Employment and HR
Our firm can defend your business against claims made by employees including severance agreements, unemployment disputes, FMLA, and wage disputes.
Employment and Labor Disputes
Employment and Labor Laws are a Minefield for the Unwary Employer
Today’s business environment is more complex than ever. While Illinois is an employment at will state, your business is at risk every time you make a hiring or firing decision, as there are a myriad of state and federal laws which can subject you to unexpected liability.
Our firm can defend your business against claims made by employees in court or before the Department of Labor, IDES, or the EEOC, including those involving:
- Termination and severance agreements
- Unemployment disputes and IDES audits
- Discrimination charges filed by employees under Title VII, ADA, or ADEA
- The Family and Medical Leave Act (FMLA) and Pregnancy Discrimination Act
- Non-compete and non-solicitation agreements
- Independent contractor agreements
- Union contribution and reporting claims, wage and overtime claims, and Prevailing Wage Act claims
We also draft and review employee handbooks, including policies and procedures, while making sure that they are compliant with Illinois and federal laws. We advise clients on immigration issues related to highly skilled employees and investors, including H-1b, E-2, EB-1, and EB-5 Visas. If your business needs assistance resolving workplace disputes informally, we can help. When necessary, our attorneys provide aggressive litigation against employee claims.
If your company works with labor unions, you may need counsel for matters such as labor disputes, Fair Labor Standards Act claims, union audits, collective bargaining agreements, strikes, NLRB and State Labor Board cases, and grievances and arbitration proceedings. We understand that disputes between a business and a union can be very costly to your production, profits and reputation. Our lawyers strive to resolve these matters efficiently and effectively.
Non-competition and Confidentiality Agreements
Protect Your Most Valuable Asset – Your Customers
We often hear from clients that the conventional wisdom is that “non-competes are unenforceable.” Poorly drafted non-competes are unenforceable, but if the time and care is given to these most important agreements, then non-competes can be the strongest weapon an employer has to protect its business. We have drafted dozens of non-compete agreements and confidentiality agreements and have successfully prosecuted them in state and federal court. You can rely on us to prepare agreements which prevent your employees and independent contractors from taking your valuable trade secrets, including your customer lists, pricing information, and intellectual property, and raiding your key employees.
Human Resources Consulting
As a busy business owner, you wear many hats. If you own a small- to mid-sized company, more than likely that includes managing personnel and employee relations matters. If you are a growing company, you have hiring decisions and you may grow to the point where certain employment laws now affect your business practices. Let us be your own personal Human Resource management staff. We provide many services including, but not limited to:
- Advise and Implement Employment Best Practices
- Review Employee Handbooks
- Audit Personnel Files
- Advise and Provide Support for Employment Relations Issues
- Handle Human Resources Policy and Procedures Concerns
- Provide Updates on Employment Laws that Affect You and Your Employees
- Provide Immigration Documentation related to H-1b, E-2, and EB-1 through EB-5 Visas
- Support and Assist Minority-, Disabled- and Woman-owned Business Enterprises in Applying for Certification (MBE, DBE, WBE)
In addition, we can handle special Human Resources projects that can arise during the everyday management of your company, such as:
- Supervisory and Staff Training
- Recruitment Support
- Investigate and Recommend Responses to Employment Disputes
- Consultation Regarding Labor Relations Issues
Employment Law Legal Services
One of the largest benefits of working with a Human Resources professional AND a law firm is that you also have support for employment related legal issues:
- Preparation of and Disputes Relating to Non-compete and Confidentiality Agreements
- Legal Representation for Employee Complaints of Harassment or Discrimination
- Support in Termination Situations
- Legal Representation for Wage or Unemployment Disputes
- Advice Regarding Independent Contractor Status
Our staff can assist you in all these matters and more. When you don’t know where to turn, let us help you. Please contact the Law Offices of McLaughlin & Associates through this Web site or by calling (630) 230-8434 to discuss any human resources issues.