Spotting employment issues, avoiding business problems

Helping employers navigate the employment relationship. Although Illinois is an at-will employment state, some employment relationships are governed by employment contracts. The Chuhak & Tecson Employment Team is experienced in drafting and interpreting those contracts and counseling employers on protecting their rights.

Separation agreements. In today’s uncertain economy, many businesses face the difficult task of reducing their staff. Our experienced employment attorneys counsel and advise employers as they wade through these uncertainties. With a careful eye on state and federal regulations and an understanding of business communities, we help employers prepare and negotiate separation packages with employees.

Avoiding wage and hour claims whenever possible, defending you when necessary. Federal and state laws govern aspects of the pay components of the employment relationship. Whether an employee is entitled to overtime pay depends upon whether the employee meets the salary basis and job duties test under applicable regulations. If an employer fails to properly classify an employee, it can be subject to significant penalties and having to pay its own and its employees’ attorneys’ fees and costs and liquidated damages.

Our employment attorneys:

• Help employers properly classify employees as hourly or salaried to prospectively safeguard from claims under the Fair Labor Standards Act (FLSA), the Illinois Wage Payment and Collection Act and the Illinois Minimum Wage Law.
• Advise employers on using independent contractors.
• Defend employers against wage and hour claims, including class actions.

Steering businesses away from pitfalls, toward best practices. We know what employment issues keep leaders at family-owned and closely held businesses up at night, and the Chuhak & Tecson Employment Team:

• Counsels employers on providing reasonable accommodations for employees and avoiding discrimination, harassment and retaliation claims.
• Advises employers on compliance with local, state and federal laws and regulations, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA) and the Family Medical Leave Act (FMLA), among others.
• Helps employers conduct and manage internal investigations of harassment and discrimination claims and claims of workplace retaliation.
• Defends employers against harassment and discrimination claims based on membership in all protected classes, including age, disability, marital status, national origin, race, sex, sexual orientation, veteran status and other classifications protected under federal, state and local law.
• Represents employers before regulatory agencies, including the U.S. Equal Employment Opportunity Commission (EEOC), the Illinois Department of Human Rights (IDHR), the Illinois Department of Labor (IDOL) and other local, state and federal agencies.

Protecting trade secrets and proprietary and confidential information. One of the most hotly litigated areas in employment relationships is the enforcement of post-employment restrictive covenants. Employers seek to protect their confidential and proprietary information and employees seek freedom to change employers. Our employment attorneys:

• Advise employers on policies, procedures and contracts to protect their proprietary information, including drafting restrictions in compliance with the Illinois Freedom to Work Act.
• Help employers and pursue all appropriate remedies for redress against employees who breach non-compete and confidentiality agreements.
• Counsel employers on minimizing the damage and retrieving and preserving proprietary information by whatever means appropriate.

Resolving these conflicts requires careful attention to the specific circumstances, and our seasoned employment attorneys advise on which remedies are best suited for various situations.

Developing policies and handbooks to manage risk and promote healthy employment relationships. Communication is key to any successful business relationship, and employment relationships are no exception. Our Employment Team:

• Provides counsel on establishing policies and procedures to ensure compliance with federal, state and local regulations to promote safe and productive workplaces and nurture employee engagement and productivity.
• Audits employer policies and procedures to ensure they are compliant with local, state and federal law.
• Advises on the drafting and revision of employee handbooks to ensure regulatory compliance and to communicate your business philosophy and development.