Chicago, IL Employment Law Attorney
Sexual Harassment
Understanding Sexual Harassment: Navigating Unlawful Conduct in the Workplace
Sexual harassment encompasses unwelcome sexual advances, requests for sexual favors, or other forms of verbal and physical actions of a sexual nature.
Discrimination
The landmark Title VII of the Civil Rights Act of 1964 serves as a shield against workplace discrimination rooted in factors like race, national origin, religion, and skin color. This comprehensive legislation not only bars discriminatory practices but also extends its protection to encompass harassment and other adverse employment actions based on diverse facets.
Compensation
The point comes for every business owner to sell or pass along their life’s work. We help with succession planning while advising on trusts and estate work related to family and other closely held businesses.
Wrongful Termination
In an "at-will" employment setting, employers retain the latitude to terminate employees for a multitude of reasons, even without cause, as long as these actions remain within legal and ethical boundaries.
Whistleblower Retaliation
Robust federal and state whistleblower statutes stand as bulwarks against employer retaliation when employees expose purportedly illicit actions to the pertinent state or federal authorities.
Employment Contracts & Agreements
Employment agreements, when documented in writing, comprehensively outline various facets of employment.
Severance Agreements
The prevalence of severance agreements, sometimes referred to as separation agreements, has grown substantially as companies conclude employment relationships. However, before affixing one's signature, it's vital for employees to seek legal guidance from professionals well-versed in scrutinizing and negotiating such agreements.
Frequently Asked Questions About Employment Law in Illinois
Q: What counts as wrongful termination in Illinois?
A: Illinois is an at-will employment state, meaning employers can generally terminate employees for any reason — or no reason — as long as the reason is not illegal. Wrongful termination occurs when an employee is fired because of a protected characteristic (race, gender, age, disability, national origin, religion), in retaliation for reporting discrimination or illegal activity, or in violation of an employment contract. If you were terminated shortly after filing a complaint, taking protected leave, or engaging in whistleblower activity, you may have a claim. Our attorneys assess the circumstances of your termination and advise on your best course of action.
Q: What should I do before signing a severance agreement?
A: Never sign a severance agreement without legal review. Once signed — particularly if you are 40 or older and have been given a 21-day consideration period — you are waiving your right to sue for most employment-related claims, including discrimination. An attorney can assess whether the severance amount is appropriate given your tenure, salary, and the circumstances of your departure, negotiate for improved terms, and advise you on what rights you may be giving up. Angelini & DiLeo Law regularly reviews and negotiates severance agreements on behalf of executives and professionals in the Chicago area.
Q: What is the difference between harassment and discrimination under Illinois law?
A: Discrimination occurs when an employer takes an adverse action — hiring, firing, demotion, pay reduction — against an employee because of a protected characteristic. Harassment is a form of discrimination that creates a hostile work environment through unwelcome conduct based on a protected characteristic. To be actionable, harassment must be severe or pervasive enough to alter the conditions of employment. Both are prohibited under Title VII of the Civil Rights Act and the Illinois Human Rights Act. Our employment law attorneys represent both employees experiencing these conditions and employers seeking to prevent and address complaints appropriately.
Q: Are non-compete agreements enforceable in Illinois?
A: Illinois law significantly restricts non-compete and non-solicitation agreements. Under the Illinois Freedom to Work Act, non-compete agreements are only enforceable against employees earning more than $75,000 per year (a threshold that increases over time), and non-solicitation agreements require earnings above $45,000. The agreement must also be supported by adequate consideration beyond continued employment, must be reasonable in geographic scope and duration, and must protect a legitimate business interest. If you have been asked to sign a non-compete or believe your former employer is overreaching with one, our attorneys can advise on enforceability and your options.
