Protecting Employers Since 1985
If an employer is planning on terminating an employee whom the employer feels may be litigious or a “high-risk termination,” then the employer may want the employee to sign a carefully prepared severance and release agreement. Giving an employee severance (i.e., money or something of value) in exchange for the employee signing a release of…
Read MoreIf an individual is found to be an independent contractor under Title VII of the Civil Rights Act of 1964, that individual cannot sue for discrimination under that law because they are not an employee. Only employees can claim legal protection under Title VII. A surgeon recently discovered this legal reality when she sued the…
Read MoreOver the many years in which I have represented Illinois companies before the Illinois Department of Employment Security (IDES), I have seen the activity level of the IDES ebb and flow. In some years, the IDES is very energetic and active, sending out its army of IDES auditors to audit Illinois businesses (making sure these…
Read MoreThe IRS uses a Questionnaire called the IRS Form SS-8 (Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding) to determine when a particular “worker” is an independent contractor and when the “worker” is an employee. This Questionnaire has been used by the IRS for decades. One of the key…
Read MoreMany Illinois trucking companies have independent contractor agreements for owner-operators (to help establish an independent contractor relationship between the Illinois trucking company and the owner-operators who perform services as truck drivers for the trucking company). Illinois has an usual and precise legal definition of owner-operator of trucks as laid out in Section 212.1 of the…
Read MoreClients have called me recently (with increasing frequency) seeking legal advice on how to respond to the “no match letter” that they suddenly received in the mail from the Social Security Administration. It is a two page letter entitled “Employer Correction Request.” NUMBER OF EMPLOYEE NAMES AND SSNs THAT DO NOT MATCH: This Employer Correction…
Read MoreIn order to have non-compete agreements which have a chance of being found legally enforceable by an Illinois judge, Illinois employers must carefully figure out the scope of activities to be restricted by their proposed non-compete agreements. Employers relying on the protection of a non-compete agreement naturally want to protect the company’s legitimate business interests.…
Read MoreIn Illinois, deductions from paychecks must be done very carefully. Illinois employers need to be aware of the tricky web of laws and regulations which often prevent the employer from simply deducting, unilaterally, from the employee’s paycheck-even when the employer is merely paying the Company back for a loan taken out by the employee. An…
Read MoreROLE OF STATE LEGISLATURE: Surprising to many, state legislatures solely determine the legal test that is used in a particular state for evaluating whether a “worker” in question is an independent contractor or an employee (for purposes of obtaining state unemployment insurance benefits). LEGAL BATTLE OVER CLASSIFICATION: For many years, I have defended companies who…
Read MoreIllinois is a state where non-compete agreements can be enforceable if done with certain guiding concepts and wording. The following are the most common questions asked by Illinois clients who are considering the use of non-compete agreements: 1. Why does a non-compete agreement have to be “supported by consideration” even though both parties sign the…
Read MoreCOVID-19 Resources
Stay up-to-date about developments in the Midwest.
Popular Posts
Schedule your confidential consultation
Contact Wessels Sherman if you would like to speak with one of our experienced labor and workplace attorneys, contact any of our four office locations and schedule a consultation.