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Employment Attorney Serving Chicago and Throughout Illinois

Whether you are an employer or an employee, it is safe to say that the world of employment relationships can be complicated. While counseling employers is our primary focus, our employment attorney at MacDonald, Lee & Senechalle, Ltd. have tenaciously represented both sides of the employment relationship in a variety of forums including negotiation as well as mediation, arbitration hearings and lawsuits.

We advise employers on issues concerning:

  • Proper employee discipline and termination;
  • Executive employment contracts;
  • Severance packages and agreements;
  • Enforcement of non-compete covenants and confidentiality agreements;
  • The Fair Labor Standards Act;
  • The Family and Medical Leave Act;
  • Federal and Illinois discrimination at work laws;
  • Illinois specific employment laws, including work week limitations, unemployment compensation, Illinois Minimum Wage Law issues and leave requirements; and
  • Creation of best-practice employment policies.

Wrongful Termination in Illinois

The employment-at-will doctrine restricts an employee’s ability to bring wrongful termination suits against an employer, as long as the proper steps are taken beforehand. Wrongful termination occurs when an employer discharges an employee in a way that violates the employee’s legal rights. In order to pursue a claim of wrongful termination, courts will require more than mere evidence of unfair treatment.

Employment Contract Violations and Damages

When an employer and employee enter into an employment contract, the document will control many of the rights and responsibilities between the parties. If a party violates the contract, the non-violating party may be entitled to damages.

Enforcement of Covenants Not to Compete

Businesses frequently use covenants not to compete to prevent former employees from working with a competitor after the employment relationship has ended or from using sensitive business information to compete with the former employer. These restrictive clauses allow an employer to seek a court order against a former employee who breaches the covenant as well as damages. However, the contract must be properly drafted in order to be enforceable.

The Fair Labor Standards Act and Illinois Minimum Wage Law

An employer can be subject to requirements under the Fair Labor Standards Act (“FLSA”). However, Illinois is one state where employers can be subject to separate federal and state requirements. The Illinois Minimum Wage Law (“IMWL”) contains both overtime and minimum wage provisions that are often ignored. If both the FLSA and the IMWL apply to an employee, the employee is entitled to earn the higher of the minimum wages set forth in the statutes. A violation of either statute may subject the employer to action in federal court.

Contact Our Chicago Employment Law Attorney

If you need help drafting employment contracts or establishing employment policies, let us help you. If you are being accused of wrongful termination by a former employee and require either counseling or a strong defense, do not attempt to argue the case yourself without the proper knowledge. If a former employee is violating a covenant not to compete, soliciting your customers or using your business’s confidential information or Trade Secrets, let one of our lawyers help you put a stop to it. If you have questions about your business’s rights and obligations under the FLSA or the IMWL, contact MacDonald, Lee & Senechalle, Ltd. to speak to a Chicago employment attorney today.

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