Category Archives: Employment

What is joint employment and does it apply to my business?

The National Labor Relations Board considers franchisors joint employers of their franchisees’ employees when they “share or codetermine those matters governing the essential terms and conditions of employment,” such as hiring, firing, discipline, supervision and direction, determining wages and benefits, … Continue reading

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Are my workers employees or independent contractors?

Knowing whether your workers are employees or independent contractors is crucial for compliance with wage and hour laws and figuring it out is not always as simple as employers think. “Independent contractor” is the most common misclassification for employees. Employers … Continue reading

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What are the best practices for employee termination?

When you are considering an employee termination, look to applicable employment contracts, your employee handbook, and the employee’s personnel file to find the information you need.  Illinois is an at-will employment state, but employment contracts and the disciplinary practices in … Continue reading

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What is employment discrimination and how can I avoid it?

Discriminatory employment practices include bias in hiring, firing, promotion, job assignment, compensation, retaliation, and harassment based on the protected characteristic of an employee.  Employment discrimination may be overt or subtle but is always illegal when based on an employee’s race, … Continue reading

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What are some common compliance issues faced by employers?

Many employers face compliance issues because they don’t realize that compliance begins with the hiring process.  For example, in Illinois, employers may not ask about an applicant’s credit history and are restricted in when they may ask about an applicant’s … Continue reading

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How should I maintain my employee personnel files?

Thorough recordkeeping is the key to defending your decisions as an employer, and employee personnel files are the right place to store important information about your individual employees.  Your documentation should begin before you even hire an employee, recording reasons … Continue reading

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What are the best practices for developing and enforcing employment policies?

When you’re updating your employment policies, remember that a good employee handbook is an employer’s first line of defense.  Keeping your handbook up-to-date ensures that your employees know your expectations and provides evidence of your policies and procedures in the … Continue reading

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What is employment law and why do I need an experienced employment law attorney?

Employment law consists of thousands of federal and state statutes, administrative regulations, and judicial decisions that govern the relationship between employers and employees.  This area of the law is constantly changing, but an experienced employment law attorney can help you … Continue reading

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What steps should I take before terminating an employee?

Terminating an employee is never pleasant, especially if you’re worried about a potential lawsuit. Be sure to review this checklist to best avoid unnecessary litigation and to help ensure you are prepared to defend against a claim for unlawful termination … Continue reading

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