Nancy Joerg named to the 2016 Illinois Super Lawyers List
We are very proud to announce that Nancy E. Joerg, Senior Attorney and Managing Shareholder of the St. Charles office of Wessels Sherman Joerg Liszka Laverty Seneczko, has been selected for a second year to the 2016 Illinois Super Lawyers list. This is an exclusive list, recognizing no more than five percent of attorneys in Illinois.
Super Lawyers is a peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. The objective of Super Lawyers is to create a credible listing of exceptional attorneys.
Please join us in congratulating Nancy Joerg on this honor.
Sean Darke recognized as an Illinois Rising Star of 2016!
Wessels Sherman congratulates Sean F. Darke for being recognized as an Illinois Super Lawyers Rising Star for the third year in a row! "Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement." The Illinois Super Lawyers Rising Star distinction is given to no more than 2.5 percent of Illinois attorneys under the age of 40. Please join us in congratulating Sean Darke for this selection!
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Illinois Companies Need to React to Stern Warnings from the IDES Regarding Future Fraud Penalties for Independent Contractor Misclassification
By Nancy E. Joerg
Illinois companies should be acutely aware that one of the newest audit strategies of the increasingly aggressive Illinois Department of Employment Security (IDES) is to give Illinois companies (who are currently being audited) stern warnings of hefty fraud penalties that these companies may face in the future!
HEFTY FRAUD PENALTIES
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The standard routine that IDES auditors follow is to unleash the topic of future 60% fraud penalties at the "exit interview."
The exit interview is the final communication that the IDES auditor has with the company being audited. The IDES auditor solemnly informs the company (or its representative) that if the company persists in wrongly classifying these workers as independent contractors (because the company now presumably knows, due to the current IDES audit, what it must change in terms of classifying workers as independent contractors), then the company faces a bleak future of possible massive fraud penalties (and possible personal liability) for its alleged INTENTIONAL WRONGDOING!
AGGRESSIVE FOLLOW-UP AUDITS
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To make matters even more dangerous, IDES audit supervisors have very recently started assigning FOLLOW-UP AUDITS in great numbers! Hitting previously audited companies with follow-up audits is a brand new and worrying audit strategy by the IDES!
So, if your company was previously audited by the IDES (and your independent contractors were reclassified to employee status by the IDES auditor), your company may well be selected now for a FOLLOW-UP AUDIT!
Continue reading
Questions/Comments? Contact Attorney Nancy Joerg, Managing shareholder of the St. Charles Office of Wessels Sherman, at (630) 377-1554 or via e-mail at
[email protected]
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 How Job Descriptions Can Help an Employer in Discrimination Lawsuits
By Ryan M. Helgeson
A very instructive case for employers with regard to the use of job descriptions. In
Carothers v. County of Cook, the Seventh Circuit Court of Appeals analyzed the disability, race, and sex discrimination claims of a former Administrative Hearing Officer against her employer. The Court, whose rulings govern all federal courts in Illinois, Indiana, and Wisconsin, held that the employee's claims were properly defeated in the lower court. In doing so,
the Seventh Circuit provided a refresher course in why detailed job descriptions with clearly defined "primary responsibilities" are so important in defending against Americans with Disabilities Act ("ADA") and Title VII claims.
The Case of the Juvenile Hearing Officer Who Cannot Interact with Juveniles
As a Hearing Officer, Carothers adjudicated juvenile detainee grievances for the Cook County government, among other tasks. In 2009, Carothers was involved in a physical altercation with a juvenile detainee during a riot at the Juvenile Detention Center ("JDC"). During the altercation, she injured her hands and went on a leave of absence. After being cleared to return to work by the County's medical division, Carothers provided a note from her own doctor restricting her from interacting with juvenile detainees. Because the Hearing Officer position required interaction with juvenile detainees at the hearings, Carothers' supervisor recommended that she review other available positions at the JDC for which she believed she was qualified.
Questions?
Contact Attorney Ryan Helgeson of Wessels Sherman's Chicago office at (312) 629-9300 or via e-mail
[email protected]
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 Legislative Update: Illinois Mandates Child-Care Employees be Vaccinated or Provide Proof of Immunity
By Anthony J. Caruso, Jr.
Recent outbreaks of contagious diseases at childcare facilities in Illinois have brought fear to the parents of children along with concerns of potential liability to the operators/employers of these child care centers.
An amendment to the Illinois Child Care Act of 1969 imposes new requirements on child-care employees,
effective January 1, 2016.
What EMPLOYERS are covered under the law?
Any Illinois child-care facility that cares for children ages 6 and younger.
What must child-care EMPLOYEES do under the law?
Employees must provide proof of two doses of the Measles, Mumps and Rubella (MMR) vaccine or provide proof of immunity along with providing proof of having received the tetanus, diphtheria and pertussis vaccine (Tdap). As such the law does NOT provide any exemptions to employees due to medical or religious reasons.
Under this new law, employers at child care facilities now have a legal basis to demand vaccination or proof of immunity of their employees. Such medical records should be kept in a medical file, separate from the employee's personnel file to comply with medical privacy laws.
Questions?
Contact Attorney Anthony J. Caruso Jr. of Wessels Sherman's St. Charles office at (630) 377-1554 or via e-mail
[email protected]
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Teleseminar: How Illinois Employers Can Win Misconduct and Voluntary Quit IDES Unemployment Insurance Claims and Hearing
Thursday, February 18, 2016, 2:00 - 3:00 p.m.
 Join attorneys Nancy Joerg and Tony Caruso for an informative teleseminar about Illinois Department of Employment Security (IDES) unemployment insurance claims and hearings.
Some of the areas to help employers win are:
- New pro-business legislation for misconduct definition to help employers!
- Best strategies for employers who are protesting when misconduct or voluntary leave is an issue.
- Little known (and very important) exceptions to voluntary leave.
- How employers can best prepare for unemployment insurance hearings...and WIN!
- When is it worthwhile for employers to protest hearing decisions?
- Learning from recent (and surprising) misconduct and voluntary leave decisions.
Teleseminars offer an excellent opportunity to brief your entire staff with no lost travel time or expenses. And no special equipment is required to participate in the live interactive program - all you need is a standard telephone.
Sign up today.
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Upcoming Seminars & Teleseminars
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- Teleseminar: What Companies Can Do To Dramatically Improve Their Independent Contractor Relationships Thursday, March 17, 2016, 2:00 - 3:00 p.m.
- Teleseminar: What Policies Illinois Employers Should Be Sure to Include in Their Employee Handbooks (and What to Leave out)!, Thursday, April 21, 2016, 2:00 - 3:00 p.m.
- In-person Seminar: 10 Things You Need to Know About All Things HR: A Day of Lists, Friday, May 13, 2016, Country Springs Hotel & Conference Center, Pewaukee, Wisconsin
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Visit our
website
to view upcoming seminars & teleseminars
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Wessels Sherman has well-staffed offices with experienced attorneys to assist with our readers' legal needs in Minnesota, Wisconsin, and Iowa too. Businesses with operations/matters in these states are encouraged to call any of our attorneys for assistance. Additionally, Wessels Sherman attorneys regularly work with other lawyers as a highly cost-effective and trusted co-counsel and local counsel. Referrals are always appreciated and respected.
Learn More
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WS Illinois Client Update is a complimentary newsletter published for clients and friends of Wessels Sherman. We reserve the right to limit distribution of our materials to representatives of management. The materials in this newsletter have been abridged from a variety of sources and are not necessarily applicable to a particular situation. The contents of this mailing should not be construed as legal advice. State laws vary. Readers should consult with legal counsel before taking any action on matters covered by this mailing.
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