How Does an Illinois Employment Lawyer Defend Businesses?
Owning and operating a business is challenging—especially in today’s hyper-competitive and volatile economic environment. Employers also have to worry about facing potential liability in several different situations.
An attorney can help protect and defend the rights and interests of businesses and business owners. In this article, you will find an overview of how an Illinois employment lawyer can help to defend and protect the interests of businesses.
Employment Lawyers Provide Proactive Legal Guidance
As a starting point, the importance of proactive legal guidance and support should be emphasized. An experienced Illinois employment law attorney can help to protect and defend the rights of businesses by reviewing and revising policies to ensure full compliance with all federal, state, and local legal regulations. Companies and organizations can go a long way toward reducing their risk of liability—or other legal problems—with a proactive approach. As a general rule, it is best to consult with an employment law attorney for employers before any legal issues arise.
An Employer Can Face Liability in Many Different Circumstances
The employer-employee relationship is core to the success of a business. At the same time, employment law is complicated. Issues can arise in several different ways. At North Suburban Legal Services LLC, our Illinois employment law attorneys for employers provide comprehensive legal guidance and support to businesses and organizations.
No matter how and why your company is facing an employment law claim or a potential liability risk, we can help. Some notable ways in which an employer could face liability in Chicago include:
- Workers’ Compensation Claims: Illinois requires virtually all employers to obtain and maintain no-fault workers’ compensation coverage for their employees. When a worker is hurt within the course and scope of their employment, they have the right to file for benefits. An employer has the right to defend an illegitimate claim. The primary reason why employers need to protect themselves against unsubstantiated workers’ comp claims is that it could affect the cost of their insurance premiums. An employment lawyer can defend a business against an illegitimate or otherwise improper workers’ compensation claim.
- Unemployment Defense: Did your former employee file for unemployment benefits? If you are an Illinois employer with at least two employees, you are covered by the state’s unemployment laws. Employers have to pay into the Illinois unemployment insurance fund. A company’s unemployment insurance rate will depend, in part, on how many of its former workers have filed for unemployment benefits. If you have any specific questions or concerns about potential liability for an unemployment claim, contact an experienced Chicago unemployment defense lawyer for help.
- Wage and Hour Issues: Wage and hour laws require employers to pay a minimum mandatory minimum wage and overtime benefits to non-exempt employees, and provide other protections to workers. The primary wage and hour law is the federal Fair Labor Standards Act (FLSA). An employer could face a wage and hour claim in a wide array of different circumstances. If your Illinois business is facing the possibility of wage and hour liability—either because regulators are taking enforcement action or a current/former employee has filed a claim—a Chicago employment lawyer for employers can help.
- Employee Discrimination Claims: There are strict federal and state laws in place that protect workers against discriminatory practices in hiring and employment. Does your company have 15 or more employees? If so, it is subject to the federal Title VII of the Civil Rights Act. Though, due to recent changes, all employers with one or more employees are covered by the Illinois Human Rights Act—the state’s anti-discrimination in employment statute. If your company is facing an employment discrimination claim from a current or former worker, an experienced Illinois employer defense attorney can help.
- ADA Compliance Matters (Disability): The Americans with Disabilities Act (ADA) is a federal law that applies to businesses and organizations with 15 or more workers. Under the ADA, covered employers are required to refrain from all forms of discrimination based on disability status. In addition, employers are required to make a good faith effort to engage in an interactive process to find a reasonable accommodation that works for a qualified disability job applicant or employee. If your business is facing a claim under the ADA, an experienced Illinois employer defense attorney can help.
- Wrongful Termination Cases: Illinois is an at-will employment jurisdiction. Under state law, employers have the right to make their own hiring and firing decisions. In effect, this means you do not need a “good reason” or any reason at all to justify the termination of an employee. That being said, employers in Northern Illinois cannot fire or otherwise discharge a worker for an illegal reason. Some notable examples of illegal reasons include discrimination, retaliation, and breach of contract. If your business is facing a wrongful termination claim from a former employee, you must consult with an Illinois employment law attorney right away.
- Payroll Tax Matters: It is the employer’s responsibility to ensure that payroll taxes are accounted for, collected, and paid properly. An employer that violates their payroll tax obligations could face very serious sanctions from federal or state authorities. Beyond financial liability, a payroll tax offense by an employer could even result in a criminal charge against a business owner. If you have any questions about your rights or responsibilities regarding payroll taxes, an experienced Illinois payroll tax defense attorney can help.
Set Up a Confidential Consultation With a Chicago Employment Lawyer
At North Suburban Legal Services LLC, our Chicago employment law attorneys for employers are committed to providing solutions-driven legal guidance and support to our clients. If you have any questions about your rights, we are here to help. Call us now at (312) 909-6089 or contact us here for a confidential review and analysis of your case. From our law offices in Chicago and Schaumburg, we provide employment law representation in Cook County and throughout Northern Illinois.
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Chicago, IL 60601
Phone: (312) 909-6089
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Phone: (312) 909-6089