Legal News for Illinois Employers
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Yes, Severance and Release Agreements Can Protect Employers: Use These Agreements Effectively!
By Nancy E. Joerg, Esq.
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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 all claims against the employer is a legally acceptable mechanism for an employer to
avoid potential litigation
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What is a high-risk termination?
Examples of “high-risk” include: an employee out on workers’ compensation leave; a pregnant employee; an employee who has physical or mental disabilities; an employee who is 40 years of age or older; an employee who is a member of a minority race, religion or national origin.
There may be multiple reasons for considering an employee “high-risk” with regard to a proposed termination.
Below is information on our teleseminar “How to Use Severance & Release Agreements When Firing an Employee in Illinois,”
scheduled for Thursday, September 12, 2019 from 2:00 to 3:00 pm.
Many practical strategies and easy to understand handouts will be shared during this valuable one-hour session easily access by telephone.
Register now! Call Legal Assistant Tammy Nelson at 630-377-1554 to learn more about this teleseminar.
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Contact Nancy in our St. Charles office at (630)377-1554 or by
email
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Teleseminar: How to Use Severance & Release Agreements When Firing an Employee
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When
: Thursday, September 12, 2019, 2-3 pm
If a company is planning on terminating an employee whom the company feels may be litigious or may be a high-risk termination, then the company may want the employee to sign a severance and release agreement.
Giving an employee severance in exchange for the employee signing a release of all claims is an
effective way a company can help avoid potential litigation
.
Want more information? Contact Tammy Nelson at (630) 377-1554 or by
email
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C
ontact Walter in our Chicago, IL office at (312) 629-9300 or by
email
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Illinois Workplace Transparency Act
By Walter J. Liszka, Esq.
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On June 2, 2019, the Illinois General Assembly approved the Workplace Transparency Act providing certain protections concerning sexual harassment in the workplace and imposing significant new obligations on Illinois Employers. This Bill was signed into law by Governor Pritzker in June 2019 and the provision of the new bill become effective January 1, 2020.
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The Workplace Transparency Act prohibits Employers from entering into any Employment Agreement that includes non-disclosure or non-disparagement clauses dealing with claims for harassment or discrimination.
The Workplace Transparency Act would permit such clauses dealing with claims of harassment or discrimination in Settlement and Separation Agreements so long as:
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Contact Jennifer in our St. Charles, IL office at (630) 377-1554 or by
email
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Illinois Adopts Salary History Inquiry Ban
By Jennifer Adams Murphy, Esq.
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◊The Impact On Your Business Practices ◊
Governor Pritzker signed House Bill 834 last week which amends the Illinois Equal Pay Act to prohibit Illinois employers from seeking an applicant's compensation history as a condition of employment. The Bill also prohibits an employer from requiring employees to sign agreements which would prevent them from disclosing their compensation to others. (A similar bill had been vetoed by former Governor Rauner in 2017).
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The purpose of the salary inquiry ban is to prevent the presumably (and statistically) lower compensation history of women and African Americans from continuing to depress earnings potential. Likewise, the Bill's provision prohibiting employers from requiring employees to sign non-disclosure agreements regarding their wage/salary, removes impediments to employees identifying race and gender-based compensation discrepancies.
Actions Prohibited
Specifically, the law prohibits employers and employment agencies from:
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ontact Walter in our Chicago, IL office at (312) 629-9300 or by
email
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Chicago Fair Workweek Ordinance
By Walter J. Liszka, Esq.
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After a two and one-half year span of time covering two (2) administrations and pitting business interests against those of labor, the City of Chicago on July 24, 2019 passed the Fair Workweek Ordinance. This legislation will require companies in the covered industries to give all of their covered workers ten (10) calendar days of Notice of Work Schedules beginning July 1, 2020 and fourteen (14) calendar days as of July 1, 2022.
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Here are some of the highlights of the law:
- Industries covered: Building services, Healthcare, Hotels, Manufacturing, Restaurants with at least thirty (30) locations and 250 Employees, Non-profit with more than 250 Employees, Retail and Warehousing.
- Employers covered: Those with more than 100 employees global; or 250 employees for non-profits; and
- Employees covered: Individuals with salaries of less than $50,000 a year or an hourly rate less than $26.00 an hour.
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For only $75 a month you will have unlimited access to Wessels Sherman attorneys who can answer these and other employment law questions. Call for a "free trial" of a month or more!
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Employment Law Questions?
Sign up for Wessels Sherman's Very Popular Telephone Program
We can help you solve these workplace issues and many more:
- Employee coming in late?
- ACA/ADA/FMLA questions?
- Can I deduct the cost for a uniform from employee pay?
- What new employee paperwork do I need?
- Accident at work?
- Do all these new laws apply to my company?
- Can I fire an employee and not be sued?
- Does our privacy policy cover internet use?
- Can my employees Tweet that?
- Employees sharing confidential information?
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What Illinois Employers Need To Know About Terminations! And How To Protect The Company!
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Join Attorneys Richard Wessels, Nancy Joerg, Joe Laverty and Tony Caruso
for our
popular half day breakfast seminar
! Limited seating! Sign up right away!
In a lovely setting, learn about
termination strategies
and employment at will in Illinois; how to terminate employees on medical leave; how to document misconduct; and
the use of settlement and release agreements
to reduce risks in terminations.
Delicious continental breakfast! Raffle prizes! Don't miss this!!
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Wednesday, October 23, 2019
8:00 a.m. to Noon
Fee: Only $100 which includes breakfast and valuable handouts.
At the beautiful and historic Dunham Woods Riding Club, Wayne, Illinois
Want more information? Contact Tammy Nelson at (630) 377-1554 or by
email
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How to Use Severance & Release Agreements When Firing an Employee
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When: Thursday, September 12, 2019, 2-3 pm
If a company is planning on terminating an employee whom the company feels may be litigious or may be a high-risk termination, then the company may want the employee to sign a severance and release agreement.
Giving an employee severance in exchange for the employee signing a release of all claims is an
effective way a company can help avoid potential litigation
.
Want more information? Contact Tammy Nelson at (630) 377-1554 or by
email
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Employee Handbooks for Illinois Employers. What Policies to Include (and Why)!
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When: Thursday, November 7, 2019, 2-3pm
Have you ever wondered
if your employee handbook is really up to date and complete
? Are you in the process of re-writing your handbook and you're not sure what you should, or should not, include? Join us to learn the true purpose of a handbook;
Illinois specific language to use
; what policies to leave out; how to treat employee benefits; and what handbooks should say about performance reviews and salary.
Want more information? Contact Tammy Nelson at (630) 377-1554 or by
email
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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.
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Editor-in-Chief: Nancy E. Joerg, Esq.
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