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Schaumburg, IL Employment Attorney for EmployersIf you are like most employers, staffing issues are probably one of your top concerns lately. Hiring and retaining quality staff is a constant struggle for many companies – especially during the “Great Resignation,” in which people are leaving positions in droves.

One of the best things employers can do to increase their workforce's efficiency and protect their company against lawsuits is to draft a robust employee handbook. If you are a business owner and do not yet have an employee handbook, consider working with an employment law attorney to make sure all of your bases are covered.

Avoiding Employment-Related Lawsuits

Drafting a detailed employee handbook and following through with its provisions is one of the best ways for employers to avoid lawsuits. Being sued for discrimination or wrongful termination can be devastating to your company’s reputation as well as your bottom line. A strong employee handbook is the first defense against allegations and lawsuits.

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Schaumburg Employee Discrimination Defense AttorneySeveral years ago, the country exploded with the #metoo movement, triggered by accusations of sexual violence and sexual harassment against producer Harvey Weinstein. The movement led to sweeping societal changes, including many states banning nondisclosure agreements that cover sexual harassment. Illinois passed such a law in 2019

Under federal law, every employee has the legal right to work in a safe and discrimination-free workplace. If an employer fails to provide that environment, the company could face significant penalties. If an employee has accused your company of workplace discrimination, contact an Illinois employment law attorney for legal assistance.

What Is Workplace Discrimination?

The Equal Employment Opportunity Commission (EEOC) is the federal agency that is in charge of enforcing the laws that make it illegal to discriminate against an employee or a job applicant. The laws that fall under the EEOC’s jurisdiction apply to work issues such as benefits, firing, hiring, promotions, training, and wages.

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Schaumburg Employment Law AttorneyThere is a myriad of risks that a business may face in all areas of operation, however, one area that some business owners overlook until it is too late is the risk that is posed by their employees’ actions. Under the law, this is known as “vicarious liability” and every business owner should be aware of what the potential legal and financial ramifications could be.

What Is Vicarious Liability

Per the legal doctrine of vicarious liability, a victim who sustains injury as a result of a business’s employee is entitled to receive financial compensation from the employer as long as the employee’s actions or conduct occurred within the scope of that employee’s employment.

One example of vicarious liability would be a delivery driver who runs a red light while rushing to make a delivery and crashes into another vehicle, resulting in the driver of that vehicle suffering serious injury. The business the delivery driver works for would be liable for the victim’s damages since the delivery driver was performing their work duties when they ran the light.

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b2ap3_thumbnail_shutterstock_291890765.jpgThe state of Illinois is an at-will employment state, meaning employers are generally allowed to terminate employees for whatever reason they like. However, for many employees, the loss of their job can be so upsetting that they will accuse their employer of terminating them illegally. If you have been accused of an illegal employee termination, contact a Schaumburg, IL employment attorney right away.

Wrongful Termination

There are legal protections in place to protect workers from wrongful termination. “Wrongful termination” does not necessarily mean the termination was unjustified or unfair. It means that the termination violates the law in some way.

Examples of violations include:

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illinois employment discrimination lawyerSeveral years ago, the #MeToo movement exploded across the country following multiple accusations of sexual abuse allegations against film producer Harvey Weinstein. The surge of women and men who came forward to share their stories of sexual assaults, abuse, and harassment permeated almost every industry and workplace. As a result of that movement – and demand for change – the United States House and Senate both have bills that will likely be voted on within the next few weeks, if not days.

The bills would allow employees to sue their employers over workplace sexual harassment or assault no matter what type of contractual restrictions there may be between the two. The bills have bipartisan support and are expected to pass in both chambers.

Workplace Sexual Harassment

According to the Equal Employment Opportunity Commission (EEOC), sexual harassment can affect men or women and includes a variety of different actions and attitudes meant to threaten, intimidate, embarrass, or discriminate others. It may involve physical contact, such as assault or groping, as well as comments, gestures, and other discriminatory behaviors.

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Illinois State Bar Association LawyerCentral.com

1051 Perimeter Drive, Suite 400
Schaumburg, IL 60173
Phone: (847) 995-1205

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