will take effect this year and will impact both employers and employees.

For starters, the state’s minimum wage will increase to $11 per hour for standard workers, with a goal to eventually rise to $15 per hour come 2025. (The minimum wage for tipped workers will increase to $6.60, while the same for workers under the age of 18 who work fewer than 650 hours in a calendar year will be $8.50.)

While this may sound good for employees, many employers aren’t quite so happy with the idea. In light of the pandemic and the difficulty it has caused within the retail industry – with many businesses struggling to stay in business – retailers have expressed that they won’t be able to afford these changes.

Increases Throughout the State

The new minimum wage increase will eventually affect all of Illinois, but not all at once. Different parts of the state will be increasing to the new minimum wage at different times throughout the year. The minimum wage in Chicago will increase to $15 per hour on July 1, 2021, and $14.50 per hour for those employed at companies with no more than 20 employees. Additionally, tipped workers will see an increase to $9.00 per hour, while tipped employees must be making at least $15.00 per hour in base wage plus tips. If their tips don’t bring their total pay to $15.00 per hour, it will fall on the employer to pay the difference.

Penalties for Wage Violations

For business owners, no matter the size of the business, it’s important to understand what can happen to them should they violate these new hourly minimums in Illinois.

Every employer is required to understand the minimum wage laws and must place a copy of the Fair Labor Standards Act provisions somewhere at work where employees will be able to easily read it. Additionally, if an employer doesn’t may its worker at least the required federal minimum wage, or if it doesn’t comply with guidelines for overtime pay, the employer could find itself in court having to pay hefty penalties.

The IL Employment Law Attorneys at ST Legal Group Can Help

S.T. Legal Group of Deerfield, Illinois, has years of experience helping clients with the complexities of employment law.

The post What to Know About the Illinois Minimum Wage Increase appeared first on Deerfield Employment Law Firm .

Can You Be Fired in Illinois for Taking Off of Work for Jury Duty?

Thu, 22 Apr 2021 19:25:00 GMT

Few things are worse than finding out that you are called to jury duty. Except for being fired for missing work because you are called to jury duty. Unfortunately, sometimes employers will try to pressure their employees into getting out of jury duty so as not to miss any work. However, because jury duty is considered a civic duty, most states prohibit employers from disciplining, threatening to fire, or actually firing employees for missing work due to jury duty.

Notice Requirement

However, if your employer has a pre-existing requirement that you give notice when you are going to be absent from work and you fail to provide such notice, you could be fired for failure to comply with your employer’s policies.

In Illinois, employees are required to provide their employer with a copy of the summons within 10 days after it has been received.

According to Illinois Stat. 705 ILCS 305/4.1 , “An employer may not threaten to discharge, penalize, intimidate, or coerce any employee who receives and/or responds to a jury summons or who serves on a jury.”

Payment

Most employees often have to worry about whether or not they will be paid for the time they miss work for jury duty. Unfortunately, unless your employer’s own policies state otherwise, most states do not require employers to pay their employees for time off of work spent serving on a jury. This is true in Illinois.

Time Off Regardless of Shift

Illinois law also requires that an employer must allow the employee time off to serve, regardless of the shift that he or she is on. Under state law a regular night shift employee may not be required to work at night if they are serving on a jury during the same day. This cannot be used against them to take away any of their benefits or demote them in any way.

If you are having difficulty with your employer allowing you to take off for jury duty, it may be a good idea to speak with the presiding judge on the case for which you are serving. He or she may be able to help guide you in the right direction and may be able to inform you of a local law that can help you.

Consequences for Your Employer

If your employer fires you or penalizes you in some way for missing work due to jury duty, it will be charged with civil or criminal contempt – or both. Additionally, your employer will be liable to you for any lost wages and benefits. In some cases, your employer may even be ordered to reinstate you. For more information, you can call your local court administrator or your state labor department and consult with a knowledgeable and experienced Illinois employment lawyer.

Contact Our Deerfield Employment Law Attorney Today

If you believe that you have been wrongfully threatened to be terminated or have been terminated by your employer as a result of serving on jury duty, the attorneys at ST Legal Group can help. To learn more, or to schedule a consultation, contact us today !

The post Can You Be Fired in Illinois for Taking Off of Work for Jury Duty? appeared first on Deerfield Employment Law Firm .

Class Actions v. Collective Actions

Wed, 31 Mar 2021 16:09:00 GMT

In order to continue operating legally, businesses are required to follow certain procedures and standards. When a business fails to comply with what is required of it, employees may choose to sue their employer. Additionally, when a defective product injures people, they have a cause of action against its manufacturer.

When multiple people share the same legal claim (the same problem for which they want to receive compensation), their claims are often combined into a group action – either a class action or a collective action.

What is a Class Action Lawsuit?

A class action lawsuit automatically assumes that an employee is part of the group that has been impacted – unless he or she chooses to opt out of it. Someone can opt out of a class action lawsuit by simply signing a document asserting that they don’t wish to participate.

Class action lawsuits may be filed in federal court if they relate to federal law of if they meet certain criteria. After a complaint has been filed, the plaintiffs most file a motion for class certification. However, the defendant(s) can object to this based on various grounds.

Common Class Action Lawsuits

While not exhaustive, some common class action lawsuits include the following:

Consumer protection law violations
Workplace discrimination
Product liability (manufacturing defect)
Consumer protection law violations
Antitrust violations
Environmental issues/toxic exposure

What is a Collective Action Lawsuit?

Collective action lawsuits are brought in state or federal court. The biggest difference between a class action lawsuit and a collective action lawsuit is that as stated, a class action lawsuit requires affected workers to opt out, whereas a collective action lawsuit requires that they opt in. They can opt in by signing a document stating that they would like to participate. However, if someone who would otherwise be allowed to join a collective action lawsuit fails to opt in, he or she is not entitled to any form of compensation that should come from it.

Additionally, collective action lawsuits require evidence in a certification process, that group members are “similarly situated.” For example, this means that an Asian employee who files a collective action lawsuit because of race discrimination would have to provide evidence that non-Asian employees were treated better.

The Deerfield Employment Law Attorneys at ST Legal Group Can Help

Whether you are an employee or an employer, it’s equally important that you understand the difference between class actions and collective actions, as it determines who has the right to recover compensation – should it be awarded. It is especially important to understand the difference with opting out versus opting in to the lawsuit.

If you are involved in a class action or collective action lawsuit, the attorneys at ST Legal Group can help. We’ll make sure that you understand the type of lawsuit and what is required on your behalf to receive the best outcome. To learn more, or to schedule a consultation, contact us today!

The post Class Actions v. Collective Actions appeared first on Deerfield Employment Law Firm .

Can Employees Working Remotely Be Out of State?

Mon, 29 Mar 2021 15:59:00 GMT

It’s no longer a surprise that millions of Americans are still working from home as a direct result of the ongoing coronavirus pandemic. While remote work has become the new normal, another question has continuously popped up: can employees work in another state either temporarily or permanently? There are many different things that employers must consider regarding their employees working from another state.

Employers should set clear standards and guidelines for employee expectations while working from home. These expectations should include everything from mandatory hours of work and availability, to work product.

Considering Tax Consequences

One of the most important things to take into consideration regarding employees who want to work out of state is tax ramifications as well as issues with payroll. Unfortunately, this isn’t a simple answer. There are a number of factors to consider such as the states involved, how long the employee has been there and will be there, etc. This may impact an employer in that it may be responsible for the other state’s taxes. This is so important because each state has a different income tax and withholding requirements as well as different lengths of time for when someone is considered to be working remotely for purposes of state tax implications. For example, in New York state it’s 14 days while in Illinois it is 30 days before tax implications are triggered.

While the law has been slow to respond to the rapidly changing work situation due to the pandemic, some states have implemented “COVID-19 Rules” for how taxes should be handled for remote workers. Each employer must look at its own situation as it differs state-to-state.

Additionally, states have different labor and employment laws, so employers must take a look at the other state’s employment laws to ensure that it is adhering to the proper things, such as state laws concerning unemployment insurance and workers’ compensation. In fact, employers must obtain workers’ compensation in the state in which their employee is working.

Employers Given Much Discretion

We are still living through an unprecedented time – at least in our lives. Many things are left in a gray area for employers to decide. The decision as to whether to allow an employee to work from a remote location is up to each employer and is dependent upon every specific situation.

That’s why any and all remote work arrangements should be thoughtfully considered before allowing for any official decisions. Since there are so many different state laws involved, it’s in your best interest to consult with a knowledgeable and experienced Illinois Employment Law Attorney who can help to ensure that you are properly meeting all requirements.

The Deerfield Employment Law Attorneys at S.T. Legal Group Can Help

If you are dealing with employees who wish to work remotely out of state, and wish to ensure that you are following the applicable laws, the attorneys at S.T. Legal Group can help. To learn more, or to schedule a consultation, contact us today !

The post Can Employees Working Remotely Be Out of State? appeared first on Deerfield Employment Law Firm .

Are Non-Competition and Non-Solicitation Agreements Legally Enforceable in IL?

Wed, 17 Feb 2021 17:44:00 GMT

Unfortunately, sometimes people will take advantage of others’ businesses, using their private information or customers to profit on their own. You may have heard of certain agreements issued in order to help protect a business from these practices, such as non-competition and non-solicitation agreements . However, while helpful, not every one of these agreements is actually valid and enforceable under Illinois law. Rather, it depends upon the specifics of the case, including the content of the agreement, the employment, separation of such, and both parties’ conduct afterwards.

Is There Adequate Consideration?

In order to make any type of restrictive agreement, there must be something of value given in exchange. This “something” is referred to as “consideration,” and must be found to be adequate. Sometimes the continued employment of an employee is found to be adequate consideration for a restrictive agreement. Illinois courts have ruled that employment of fewer than two years is not adequate.

Determining Enforceability

So how exactly do Illinois courts determine whether an agreement such as a non-competition or non-solicitation agreement is enforceable? They use a three-prong test. In other words, the court looks to three requirements that must be met in order to determine that it is enforceable (assuming that there is a valid employment relationship in place). A restrictive agreement is considered reasonable and is enforceable if its restriction(s) are:

Necessary but not more restrictive than is required to protect an employer’s legitimate business interest
Do not impose an undue hardship on the employee
Do not injure the public

What is a Legitimate Business Interest?

If a restrictive agreement must be in place for the purpose of protecting a legitimate business interest of an employer, what constitutes such? Legitimate business interests for purposes of enforceability include things such as:

Confidential information
Trade secrets
Customer relationships

The court looks at various factors in determining whether one of these interests has been breached:

Whether the employee acquired the confidential information during his or her employment
What the time and place of the restrictions were
The permanence of customer relationships

None of these factors are more valuable or hold more weight than the others. This examination is not black and white but rather an assessment of all of the facts involved in the specific case.

The Reasonableness of the Restrictions

In order for the restrictions to be considered enforceable, they must also be considered reasonable in terms of time, place, and activity involved. For example, it would almost certainly be considered unreasonable if a marketing manager was restricted from engaging in marketing activities for other clients within 1000 miles of the employer, for a period of 10 years. However, ultimately it is up to the courts to decide whether or not a restriction is reasonable.

Illinois’ Non-Compete Law

New Illinois legislation, currently pending in the state’s General Assembly, would significantly change non-competition laws and agreements within the state. House Bill 789 (HB 789), if passed (which is likely to some degree), would go into effect on June 1, 2021, amending the current Illinois Freedom to Work Act.

HB 789

If HB 789 passes it will:

Provide that non-competition and non-solicitation agreements are invalid and unenforceable for any employee:
1. Whose annual income is below a certain level, or
2. Who is terminated because of COVID-19-related circumstances
Require employers to advise employees to consult with their own legal counsel before signing restrictive covenant agreements; and
Make employers liable for attorneys’ fees incurred by employees who prevail in restrictive covenant enforcement litigation

With employment law ever-changing, whether you are an employer or an employee, it’s in your best interest to consult with a knowledgeable and experienced Deerfield Employment Attorney who knows the law and can help you obtain your goals.

Contact Our Deerfield Employment Agreement Attorney Today!

If you are engaged in a non-competition or non-solicitation agreement that you feel is unreasonable, or if you are looking to establish such an agreement and want to ensure that it is reasonable and therefore enforceable, the attorneys at ST Legal Group can help. To learn more, or to schedule a consultation, contact us today !

The post Are Non-Competition and Non-Solicitation Agreements Legally Enforceable in IL? appeared first on Deerfield Employment Law Firm .

Suing Your Employer for Wrongful Termination

Wed, 03 Feb 2021 17:39:00 GMT

Whether you saw something that wasn’t right at work or were asked to participate in an illegal activity by your superiors, you have the right to report it. However, what your employer doesn’t have the right to do is to fire or demote you for reporting it. When an employer retaliates against an employee by firing him or her for reporting a legal, environmental, or ethical issue, these are grounds for wrongful termination . And as you can probably tell by its name, wrongful termination is illegal.

Wrongful Termination Retaliation

To put it more simply, retaliation is any action that an employer takes to punish an employee for exercising his or her right in the workplace or for reporting wrongdoing. Retaliation often looks like:

Termination
Demotion
Reassignment
Reduction in pay
Denial of benefits, promotions, and/or overtime
Reduction of your work hours; or
Treatment that causes intimidation or fearfulness

Reporting Issues

So what types of issues do you have the legal right to report without fear of retaliation? Here are some of them:

Discrimination in the workplace
Prohibiting employees from taking breaks
Failing to pay employees minimum wage
Workplace harassment
Denying employees their right to file for Workers’ Compensation
Denying employees the right to legally protected leave; and
Workplace health or safety violations

Whistleblowing

You may also have heard the term “whistleblowing” in reference to retaliation . Whistleblowing is the reporting of illegal conduct (aside from violations against you personally). This is more common in industries such as finance and includes various illegal actions such as:

Production of faulty products
Shareholder fraud; and
Lying on tax returns

What Should You Do?

The first thing to do if you believe that you have been wrongfully terminated is to consult with a knowledgeable and experienced Illinois Employment Law Attorney who can assess your specific case and help to lead you in the right direction.

Depending upon the specific facts and circumstances of your case, you may need to report the wrongdoing to the appropriate government agency. For example, if you have been terminated for reporting discrimination you would have to first file with the Equal Employment Opportunity Commission (EEOC).

When you are dealing with the many repercussions of being wrongfully terminated, it can be really difficult to know how to move forward in your best interest. It’s important to understand that you may be entitled to compensation for lost wages or in some cases, punitive damages for physical or emotional harm.

ST Legal Group Can Help

When you have been wrongfully treated in the workplace, you may not know how to assert your rights. That’s where the attorneys at ST Legal Group can help. We understand what’s at stake and are here to ensure that your rights are upheld. To learn more, or to schedule a consultation, contact us today !

The post Suing Your Employer for Wrongful Termination appeared first on Deerfield Employment Law Firm .