One of the most frequent questions that I get from our clients is “How can I fire an employee but not end up with a lawsuit against our company?“ As employers know, lawsuits against the company often cost the company significant amounts of time, energy, morale, and money. Also, they are a huge distraction. They…

There is a very recent Case – Ohle v. The Neiman Marcus Group, 12 L 11206, which is a 2016 Illinois Appellate Court Decision that finds The Neiman Marcus Group violated Illinois State Law by running a credit check on potential Sales Associates and denying Ms. Ohle employment because of credit issues. Specifically, the alleged…

Yes, Illinois really is an employment-at-will state. To that point, Illinois courts follow the employment-at-will legal doctrine in deciding “discharge cases.” “Employment at will” means there is mutual freedom by both the employer and the employee to end the employment relationship. This means that the employer can end the employment relationship at any time, for…

House Bill 5701, known as the “Best Candidate for the Job Act,” has passed the Illinois House and is expected to win overwhelming approval in the Illinois Senate.This Bill would bar businesses with 15 or more employees from inquiring about or requiring applicants to disclose their criminal records (i.e., criminal convictions) before offering the individual…

Every termination of an employee is a highly charged emotional situation. No one likes to be told that their livelihood is being impacted and, in these tough economic times, they are being placed in a situation where financial security is at risk. It is even more of a highly-charged atmosphere when a termination of a…

As every employer is well aware, the “legal obligations” imposed on an employer get deeper and more confusing with each passing year. I am fairly certain that a business executive from the 1950s or early 1960s would be amazed at the substantial number of additional legal pitfalls that bedevil employers on a daily basis in…