LABOR AND EMPLOYMENT LAW
The field of labor and employment law addresses a full range of matters involving the relationship between an employer and employee, as well as advising and assisting businesses to comply with current laws and regulations and consulting with businesses on how to reduce risk of employment litigation.
The experienced attorneys and staff of the Chicago based Law Offices Of Joseph Younes, P.C. can protect workers when their rights are being violated, and advise on the legal rights and responsibilities of both the employer and the employee with regard to work-related disputes. As with all cases, our goal for each labor and employment law case is to offer exceptional representation with rapid resolution.
Common labor and employment law cases between employers and employees or applicants include:
- Employer’s Failure to Provide Accommodations for Termination After a Work Related Injury
- Employer Retailiation for the Filing of a Workers’ Compensation Claim
- Employee Compensation and Benefits
- Employment Discrimination (on the basis of age, sex, race, color, religion, national origin, disability/handicap, sexual orientation, marital status, veteran status)
- Breach of Employment Contract
- Trade Secrets
- Non-Competition Agreements
- Workplace Violence
- Negligent hiring and retention
- Unemployment Benefits
- Employee Safety (OSHA)
- Family Medical Leave Act (FMLA)
- Wrongful Termination
Illinois state law presumes that employment relationships are “at will.” Meaning, employers and employees are free to terminate the relationship at any time and for any reason. However, establishing that the parties entered into an employment contract or made other promises regarding how or when the relationship would terminate, can override the this legal presumption. Several exceptions can motivate the courts to also ignore the “at will” presumption.
In labor and employment law, the most common exceptions to the “at will” presumption involve public policy. For example, employers cannot fire workers based on discriminatory reasons. Employers also cannot fire an employee in retaliation for filing a worker’s compensation claim, or for being a “whistle blower” to the authorities. Additionally, an employee may be entitled to pursue an action for termination by the employer after a work related injury, such as failure to accommodate the employee’s physical limitations resulting from the injury.
Employers and workers may enter into employment contracts that can describe the length of employment, compensation, disciplinary procedures, reasons for termination, and so on. As long as the contract is otherwise legal, it will be enforced, and the “at will” presumption will not stand. Additionally in the absence of a formally written document, contract terms can be based on oral assurances and other conduct.
Please contact us today for a NO CHARGE CASE EVALUATION as a first step in resolving your labor and employement case.
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