Employee’s Threats Trigger Employer Liability

In Illinois, as a general rule, one person has no duty to prevent the criminal acts of another.  There are exceptions however, such as an employer’s duty to act reasonably when hiring, supervising, and retaining its employees. An employer can be liable if it knew, or should have known, an employee was unfit for the […]

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Non-Compete Agreements and the Illinois Freedom to Work Act

One of the more commonly litigated aspects of the employer-employee relationship is the non-compete agreement. The Illinois Attorney General seems to be cracking down on employers that may be taking advantage of low-wage employees by signing illegal non-compete agreements (even if they are doing so unknowingly), especially in the context of the new Illinois Freedom […]

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Ban on Salary History Inquiries

Illinois employers may soon be prohibited from inquiring about the salary history of prospective job candidates during interviews.  Two significant changes in the law drive this notion. First, the Illinois House of Representatives has overridden the Governor’s veto of legislation that would prohibit inquiries into job candidates’ salary histories, among other things.  The bill is […]

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Overseas Data May Soon Be Subject to Search

The United States Supreme Court has decided to hear a landmark internet privacy case that will determine whether the U.S. government can demand user-data stored by tech companies abroad, U.S. v. Microsoft.  In 2013, federal investigators obtained a warrant for emails and identifying information stored in a Microsoft Outlook account believed to be used for […]

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New Contractor / Sub-contractor Laws

Recently, Illinois passed two laws that have implications that will affect many contractors and their payments to subcontractors.  The first new law deals directly with Illinois Department of Transportation (IDOT) mobilization payments.  A mobilization payment is an advance payment made for the preparatory work and operations necessary to move personnel, equipment, and supplies to a […]

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Oral Agreements Regarding Bonuses Upheld

Let’s take a hypothetical scenario. You were promoted last year and have spent countless long days at the office since then orchestrating a multibillion dollar sale. You expect a handsome bonus as the head of this sale, consistent with what you understood your predecessors to have received. Finally, after just over a year of hard […]

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Illinois Privacy and Cybersecurity Issues

Cybersecurity risks continue to pose threats to an individual’s privacy, as demonstrated by at least two privacy-related hot topic issues in Illinois.  The first is the recent Equifax data breach, and the second is the uptick in volume of litigation surrounding the Illinois Biometric Information Privacy Act. First, Equifax disclosed that its data had been […]

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New I-9 Requirements

On July 17, 2017, the United States Citizen and Immigration Services (“USCIS”) announced the release of a new version of the Form I-9. The Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. This includes both citizens and noncitizens. Both the employee and the […]

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Subway Footlong Litigation

What if your “footlong” sandwich wasn’t quite a foot long? Most people don’t take the time to measure their sandwich to determine if Subway is holding up their end of the bargain, but some Midwesterners did. The results? Their sandwiches were not one foot long. Surprisingly, the sandwiches were approximately 11 inches, resulting in a […]

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Staffing Companies Should Be Wary of Sexual Harassment Claims

In the first week of August 2017, the Seventh Circuit Court of Appeals issued a proverbial warning to staffing companies concerning sexual harassment in the workplace. A panel of three judges determined that a lower court had erred in finding for the employer in a Title VII sexual harassment case. In Nischan v. Stratoshpere Quality, […]

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