# North Suburban Legal Services LLC > Chicago Business, Tax & Employment Lawyers > Generated by All in One SEO Pro v5.0.3, this is an llms-full.txt file, used by LLMs to index the site. ## Posts ### [What Is A Release Of Claims In A Severance Agreement?](https://nslslaw.com/what-is-a-release-of-claims-in-a-severance-agreement/) **Published:** September 22, 2026 **Author:** admin **Content:** If your employer offers you severance pay, they usually want something in return: a release of legal claims. By signing, you may give up your right to sue over things that happened before you signed. This can include claims about discrimination, retaliation, wrongful termination, harassment, disability discrimination, or other workplace issues, depending on the agreement and whether the law allows those claims to be waived. While severance pay can seem appealing after losing your job, the rights you give up might be worth much more than the payment. We encourage you to fully understand what you are giving up before signing a severance agreement. ## What Does A Release Of Claims Actually Do? A release of claims is a contractual provision in which an employee agrees not to pursue certain legal claims against an employer, usually in exchange for severance compensation or another benefit. The language in these agreements can be broad. They may try to cover claims under federal, Illinois, and local employment laws, as well as contract and common-law claims. Usually, the release covers things that happened on or before the date you sign the agreement. Federal discrimination laws that may appear in a release include Title VII of the Civil Rights Act of 1964, [42 U.S.C. § 2000e](https://www.law.cornell.edu/uscode/text/42/2000e), the Americans with Disabilities Act, [42 U.S.C. § 12101](https://www.ada.gov/law-and-regs/ada/), and the Age Discrimination in Employment Act, [29 U.S.C. § 621](https://www.law.cornell.edu/uscode/text/29/621). Illinois employees may also see references to the Illinois Human Rights Act, 775 ILCS 5/. Section [775 ILCS 5/2-102](https://www.ilga.gov/Documents/legislation/ilcs/documents/077500050K2-102.htm) prohibits numerous forms of unlawful employment discrimination and harassment. Signing a release can therefore affect claims you already know about as well as potential claims you have not yet fully investigated. ### Severance Pay Is Usually Offered In Exchange For The Release Federal law does not require employers to give severance pay just because your job ends. The U.S. Department of Labor says the Fair Labor Standards Act does not require severance pay. Instead, severance is usually set by your employment agreement, company policy, union contract, or a special arrangement. This is one reason why employers often require you to sign a release before giving severance pay. Consider an employee who is entitled to receive a final paycheck and accrued benefits regardless of whether a severance agreement is signed. An employer ordinarily cannot transform compensation already legally owed into consideration for releasing additional rights. A severance package commonly provides something beyond what the employee was already entitled to receive. We look at what the employer is really offering in exchange for your release before deciding if the agreement is a good financial deal. ### A Release Can Cover Serious Discrimination And Retaliation Claims The scope of the release deserves careful attention when an employee believes the termination may have been unlawful. For example, if you complained about discrimination, harassment, or retaliation before being let go, a broad release might try to settle any claims related to those issues. The Illinois Human Rights Act, including [775 ILCS 5/2-102](https://www.ilga.gov/Documents/legislation/ilcs/documents/077500050K2-102.htm), prohibits numerous discriminatory employment practices. Illinois law also protects employees against prohibited retaliation under circumstances covered by the Act. Federal statutes provide separate protections. Title VII addresses employment discrimination based on race, color, religion, sex, and national origin. The ADA addresses disability discrimination, while the ADEA protects qualifying workers from age discrimination. Before we suggest accepting a severance package, we want to know what happened before your job ended. An offer that seems generous at first might not be as good if you have strong evidence for a valuable employment claim. ### Employees Age 40 And Older Receive Additional Protections Federal law imposes specific requirements when an employer asks an employee age 40 or older to waive claims under the Age Discrimination in Employment Act. The [Older Workers Benefit Protection Act](https://www.eeoc.gov/history/older-workers-benefit-protection-act-1990), incorporated into the ADEA at 29 U.S.C. § 626(f), establishes requirements for a knowing and voluntary waiver of ADEA rights. Among other requirements, an individual employee generally must receive at least 21 days to consider an agreement containing an ADEA waiver and 7 days after signing to revoke it. When a waiver is requested as part of certain group termination or exit-incentive programs, employees generally must receive at least 45 days to consider the agreement, together with required information about the affected decisional unit. The agreement must also advise the employee in writing to consult with an attorney before signing. These requirements matter because an employer cannot enforce an ADEA waiver simply by inserting age-discrimination language into an ordinary release and obtaining a signature. ### Not Every Employment Right Can Be Waived In The Same Way A severance agreement might use broad language, but that does not always mean every waiver in it is legally valid. Wage claims are one important example. The U.S. Department of Labor has explained that private out-of-court settlements generally do not, by themselves, result in an effective waiver of an employee’s rights under the Fair Labor Standards Act, [29 U.S.C. § 201](https://www.law.cornell.edu/uscode/text/29/chapter-8). The FLSA gives you rights about minimum wage and overtime, and these claims are handled differently than most discrimination claims. An agreement also cannot necessarily prevent an employee from communicating with or participating in proceedings before government agencies where applicable law protects that activity. This is why we do not judge severance agreements just by how many laws are listed in the release. We look at whether each part is legally valid and what will actually happen if you sign. ### Illinois Law Places Limits On Certain Severance Terms Illinois employees also receive protections under the Workplace Transparency Act, [820 ILCS 96/](https://ilga.gov/legislation/ILCS/details?MajorTopic=BUSINESS%20AND%20EMPLOYMENT&Chapter=EMPLOYMENT&ActName=Workplace%20Transparency%20Act.&ActID=4008&ChapterID=68&ChapAct=820+ILCS+96%2F&SeqStart=50000&SeqEnd=299902). The Act governs certain employment agreements involving discrimination, harassment, retaliation, and other unlawful employment practices. Illinois law distinguishes among employment agreements, settlement agreements, and termination agreements and places restrictions on provisions that attempt to limit disclosures regarding unlawful workplace conduct. For example, [820 ILCS 96/1-30](https://ilga.gov/Documents/legislation/ilcs/documents/082000960K1-30.htm) addresses confidentiality provisions associated with settlement or termination agreements involving alleged unlawful employment practices. Failure to comply with statutory requirements can render certain confidentiality promises void and severable from the remainder of an otherwise enforceable agreement. You should carefully review any confidentiality or nondisclosure terms instead of assuming every restriction in your employer’s agreement is enforceable. ### The Release Is Only One Part Of The Severance Agreement Many employees focus on the severance payment and miss other parts of the agreement that could have important effects. A proposed agreement may include confidentiality obligations, non-disparagement provisions, cooperation requirements, restrictions concerning company information, representations concerning company property, provisions dealing with references, and statements concerning pending claims. We also pay close attention to how the agreement defines the employer and who is being released. Some agreements try to cover not just the company, but also parent companies, subsidiaries, related businesses, officers, directors, employees, benefit plans, and others. The language matters. A few sentences buried in a lengthy agreement can determine whether an employee preserves or permanently gives up an important legal claim. ### Consider The Value Of Your Claims Before Signing The correct question is not simply, “How much severance am I receiving?” The better question is what the employer is asking you to surrender in exchange for that money. We examine the circumstances surrounding your termination, your compensation, length of employment, performance history, disciplinary record, protected complaints, communications with management, treatment of similarly situated employees, and the timing of the termination. If there are signs of discrimination, retaliation, unpaid compensation, contractual violations, or another potential claim, those issues can affect how we evaluate the offer. In some cases, there may also be room to negotiate the amount of severance, continuation of benefits, payment timing, reference language, confidentiality terms, or other provisions before you sign. ## Speak With North Suburban Legal Services Before Signing A Severance Agreement A severance agreement can affect legal rights that may be worth considerably more than the payment offered when your employment ends. Once a valid release becomes effective, claims involving discrimination, retaliation, termination, or other workplace conduct may be difficult or impossible to pursue. Understanding the release before signing can help you make a decision based on the value of both the severance package and the rights the employer wants you to surrender. At North Suburban Legal Services, we represent employees in Chicago and throughout the city of Chicago, Illinois. We can review the proposed severance agreement, evaluate the release of claims, identify possible employment-law issues, and determine whether particular provisions warrant negotiation. If your employer has presented you with a severance agreement or asked you to sign a release of employment claims, contact our [Chicago employment law attorneys](https://nslslaw.com/practice-areas/employment.html) at North Suburban Legal Services by calling [312-909-6089](tel:13129096089) to [receive your free consultation](https://www.nslslaw.com/contact-us.html) and discuss your legal rights before signing. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Business Lawyer --- ### [Can You Sue Your Employer For Gender Discrimination?](https://nslslaw.com/can-you-sue-your-employer-for-gender-discrimination/) **Published:** August 27, 2026 **Author:** admin **Content:** Gender discrimination at work can impact your pay, reputation, confidence, career, and ability to support your family. It can happen during hiring, promotions, pay decisions, discipline, scheduling, pregnancy-related treatment, harassment complaints, layoffs, or termination. Some people notice it right away, while others see a pattern over time. In [Chicago](https://www.chicago.gov/city/en.html), both federal and Illinois laws protect workers when employers make job decisions based on sex, gender, pregnancy, sexual orientation, gender identity, or similar protected traits. We help employees who want clear answers about whether what happened at work could support a legal claim. ## What Counts As Gender Discrimination At Work? Gender discrimination occurs when an employer treats an employee or job applicant worse because of sex, gender, pregnancy, sexual orientation, gender identity, or gender-related stereotypes. Under Title VII of the Civil Rights Act of 1964, [42 U.S.C. § 2000e-2](https://www.law.cornell.edu/uscode/text/42/2000e-2), covered employers may not discriminate against an individual with respect to hiring, discharge, compensation, terms, conditions, or privileges of employment because of sex, among other protected traits. Title VII also protects workers from sexual harassment and retaliation tied to protected complaints. Illinois law provides additional protection. Under the Illinois Human Rights Act, [775 ILCS 5/2-102](https://www.ilga.gov/Documents/legislation/ilcs/documents/077500050K2-102.htm), it is a civil rights violation for an employer to refuse to hire, segregate, harass, discharge, discipline, or otherwise act with respect to employment terms or conditions because of unlawful discrimination. The Act defines unlawful discrimination to include discrimination based on sex, sexual orientation, pregnancy, and other protected categories. Illinois protections often apply broadly, and employees should not assume they have no claim simply because the employer gives a different reason for its actions. Gender discrimination can include not promoting women to leadership, paying someone less because of gender, punishing a worker for not fitting gender stereotypes, treating pregnancy as a problem, ignoring sexual harassment, firing someone after a complaint, or applying rules differently based on gender. The details are important. We review what happened, who made the decisions, the reasons given, how others were treated, and whether documents support or challenge the employer’s explanation. ### How Retaliation Can Become Part Of The Case? ### Many gender discrimination cases also involve retaliation. This can happen when an employee reports discrimination, complains about harassment, supports a coworker’s complaint, asks for a pregnancy-related accommodation, files a charge with an agency, or refuses to take part in discrimination. After these actions, an employer might cut hours, discipline the employee, change schedules, deny opportunities, isolate the worker, create a record of problems, or fire the employee. Federal law bans retaliation under Title VII, including actions against employees who speak out against illegal practices or take part in a complaint, investigation, or legal process. Illinois law also bans retaliation under the Illinois Human Rights Act. Retaliation claims can be strong because the law looks not only at the original discrimination, but also at whether the employer punished the employee for speaking up. Timing can be important. If you complain about gender bias and are suddenly disciplined for something that was ignored before, that timing could be important. If a supervisor acts differently after a complaint, that matters too. We suggest saving written complaints, emails, texts, performance reviews, schedules, pay records, witness names, and any documents that show a change in how you are treated. ### What Evidence Helps Prove Gender Discrimination? ### Gender discrimination is rarely proven by a direct statement. Employers almost never put in writing that a decision was made because of gender. Usually, the evidence comes from patterns, comparisons, timing, documents, and changing explanations. Useful evidence may include job postings, offer letters, pay records, performance reviews, disciplinary notices, emails, text messages, witness statements, HR complaints, promotion records, schedules, leave records, and termination paperwork. Comparators may also matter. A comparator is another employee who was treated more favorably despite similar circumstances. For example, if a female employee is disciplined harshly for an issue while male employees are not disciplined for the same conduct, that may support the claim. Pay discrimination cases often need a close look at job duties, titles, experience, seniority, performance, and pay records. Sexual harassment claims may need proof of unwelcome behavior, a record of complaints, how the employer responded, and whether the behavior affected the workplace. Pregnancy discrimination may involve medical restrictions, leave requests, light-duty policies, scheduling problems, or sudden discipline after telling your employer about a pregnancy. Do not delete messages or secretly record anything in a way that could cause legal trouble. Instead, keep what you are allowed to have, write down dates and names, and talk to an employment attorney before speaking to management again. Keeping good records can turn a vague concern into a strong claim. ### Deadlines Matter In Federal And Illinois Claims ### Employment discrimination claims have strict deadlines. For federal claims, the Equal Employment Opportunity Commission explains that the usual 180-day deadline is extended to 300 calendar days when a state or local agency enforces a law prohibiting employment discrimination on the same basis. In Illinois, employees commonly must act within that 300-day EEOC window for federal employment discrimination charges. Illinois law also has filing rules through the Illinois Department of Human Rights. Because deadlines can change depending on the claim, employer, public job status, federal contractor status, date of the incident, and agency process, employees should not wait. Missing a deadline can mean losing important rights, even if the discrimination was serious. After going through the EEOC process, an employee may get a Notice of Right to Sue. Deadlines for filing in federal court after that notice can be short. Illinois Human Rights Act claims also have rules that must be followed. We help employees choose the right process, protect their claims, and avoid mistakes that employers or their lawyers might use against them. ### What Damages May Be Available? ### If a gender discrimination claim is successful, potential remedies may include lost wages, lost benefits, emotional distress damages, attorney’s fees, costs, reinstatement, promotion, front pay, policy changes, and other relief depending on the facts and the law involved. Federal law may also allow compensatory and punitive damages in certain Title VII cases, subject to statutory limits based on employer size. Illinois remedies may also include relief through the Illinois Human Rights Act process or court, depending on how the claim proceeds. Not every case is worth the same. A case involving being fired and losing wages for a long time is different from a case about a denied promotion, a hostile work environment, or retaliation without being fired. Medical treatment, job search efforts, similar earnings, emotional harm, witness statements, and how the employer acted can all affect damages. We also look at practical goals. Some employees want compensation. Others want a neutral reference, severance review, workplace correction, or protection from retaliation. Before taking action, it is important to understand both the legal claim and the likely consequences. ## Call North Suburban Legal Services For A Free Consultation ## If you believe you were subjected to gender discrimination, sexual harassment, pregnancy discrimination, unequal pay, or retaliation at work, North Suburban Legal Services can help you understand your rights. We represent employees in Chicago and throughout the city of Chicago, Illinois, in employment cases involving discrimination, retaliation, wrongful termination, and related workplace claims. We can review what happened, identify deadlines, evaluate the evidence, and discuss possible next steps. Contact our [Chicago gender discrimination lawyer](https://www.nslslaw.com/chicago-sexual-orientation-discrimination-lawyers.html) at North Suburban Legal Services by calling [312-909-6089](tel:13129096089) to [receive your free consultation](https://www.nslslaw.com/contact-us.html). A timely conversation can help protect your claim before evidence is lost or deadlines expire. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Employment Discrimination Attorney --- ### [Was I Wrongfully Fired Or Simply Treated Unfairly?](https://nslslaw.com/was-i-wrongfully-fired-or-simply-treated-unfairly/) **Published:** September 1, 2026 **Author:** admin **Content:** Losing your job can feel unfair, even if your employer says the termination was legal. Sometimes a supervisor is unreasonable or treats you poorly, but unfair treatment alone does not always mean you have a legal claim. What matters most is why you were fired and whether that reason broke Illinois or federal law, your employment contract, or public policy. Things like timing, emails, performance reviews, workplace complaints, supervisor comments, and how other employees were treated can all be important evidence. When we review a possible wrongful termination or retaliation case in [Chicago](https://www.chicago.gov/city/en.html), we look past the employer’s explanation to see what really happened before you were let go. ## Illinois Generally Follows At-Will Employment Most private-sector jobs in Illinois are at-will. This means your employer can fire you for a good reason, a bad reason, or no reason at all, as long as the real reason is not against the law. This difference can be frustrating. A manager might fire someone due to favoritism, personality clashes, poor judgment, or office politics without breaking employment laws. The situation changes if the firing is linked to discrimination, retaliation, whistleblowing, taking protected leave, wage complaints, or another protected activity. That’s why we start by looking at what happened just before the termination and whether the employee used a right protected by law. ### Discriminatory Termination May Violate Federal And Illinois Law An employer cannot lawfully fire an employee because of a protected characteristic covered by applicable employment discrimination laws. Title VII of the Civil Rights Act of 1964 prohibits covered employers from discriminating based on race, color, religion, sex, and national origin. Federal law also prohibits qualifying age discrimination under the Age Discrimination in Employment Act, or ADEA, which protects workers age 40 and older. Illinois employees may receive additional protections under the [Illinois Human Rights Act](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2266&ChapterID=64), 775 ILCS 5/. The Act prohibits specified forms of employment discrimination and also contains protections against retaliation. A firing is not automatically discriminatory just because the employee is part of a protected group. There must be evidence linking the negative action to that protected characteristic. We look for things like discriminatory remarks, unfair discipline, sudden changes in performance reviews, being replaced by someone else, changing reasons for the firing, or proof that other employees in similar situations were treated differently. ### Retaliation Can Turn An Employment Dispute Into A Legal Claim Sometimes, wrongful termination happens not because of who the employee is, but because of something the employee did. Federal anti-discrimination laws generally prohibit retaliation against employees who engage in protected activity. This can include complaining about unlawful discrimination or harassment, participating in an employment discrimination investigation, filing a charge, or opposing conduct reasonably believed to violate applicable discrimination laws. The Equal Employment Opportunity Commission specifically identifies such actions as protected from retaliation. Illinois provides comparable protections. Under [775 ILCS 5/6-101](https://www.ilga.gov/documents/legislation/ilcs/documents/077500050K6-101.htm), retaliation may constitute a civil rights violation when a person is retaliated against for opposing or reporting conduct the person reasonably and in good faith believes violates protected provisions of the Illinois Human Rights Act. Timing is often important. If an employee makes a protected complaint and is then quickly disciplined, put on a performance plan, denied opportunities, or fired, we check if the employer’s explanation matches the facts. ### Whistleblowers Have Important Protections In Illinois Illinois law also protects certain employees who report unlawful or dangerous conduct. The Illinois Whistleblower Act, [740 ILCS 174](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2495&ChapterID=57), prohibits specified retaliatory actions when an employee makes protected disclosures concerning conduct the employee has a good-faith belief violates state or federal law, rules, or regulations, or presents a substantial and specific danger to employees, public health, or safety. Current Illinois law extends protection to qualifying disclosures made to certain public bodies and specified individuals within or connected to the employer. These cases are highly fact-dependent. We want to know exactly what the employee reported, who received the report, when management learned about it, and what changed afterward. A sudden termination shortly after a protected disclosure does not automatically prove retaliation, but the sequence of events may become important circumstantial evidence. ### Wage Complaints May Also Be Protected Workers sometimes face retaliation after questioning unpaid overtime, minimum wage violations, timekeeping practices, or other compensation issues. The Fair Labor Standards Act, or FLSA, contains an anti-retaliation provision at 29 U.S.C. § 215(a)(3). Federal protections can apply when an employee files a qualifying complaint or participates in protected activity concerning rights under the FLSA. The U.S. Department of Labor identifies retaliation protections involving minimum wage, overtime, recordkeeping, and other wage-and-hour rights. An employer should not be able to avoid wage obligations by firing workers who raise legitimate concerns about legally protected compensation rights. ### The Employer’s Explanation May Not Tell The Whole Story Employers commonly give reasons such as poor performance, restructuring, insubordination, attendance problems, or violation of company policy. Those explanations may be legitimate. They can also sometimes be pretextual. We compare the stated reason with the employee’s actual record. If someone consistently received favorable evaluations and was suddenly labeled a poor performer immediately after making a protected complaint, that inconsistency deserves attention. We also examine whether company policies were applied consistently. If several employees committed the same conduct but only the employee who complained about discrimination was fired, comparative evidence may support a retaliation claim. Documents can be especially important. Emails, text messages, performance evaluations, disciplinary notices, personnel records, written complaints, witness statements, compensation records, and termination communications may help establish the timeline. ### Acting Quickly After A Questionable Termination Matters Employment claims may be subject to strict filing deadlines. Different statutes can have different procedures, administrative requirements, and limitations periods. We encourage employees who believe they were fired illegally to preserve documents immediately. Do not alter records or access systems you are no longer authorized to use, but keep lawful copies of employment documents already in your possession. A prompt legal review can help determine whether what happened was unfair, unlawful, or both. ## Speak With North Suburban Legal Services About A Questionable Termination Being fired unfairly and being fired unlawfully are not always the same thing. Determining which occurred requires a careful review of why you were terminated, what happened beforehand, what management knew, and whether the employer’s explanation matches the evidence. At North Suburban Legal Services, we represent employees in Chicago who believe they suffered retaliatory discharge or other unlawful employment actions. We can review workplace complaints, performance records, disciplinary history, communications, termination documents, and the timing of eents to determine whether federal or Illinois employment protections may apply. If you believe you were fired after reporting discrimination, harassment, wage violations, unlawful conduct, or another protected workplace issue, call our [Chicago wrongful termination lawyers](https://nslslaw.com/chicago-wrongful-termination-attorney.html) at North Suburban Legal by calling [312-909-6089](tel:13129096089) to [receive your free consultation](https://www.nslslaw.com/contact-us.html). The firm represents clients in Chicago and throughout the city of Chicago, Illinois, and can help you determine whether your termination was simply unfair or may provide grounds for legal action. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Employee Rights Lawyer --- ### [How To Document Workplace Discrimination Before Hiring An Illinois Lawyer](https://nslslaw.com/how-to-document-workplace-discrimination-before-hiring-an-illinois-lawyer/) **Published:** July 24, 2026 **Author:** admin **Content:** Proving workplace discrimination can be difficult because it often shows up as patterns, comments, unfair treatment, changing explanations, or decisions made in private. We know it’s stressful when you sense something is wrong but aren’t sure how to prove it. In [Chicago](https://www.chicago.gov/city/en.html), you may have rights under federal, Illinois, and sometimes local laws. Federal laws like Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Equal Pay Act may apply, depending on your situation. Illinois employees can also have claims under the Illinois Human Rights Act, [775 ILCS 5/1-101](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2266&ChapterID=64), which bans unlawful discrimination at work. Before you hire a lawyer in Illinois, keeping good records can help save important details, protect your deadlines, and help us understand what happened. ## Write Down What Happened As Soon As Possible A helpful first step is to make a private timeline. Over time, it’s easy to forget details or mix up dates and events. Your timeline should list dates, times, places, names, job titles, witnesses, what was said or done, and how you responded. Also, note if the issue was about hiring, firing, discipline, pay, promotion, scheduling, job assignments, harassment, accommodation, leave, or retaliation. Title VII, [42 U.S.C. § 2000e-2](https://www.law.cornell.edu/uscode/text/42/2000e-2), says employers cannot discriminate based on race, color, religion, sex, or national origin. Sex discrimination can include pregnancy issues and some types of sexual harassment. The Illinois Human Rights Act also protects employees from discrimination based on things like race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, sexual orientation, pregnancy, military status, and other protected traits. When you write down what happened, try to connect the conduct to a protected category. For example, note the exact biased comment, who said it, who heard it, and what happened next. ### Save Emails, Texts, Messages, And Workplace Records Written communications are strong evidence. Save emails, texts, chat messages, meeting invites, performance reviews, write-ups, policy documents, schedules, pay records, leave requests, accommodation requests, complaints to HR, and any responses from management. If your employer changes their explanation later, these records can show the difference. Make sure to keep documents legally. Don’t take confidential files that aren’t yours, and don’t access company systems after you lose permission. Don’t secretly download private company information that doesn’t relate to your claim. Only save records you received, created, or could access while working. If you’re not sure what you can keep, talk to a lawyer first. This evidence can matter in several types of claims. Under the ADA, [42 U.S.C. § 12112](https://www.law.cornell.edu/uscode/text/42/12112), covered employers may not discriminate against a qualified individual because of disability and may have duties related to reasonable accommodation. Under the ADEA, [29 U.S.C. § 623](https://www.law.cornell.edu/uscode/text/29/623), employers may not discriminate against covered workers because of age. Under the Equal Pay Act, [29 U.S.C. § 206(d)](https://www.law.cornell.edu/uscode/text/29/206), pay differences based on sex may violate federal law when employees perform equal work under the statute’s standards. ### Track Comparators And Unequal Treatment Discrimination cases often rely on comparing how people are treated. Write down how coworkers in similar roles were treated. This could include who got better shifts, higher pay, promotions, training, sales leads, discipline, remote work, leave approval, or job protection. The point isn’t to collect gossip, but to find facts showing that people outside your protected group were treated better in similar situations. For example, if an employee was disciplined for being late, but coworkers outside the protected category were not disciplined for the same issue, that may matter. If an employee requested pregnancy-related accommodations and was denied, but others received temporary job changes for different medical reasons, that may also matter. Under the Illinois Human Rights Act, 775 ILCS 5/2-102, certain employer conduct involving unlawful discrimination, harassment, retaliation, and failure to make reasonable accommodations may be prohibited depending on the facts. A useful comparator note should include names, dates, job titles, supervisors, conduct involved, and the employer’s response. Vague statements such as “everyone else was treated better” are less helpful than clear examples. ### Keep Records Of Complaints And Retaliation Employees should document every complaint made to a supervisor, manager, owner, human resources representative, union representative, ethics hotline, or government agency. Keep copies of written complaints and note the date, recipient, and substance of any verbal complaint. If the employer responds, save that response. Retaliation is a major issue in workplace discrimination claims. Retaliation can include termination, demotion, disciplinary action, reduced hours, schedule changes, poor assignments, exclusion from meetings, threats, or sudden negative reviews after a complaint. Federal anti-discrimination laws prohibit retaliation for protected activity, including opposing discrimination or participating in a discrimination proceeding. Illinois law also prohibits retaliation under the Illinois Human Rights Act. The timing matters. If an employee complains about discrimination on Monday and is written up on Friday for the first time in years, that timeline should be documented. Retaliation claims often depend on close timing, shifting reasons, and proof that management knew about the complaint. ### Document Medical, Emotional, And Financial Harm A workplace discrimination claim may involve more than the unlawful act itself. The harm caused by discrimination should also be documented. Employees should save pay records, benefit records, job search records, medical records, counseling records, prescriptions, and notes showing missed work or lost opportunities. If the discrimination caused anxiety, depression, sleep problems, stomach issues, headaches, panic attacks, or other symptoms, those issues should be discussed with a medical provider. Lost wages can include termination, reduced hours, denied promotion, lower pay, loss of bonus, loss of benefits, or forced resignation, depending on the facts. Emotional distress may also be relevant in some claims. Clear records help us understand the full impact on the employee’s life and finances. ### Watch Filing Deadlines Closely Documentation helps, but deadlines still control. In Illinois, employees generally have 300 days to file an EEOC charge in many discrimination cases because Illinois has a state agency that enforces employment discrimination law. Under recent Illinois law, complaints with the Illinois Department of Human Rights may be filed within two years for civil rights violations occurring on or after January 1, 2025. Deadlines can vary depending on the claim, employer, agency, and facts, so employees should not wait until the last moment. Before hiring a lawyer, employees should gather the timeline, key documents, witness names, complaints, discipline records, pay records, and any termination paperwork. The more organized the information is, the easier it is for us to evaluate the claim and discuss next steps. ## FAQs About Documenting Workplace Discrimination In Illinois ### What Should I Write Down If I Think I Am Being Discriminated Against At Work? Write down the date, time, location, people involved, witnesses, exact words used, and what happened before and after the incident. Include whether the issue involved your race, sex, pregnancy, disability, age, religion, national origin, sexual orientation, gender identity, or another protected category. Do not write only conclusions. Instead of writing “my boss discriminated against me,” write what the boss said or did. For example, note the exact comment, the meeting where it happened, who heard it, and whether any employment action followed. A clear timeline can help an Illinois employment lawyer see patterns that may not be obvious from one event alone. ### Should I Report Workplace Discrimination To Human Resources Before Calling A Lawyer? It depends on the facts, but many employees do report discrimination internally before contacting a lawyer. If you report the issue, do it in writing when possible and keep a copy. Be clear that you are reporting discrimination, harassment, retaliation, failure to accommodate, or unequal treatment connected to a protected category. A vague complaint about “unfair treatment” may not always put the employer on notice of unlawful discrimination. If the situation is serious, if you fear retaliation, or if you have already been terminated, it may be wise to speak with a lawyer quickly before deciding what to say next. ### Can I Record Conversations At Work In Illinois? Illinois has strict rules on recording private conversations. Recording at work without consent can create legal problems. Before recording any conversation, you should speak with a lawyer about Illinois law and the specific facts. Instead of recording, you can often protect yourself by writing a detailed note soon after the conversation. You can also send a follow-up email that confirms what was said. For example, you might write, “I want to confirm my understanding of our meeting today.” Keep the tone professional and factual. Written confirmation can be useful without creating the risks that may come with secret recordings. ### What Documents Should I Save Before Leaving My Job? Save documents you lawfully possess or can properly access. This may include paystubs, offer letters, job descriptions, employee handbooks, schedules, performance reviews, write-ups, emails about complaints, accommodation requests, leave paperwork, termination letters, and text messages with supervisors. Do not take confidential company files that are unrelated to your claim. Do not access accounts after you are no longer authorized. If you are still employed and believe you may be fired, gather your own employment records carefully and lawfully. These records can help show what happened and what money you lost. ### How Do I Prove Retaliation After I Complained About Discrimination? Retaliation can be shown through timing, documents, witness statements, and changes in how the employer treated you after your complaint. Save proof of the complaint, such as emails to human resources or notes from a meeting. Then document what happened afterward. This may include discipline, demotion, reduced hours, reassignment, exclusion from meetings, threats, bad reviews, or termination. If the employer’s attitude changed right after the complaint, that timing may matter. If the employer gives a reason that does not match the records, that may also support the claim. Retaliation claims are often built from a series of facts rather than one document. ### How Long Do I Have To File A Workplace Discrimination Claim In Illinois? Federal and Illinois deadlines are important. Many EEOC discrimination charges in Illinois must be filed within 300 days. Illinois Department of Human Rights complaints may have a longer deadline for certain claims under recent Illinois law, including a two-year filing period for civil rights violations occurring on or after January 1, 2025. The safest approach is to get legal advice as soon as possible. Waiting can make it harder to find records, contact witnesses, and file with the correct agency. A missed deadline can seriously damage or end a claim. ### Can North Suburban Legal Services Help If I Am Still Employed? Yes. Many employees contact us while they are still working because they want to protect themselves before the situation gets worse. We can help review the facts, discuss documentation, evaluate whether the conduct may violate federal or Illinois employment law, and explain possible next steps. Some employees need help preparing for an internal complaint. Others need help after discipline, denial of accommodation, harassment, demotion, retaliation, or termination. Getting advice early can help you avoid mistakes and preserve your claim. ## Call North Suburban Legal Services For Help With Workplace Discrimination In Chicago If you believe you have been discriminated against at work, documentation can make a major difference. North Suburban Legal Services represents employees in workplace discrimination, harassment, retaliation, wrongful termination, disability accommodation, pregnancy discrimination, age discrimination, race discrimination, sex discrimination, and related employment claims. We help workers understand their rights, organize evidence, and decide what steps to take under federal and Illinois law. contact our [Chicago employment attorneys](https://nslslaw.com/practice-areas/employment.html) at North Suburban Legal by calling [312-909-6089](tel:13129096089) to [receive your free consultation](https://www.nslslaw.com/contact-us.html). Our firm represents clients in Chicago and throughout the city of Chicago, Illinois. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Employment Discrimination Attorney --- ### [What Businesses Must Comply With The ADA?](https://nslslaw.com/what-businesses-must-comply-with-the-ada/) **Published:** June 5, 2026 **Author:** admin **Content:** Losing your job after reporting misconduct, filing a complaint, or standing up for your rights can be shocking and financially stressful. Many people think employers can fire them for any reason because of Illinois at-will employment laws, but that is not always the case. Both federal and Illinois laws protect employees from retaliation when they take part in legally protected activities. Retaliatory discharge claims often come up after someone reports discrimination, safety issues, wage problems, harassment, files a workers’ compensation claim, or exposes illegal business practices. In [Chicago](https://www.chicago.gov/city/en.html) and across Illinois, courts make exceptions to at-will employment if the firing goes against a clear public policy. If you face retaliation, you may be able to seek compensation for lost pay, emotional distress, and other damages. We often hear from workers who notice negative treatment soon after raising concerns or joining investigations. Sometimes, employers try to justify firing someone by suddenly documenting performance problems, changing job roles, or saying layoffs are for unrelated reasons. Knowing how Illinois and federal laws apply can help you decide if you have a retaliatory discharge claim. ## Illinois And Federal Laws Prohibit Workplace Retaliation Federal laws protect employees from retaliation when they exercise their rights. Title VII of the Civil Rights Act of 1964, under [42 U.S.C. § 2000e-3](https://www.law.cornell.edu/uscode/text/42/2000e-3), protects workers who report discrimination or take part in investigations about race, sex, religion, national origin, or color. The Americans with Disabilities Act, under [42 U.S.C. § 12203](https://www.law.cornell.edu/uscode/text/42/12203), protects employees who make disability-related complaints or request accommodations. The Fair Labor Standards Act, under [29 U.S.C. § 215(a)(3)](https://www.law.cornell.edu/uscode/text/29/215), protects workers who report unpaid overtime or minimum wage violations. Illinois law also gives employees strong protections. The Illinois Whistleblower Act, under [740 ILCS 174/15](https://ilga.gov/documents/legislation/ilcs/documents/074001740K15.htm), stops employers from retaliating against workers who report illegal conduct or refuse to take part in illegal activities. The Illinois Human Rights Act, under [775 ILCS 5/6-101](https://www.ilga.gov/documents/legislation/ilcs/documents/077500050K6-101.htm), protects employees from retaliation related to discrimination complaints and other protected actions at work. Illinois courts also allow retaliatory discharge claims for employees fired after filing workers’ compensation claims under the Illinois Workers’ Compensation Act. ### Retaliation May Take Different Forms Many people think retaliation only means getting fired, but employers can retaliate in other ways before that happens. Demotions, pay cuts, schedule changes, write-ups, transfers, fewer hours, hostile treatment, and sudden bad reviews can all be signs of retaliation. Sometimes, employers try to force workers to quit by making the workplace unbearable. This can lead to a constructive discharge claim. Timing is often important in retaliation cases. If something negative happens soon after you file a complaint or report misconduct, that timing can help your claim. Employers often say discipline or firing happened for business reasons not related to your complaint. That’s why keeping good records is very important. ### Evidence Can Play A Major Role In Retaliatory Discharge Claims Employees should save emails, text messages, performance reviews, disciplinary notices, complaint records, witness details, and any other evidence related to retaliation. Many people find out too late that important messages were only on company devices or email accounts they can’t access after being let go. We encourage employees to carefully document important workplace events, but always follow company policies and confidentiality rules. Keeping organized records can help show when you made complaints and how your employer responded. Testimony from coworkers or supervisors can also be important if your case goes to court. ### Deadlines May Affect Your Right To File A Claim Retaliation claims usually have strict filing deadlines, depending on the type of claim. For federal discrimination retaliation claims, you generally need to file a charge with the Equal Employment Opportunity Commission before you can sue in court. Illinois law may have different filing steps and deadlines. If you wait too long to talk to a lawyer, you might lose important evidence or miss deadlines that protect your rights. Getting legal advice early can help you figure out which claims apply and what steps you need to take under state or federal law. ## Retaliatory Discharge FAQs ### What Is Retaliatory Discharge? Retaliatory discharge occurs when an employer fires an employee for engaging in a legally protected activity. Examples may include reporting discrimination, filing a workers’ compensation claim, reporting illegal conduct, participating in investigations, or asserting wage and hour rights. ### Can An Employer Fire Me For Reporting Harassment? Federal and Illinois laws prohibit employers from retaliating against employees who report workplace harassment or discrimination. If an employee experiences termination, demotion, reduced hours, or other negative actions after making a complaint, retaliation laws may apply. ### What Is Considered Protected Activity? Protected activity may include reporting discrimination, filing workplace complaints, requesting disability accommodations, reporting safety violations, refusing illegal conduct, participating in investigations, or filing workers’ compensation claims. The specific protection depends on the law involved. ### How Do I Prove Retaliation Happened? Retaliation claims often rely on evidence showing a connection between protected activity and the employer’s adverse action. Emails, disciplinary records, witness testimony, performance reviews, and timing between events may all become important evidence. ### Can I Sue If I Was Forced To Quit? Possibly. Some employees resign because workplace conditions become intolerable after retaliation occurs. That may support a constructive discharge claim if the employee can show the employer intentionally created or allowed the conditions that forced the resignation. ### What Damages May Be Available In A Retaliation Case? Employees may seek damages involving lost wages, lost benefits, emotional distress, reinstatement, front pay, attorney’s fees, and other compensation, depending on the claims involved and the laws that apply. ### Do I Need To File With The EEOC Before Filing A Lawsuit? Some federal retaliation claims require employees to file charges with the Equal Employment Opportunity Commission before filing suit in court. Deadlines may vary depending on the claim and the applicable law. ### Can Employers Retaliate Against Employees For Reporting Wage Violations? No. Federal law under the Fair Labor Standards Act prohibits employers from retaliating against workers who report unpaid overtime, minimum wage violations, or related wage and hour concerns. ## Call Our Chicago Employment Lawyers To Protect Your Legal Rights Employees should not face punishment for reporting illegal conduct or using their workplace rights under Illinois and federal law. North Suburban Legal Services helps employees in Chicago and across Illinois with retaliatory discharge claims, whistleblower cases, discrimination, retaliation, and wrongful termination disputes. Contact our [Chicago employment lawyers](https://nslslaw.com/practice-areas/employment.html) at North Suburban Legal by calling [312-909-6089](tel:13129096089) to [receive your free consultation](https://www.nslslaw.com/contact-us.html). The firm serves clients throughout Chicago and Illinois, helping employees seek justice when workplace retaliation harms their careers, income, or future opportunities. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** ADA Attorney --- ### [Fired After Reporting Misconduct In Illinois? Your Legal Options](https://nslslaw.com/fired-after-reporting-misconduct-in-illinois-your-legal-options/) **Published:** May 1, 2026 **Author:** admin **Content:** Termination after reporting workplace misconduct can be both unfair and distressing. Employees who report illegal or unethical behavior in good faith often face serious consequences, including termination or demotion. Illinois and federal laws offer protections for employees who report wrongdoing, but these protections can be complex, and employers may deny retaliation. We represent individuals in Chicago who believe they were punished for speaking up and work to hold employers accountable for violations. ## Understanding Retaliatory Discharge Under Illinois Law Illinois is an at-will employment state, allowing employers to terminate employees for any reason or none. However, employers cannot terminate employees for engaging in protected activities that support clear public policy. The Illinois Supreme Court has recognized retaliatory discharge claims in situations where an employee is fired for reporting illegal conduct or refusing to participate in unlawful activity. In cases such as [*Palmateer v. International Harvester Co.*](https://law.justia.com/cases/illinois/supreme-court/1981/53780-6.html), the court held that terminating an employee for reporting criminal conduct violates public policy. In addition, the Illinois Whistleblower Act ([740 ILCS 174/1](https://law.justia.com/codes/illinois/chapter-740/act-740-ilcs-174/)) prohibits employers from retaliating against employees who disclose information about illegal activities to a government agency or who refuse to participate in unlawful conduct. This statute provides an important layer of protection for employees who act in good faith. ### Federal Laws That Protect Employees From Retaliation Federal law also protects employees who report misconduct. Several statutes prohibit retaliation based on the type of activity reported. For example, Title VII of the Civil Rights Act of 1964 ([42 U.S.C. § 2000e-3](https://www.law.cornell.edu/uscode/text/42/2000e-3)) makes it unlawful for employers to retaliate against employees who report discrimination or harassment. The Occupational Safety and Health Act ([29 U.S.C. § 660(c)](https://www.law.cornell.edu/uscode/text/29/660)) protects employees who report unsafe working conditions. The Sarbanes-Oxley Act ([18 U.S.C. § 1514A](https://www.law.cornell.edu/uscode/text/18/1514A)) protects whistleblowers in publicly traded companies who report fraud or securities violations. Each law has specific requirements and procedures. We assess your situation to determine which protections apply and identify the best legal strategy. ### What Qualifies As Protected Activity Not all workplace complaints are legally protected. To pursue a retaliatory discharge claim, you must have engaged in a protected activity. Protected activities may include reporting illegal conduct to a government agency, filing a formal complaint about discrimination or harassment, cooperating with an investigation, or refusing to engage in unlawful actions requested by an employer. In many cases, internal complaints to supervisors or human resources may also be protected, especially when they involve violations of law or public policy. The main consideration is whether your actions relate to a recognized legal right or clear public interest. We review your communications, timing, and employer response to determine if your activity is protected. ### How Retaliation Is Proven Employers seldom admit to terminating employees for reporting misconduct, often citing performance or business reasons instead. To prove retaliation, you must show a link between your protected activity and the adverse action. Courts consider timing, behavioral patterns, and inconsistencies in the employer’s explanation. For instance, termination soon after reporting misconduct, especially with a strong performance record, may support a claim. Evidence can include emails, internal reports, witness statements, performance reviews, and disciplinary records. Our attorneys collect and analyze this information to build a strong case. ### Potential Damages In Retaliatory Discharge Cases Employees wrongfully terminated for reporting misconduct may be entitled to compensation, including lost wages, future earnings, and benefits they would have received if not terminated. In some cases, employees may also recover damages for emotional distress, reputational harm, and other personal losses. Some statutes allow for additional remedies, such as attorneys’ fees and punitive damages. The extent of recovery depends on your case and applicable laws. We pursue the maximum compensation available under Illinois and federal law. ## Illinois Employment Frequently Asked Questions ### Can I Be Fired For Reporting Illegal Activity At Work? Employers cannot lawfully terminate you for reporting illegal conduct that violates public policy. Illinois and federal laws protect employees who report wrongdoing in good faith. If your termination is linked to your report, you may have a valid retaliatory discharge claim. ### Do I Need To Report Misconduct To A Government Agency To Be Protected? Not always. Reporting to a government agency can strengthen a claim under the Illinois Whistleblower Act, but internal complaints to supervisors or human resources may also be protected if they involve legal or public policy violations. Each case depends on the facts and how the complaint was made. ### What If My Employer Claims I Was Fired For Poor Performance? Employers may offer alternative reasons for termination to avoid liability. We review performance records, prior evaluations, and event timing to assess if the stated reason is legitimate or a pretext. Sudden negative reviews after a complaint can be a warning sign. ### How Long Do I Have To File A Retaliation Claim In Illinois? The time limit depends on the type of claim. Some federal claims must be filed with the Equal Employment Opportunity Commission within a specific period, often 180 or 300 days. Claims under the Illinois Whistleblower Act and common law may have different deadlines. Acting quickly is important to preserve your rights. ### What Evidence Do I Need To Prove Retaliation? Helpful evidence includes emails, written complaints, performance reviews, disciplinary notices, and any communication related to your report of misconduct. Witness statements and documentation showing changes in treatment after your complaint can also support your case. ### Can I Still Have A Case If I Did Not Put My Complaint In Writing? Yes. While written evidence can strengthen a claim, verbal complaints may still be protected. Testimony, witness accounts, and circumstantial evidence can be used to show that you engaged in protected activity and that retaliation followed. ### What Should I Do If I Believe I Was Retaliated Against? You should gather all relevant documents, avoid deleting communications, and document any interactions with your employer. Seeking legal guidance early can help you understand your options and avoid mistakes that could affect your claim. ## Contact Chicago Employment Law Attorneys For A Free Consultation If you were fired or punished after reporting misconduct, you do not have to accept that outcome without a fight. Our retaliatory discharge attorneys represent employees throughout Chicago who have been treated unfairly after standing up for what is right. We are prepared to evaluate your case and help you pursue justice under Illinois and federal law. If you believe you were wrongfully terminated after reporting misconduct, contact our [Chicago employment law attorneys](https://nslslaw.com/practice-areas/employment.html) at North Suburban Legal by calling [312-909-6089](tel:13129096089) to [receive your free consultation](https://nslslaw.com/contact-us.html). Our firm represents clients throughout the city of Chicago, Illinois, and we are ready to discuss your situation and explain how we may help you move forward. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Employment Law Attorneys --- ### [Off-The-Clock Work In Illinois: When Employers Refuse To Pay For All Hours Worked](https://nslslaw.com/off-the-clock-work-in-illinois-when-employers-refuse-to-pay-for-all-hours-worked/) **Published:** April 21, 2026 **Author:** admin **Content:** Many employees in Chicago and Illinois believe they must be paid for all work performed. However, some employers require tasks before clocking in, after clocking out, or during unpaid breaks. Employees may also be asked to answer emails from home, prepare materials before shifts, or complete assignments after scheduled hours without extra pay. Failing to compensate workers for all job-related time may violate federal and Illinois wage laws. Off-the-clock work occurs across industries such as healthcare, retail, manufacturing, hospitality, and office settings. Workers may comply due to fear of discipline, reduced hours, or termination. Employees who report unpaid work may also face retaliation. Federal and Illinois laws protect workers denied proper wages. Understanding these protections helps employees identify potential violations of their rights. ## Federal Law Requires Payment For All Hours Worked The primary federal law governing wage payments is the [Fair Labor Standards Act](https://www.dol.gov/agencies/whd/flsa) (FLSA), 29 U.S.C. § 201 et seq. This statute requires employers to pay employees for all hours worked and to provide overtime compensation for eligible employees who work more than forty hours in a workweek. Under the FLSA, “hours worked” includes all time an employee is required or permitted to perform job duties for the employer’s benefit. Under the FLSA, “hours worked” includes all time an employee is required or allowed to perform job duties for the employer’s benefit. This covers tasks before or after shifts and work during unpaid breaks. Employers cannot avoid paying wages by failing to record time or instructing employees not to report work. Employees who are required to respond to emails, complete paperwork at home, prepare equipment, or perform other tasks outside scheduled hours. Those activities may qualify as compensable work under federal law. ### Illinois Wage Laws Provide Additional Protections Illinois workers are also protected by the [Illinois Minimum Wage Law](https://labor.illinois.gov/laws-rules/fls/minimum-wage-law.html), 820 ILCS 105/1 et seq., which requires employers to pay at least the state minimum wage for all hours worked and overtime pay for hours exceeding forty in a workweek. In addition, the [Illinois Wage Payment and Collection Act](https://labor.illinois.gov/laws-rules/fls/wage-payment-collection.html), 820 ILCS 115/1 et seq., requires employers to pay employees all wages earned during the course of employment. This includes regular wages, overtime pay, and other compensation promised under employment agreements or company policies. When employers require off-the-clock work without compensation, they may violate both federal and Illinois statutes. These violations can expose employers to liability for unpaid wages, overtime compensation, and additional damages. ### Common Examples Of Off-The-Clock Work Off-the-clock violations often result from workplace practices employees may not recognize as unlawful. Common examples include requiring employees to set up equipment before clocking in, attend unpaid meetings, perform administrative tasks after clocking out, or answer work communications during unpaid time. Employees may be asked to work through meal breaks without pay. Under Illinois law, many are entitled to meal periods under the [One Day Rest In Seven Act](https://labor.illinois.gov/laws-rules/fls/odrisa.html), 820 ILCS 140/1. If work is performed during this time, it may be compensable. Employers sometimes claim that workers volunteered to complete these tasks or that the time was minimal. However, the law focuses on whether the employer knew or should have known that work was being performed. If the employer allowed or encouraged the work, compensation may be required. ### Retaliation For Complaining About Unpaid Work Employees who question unpaid wages sometimes face negative consequences at work. Employers may reduce hours, assign undesirable shifts, issue discipline, or terminate employment after a worker raises concerns about compensation. Illinois law recognizes a claim for retaliatory discharge when an employee is fired for asserting certain legal rights. Illinois courts have long recognized that terminating an employee for asserting rights under wage laws or for reporting unlawful conduct may violate public policy. Employees may also be protected under the Fair Labor Standards Act, which prohibits employers from retaliating against workers who assert their rights regarding unpaid wages or overtime compensation. Workers who experience retaliation after raising wage concerns may have separate legal claims in addition to claims for unpaid wages. ### Understanding Your Rights When Employers Refuse To Pay Off-the-clock work can result in significant wage losses over time. Even small amounts of unpaid work performed daily can accumulate into substantial unpaid wages over weeks, months, or years. Federal and Illinois laws provide mechanisms for employees to recover unpaid wages and hold employers accountable for violations. If an employer has refused to pay for all hours worked or has taken action against an employee who complained about unpaid wages, legal guidance may help determine whether wage violations or retaliatory conduct have occurred. ## Frequently Asked Questions About Off-The-Clock Work In Illinois ### What Is Considered Off-The-Clock Work Under Federal Law? Off-the-clock work generally refers to any job-related activity performed without compensation outside recorded working hours. Under the Fair Labor Standards Act, employees must be paid for all time spent performing duties for the benefit of their employer. This can include work performed before clocking in, after clocking out, or during unpaid breaks. If an employer knows or should reasonably know that an employee is working, the time may be compensable even if the employer did not explicitly request the work. ### Can My Employer Require Me To Answer Emails Or Calls After Work Without Pay? In many situations, the answer is no. If responding to emails, phone calls, or messages is part of your job duties, that time may count as compensable work under federal and Illinois law. Even short tasks performed outside scheduled hours can become compensable if they are necessary for the employer’s business operations. Employers cannot avoid wage obligations simply because the work occurs outside the workplace or outside scheduled shifts. ### What If My Employer Tells Me Not To Record The Extra Time? Employers sometimes instruct employees not to record additional hours even though work is still being performed. This practice may violate the Fair Labor Standards Act and Illinois wage laws. The law focuses on whether the work was performed, not whether it was recorded. If an employer allows or expects employees to perform work without compensation, the employer may be responsible for unpaid wages and additional damages. ### Can I Be Fired For Complaining About Unpaid Wages? Federal and Illinois laws protect workers from retaliation when they assert wage rights. The Fair Labor Standards Act prohibits employers from terminating or disciplining employees for raising concerns about unpaid wages or overtime. Illinois courts also recognize retaliatory discharge claims when employees are terminated for asserting rights protected by law. If an employee is fired or punished after complaining about wage violations, additional legal claims may exist. ### How Can Workers Recover Unpaid Wages For Off-The-Clock Work? Employees may be able to recover unpaid wages through legal action under federal or Illinois law. Remedies may include payment of unpaid wages, overtime compensation, and, in some cases, additional damages and attorney fees. Wage claims may cover unpaid work performed over several years, depending on the circumstances. Workers who suspect wage violations may benefit from discussing the situation with an attorney to determine what legal options may be available. ## Speak With Our Chicago Retaliatory Discharge Attorney Employees deserve to be paid for every hour they work. When employers require off-the-clock work or retaliate against workers who question unpaid wages, the law may provide important protections. North Suburban Legal Services represents employees in wage disputes and retaliatory discharge claims throughout Chicago and across the city of Chicago, Illinois. If your employer has refused to pay you for all hours worked or has taken action against you after you raised concerns about wages, legal guidance may help you understand your rights. Contact our [Chicago employment lawyers](https://nslslaw.com/practice-areas/employment.html) at North Suburban Legal by calling [312-909-6089](tel:13129096089) to [receive your free consultation](https://www.nslslaw.com/contact-us.html). The firm assists workers throughout Chicago and is committed to protecting employees who have been denied fair compensation under federal and Illinois employment laws. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Employment Lawyers --- ### [Pregnancy Discrimination And Accommodation Rights In Illinois](https://nslslaw.com/pregnancy-discrimination-and-accommodation-rights-in-illinois/) **Published:** April 7, 2026 **Author:** admin **Content:** Pregnancy should not jeopardize a worker’s job, income, or career. However, many employees experience changes in workplace treatment after disclosing a pregnancy. Some lose opportunities, face negative remarks, or are denied reasonable adjustments needed to work safely. These challenges can cause significant stress during a period when financial stability and health are critical. Federal and Illinois laws strongly protect pregnant employees. Employers must treat pregnant workers fairly and provide reasonable accommodations for medical needs. Workers cannot be punished, terminated, or forced out of their jobs due to pregnancy or related adjustments. Employers who ignore these obligations may commit serious employment law violations, such as discrimination or retaliatory discharge. Knowing your rights helps protect your job and financial security. ## Federal Law Protects Pregnant Employees From Workplace Discrimination Pregnancy discrimination is prohibited under federal law through Title VII of the Civil Rights Act of 1964, as amended by the [Pregnancy Discrimination Act of 1978](https://www.eeoc.gov/statutes/pregnancy-discrimination-act-1978) (42 U.S.C. §2000e(k)). This law requires employers to treat pregnancy, childbirth, and related medical conditions the same as any other temporary medical condition. This federal law prohibits employers from refusing to hire, terminating, reducing pay, or denying promotions because of pregnancy. If a pregnant employee can perform her job with reasonable adjustments, the employer must consider those accommodations as they would for any employee with a medical limitation. The [Pregnant Workers Fairness Act](https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act) (42 U.S.C. §2000gg), effective in 2023, requires employers with at least fifteen employees to provide reasonable accommodations for pregnancy-related conditions unless it would cause undue hardship. Accommodations may include modified schedules, temporary job adjustments, extra breaks, or reassignment to lighter duties.er protection for pregnant workers. The Illinois Human Rights Act (775 ILCS 5/2-102) prohibits discrimination based on pregnancy and requires employers to provide reasonable accommodations related to pregnancy, childbirth, or related medical conditions. Illinois law requires employers to work with employees to determine appropriate accommodations. These may include temporary transfers to less demanding positions, extra restroom breaks, modified schedules, or limits on heavy lifting. Employers cannot force a pregnant employee to take leave if a reasonable accommodation would allow her to continue working. This protects employees from unnecessary income loss during pregnancy. If an employer refuses to provide reasonable accommodations or treats a pregnant worker unfairly because of pregnancy, the employee may have grounds to file a discrimination claim. ### Retaliation Against Pregnant Workers Is Illegal Pregnant employees may face retaliation after requesting accommodations or reporting discrimination. Retaliation includes termination, demotion, reduced hours, or other negative employment actions. Federal law prohibits retaliation under Title VII of the Civil Rights Act (42 U.S.C. §2000e-3). Employers cannot punish workers for asserting their legal rights under discrimination laws. Illinois law also recognizes claims involving retaliatory discharge, particularly when an employee is fired for asserting legal rights or reporting unlawful conduct. Illinois courts have long recognized retaliatory discharge claims when an employer terminates an employee for reasons that violate public policy. If a pregnant worker requests accommodations or reports discrimination and is then terminated or punished, this may raise serious legal concerns under federal and Illinois law. ### Common Workplace Accommodations For Pregnancy Pregnancy-related accommodations are often minor adjustments that enable employees to work safely. Most require minimal cost or disruption for employers. Examples of reasonable pregnancy accommodations may include: - Temporary lifting restrictions - Additional rest breaks - Permission to sit or stand as needed - Modified work schedules - Temporary reassignment to less physically demanding duties - Time off for prenatal medical appointments Employers who refuse these accommodations without a valid reason may violate federal and Illinois employment laws. ### Legal Options For Workers Facing Pregnancy Discrimination Workers who experience pregnancy discrimination may have several legal options. Claims Workers who experience pregnancy discrimination have several legal options. They may file claims with the Equal Employment Opportunity Commission (EEOC) under federal law or with the Illinois Department of Human Rights under state law. In some cases, employees may also be entitled to reinstatement or other corrective actions. Understanding these rights is an important step toward protecting workplace fairness and holding employers accountable for unlawful conduct. ## FAQs About Pregnancy Discrimination And Accommodation Rights ### What Is Pregnancy Discrimination Under Federal Law? Pregnancy discrimination occurs when an employer treats an employee unfavorably because of pregnancy, childbirth, or related medical conditions. Under the Pregnancy Discrimination Act, employers must treat pregnant employees the same as other employees who have temporary medical conditions. This means employers cannot fire, demote, refuse to hire, or deny opportunities because a worker is pregnant. Discriminatory treatment may also occur when employers refuse accommodations that are provided to other employees with similar limitations. ### What Are Reasonable Accommodations For Pregnancy? Reasonable accommodations are adjustments that allow a pregnant employee to continue working safely. These accommodations may include additional breaks, modified duties, lighter lifting requirements, or flexible scheduling. The Pregnant Workers Fairness Act and the Illinois Human Rights Act require employers to provide these accommodations unless doing so would cause significant difficulty or expense for the employer. In many workplaces, these adjustments are simple and allow employees to remain productive throughout pregnancy. ### Can An Employer Force A Pregnant Employee To Take Leave? Generally, no. Under Illinois law, employers cannot require a pregnant employee to take leave if a reasonable accommodation would allow the employee to continue performing her job. The Illinois Human Rights Act specifically protects employees from being forced off the job unnecessarily. Employers must consider adjustments that allow the employee to continue working before requiring leave. ### What Should I Do If My Employer Refuses A Pregnancy Accommodation? If an employer refuses to provide a reasonable accommodation, employees may have the right to file a complaint with the Equal Employment Opportunity Commission or the Illinois Department of Human Rights. These agencies investigate discrimination claims and may pursue enforcement actions against employers who violate the law. Employees may also pursue legal action seeking damages for lost wages, emotional distress, and other harms caused by discrimination. ### Can I Be Fired For Reporting Pregnancy Discrimination? No. Federal and Illinois laws prohibit retaliation against employees who report discrimination or request accommodations related to pregnancy. If an employer terminates, demotes, or punishes an employee for asserting these rights, the worker may have a retaliation or retaliatory discharge claim. These claims are taken seriously because they involve violations of workplace civil rights protections. ## Speak With Our Chicago Retaliatory Discharge Lawyer Pregnancy discrimination can threaten both your career and your financial stability. Workers have important legal protections under federal and Illinois law, and employers who violate these protections may be held accountable. North Suburban Legal Services, a retaliation discharge attorney serving [Chicago](https://www.chicago.gov/), represents employees whose rights have been violated in the workplace. The firm handles claims involving pregnancy discrimination, retaliation, wrongful termination, and other employment law violations. If you believe your employer treated you unfairly because of pregnancy or refused a lawful accommodation, legal guidance can help you understand your options. Contact our [Chicago employment lawyers](https://nslslaw.com/practice-areas/employment.html) at North Suburban Legal by calling [312-909-6089](tel:13129096089) to [receive your free consultation](https://www.nslslaw.com/contact-us.html). The firm represents workers throughout Chicago and across the entire city of Chicago, Illinois, and is prepared to help employees protect their rights under federal and Illinois employment laws. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Pregnancy Discrimination --- ### [Constructive Discharge In Illinois: When Quitting Is The Same As Being Fired](https://nslslaw.com/constructive-discharge-in-illinois-when-quitting-is-the-same-as-being-fired/) **Published:** March 17, 2026 **Author:** admin **Content:** Many employees assume that quitting a job ends their legal options, but this is not always the case. Federal and Illinois law sometimes treat a resignation as a termination if the employer made working conditions intolerable, a concept known as constructive discharge. We often speak with employees who felt forced to resign and later discover that the law may view their situation differently. Constructive discharge occurs when an employer creates or allows conditions so severe that a reasonable person would feel compelled to resign. These cases are fact-specific and require careful legal analysis. If supported, a constructive discharge claim allows an employee to seek the same legal remedies as if they had been formally terminated. ### What Constructive Discharge Means Under The Law Federal and Illinois law recognize constructive discharge as a form of adverse employment action. Courts assess whether working conditions were objectively intolerable, not just unpleasant. The key standard is whether a reasonable employee in the same situation would feel compelled to resign. Federal courts analyze constructive discharge claims in the context of statutes such as [Title VII of the Civil Rights Act of 1964](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964), the [Americans with Disabilities Act](https://www.ada.gov/), the [Age Discrimination in Employment Act](https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967), and the [Family and Medical Leave Act](https://www.dol.gov/agencies/whd/fmla). Illinois courts apply similar principles under statutes like the [Illinois Human Rights Act](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2266&ChapterID=64). ### Common Situations That Lead To Constructive Discharge Constructive discharge typically results from ongoing misconduct rather than a single event. Examples include repeated harassment, discrimination, retaliation for reporting misconduct, humiliating demotions, unjustified pay cuts, or refusal to accommodate medical needs. Often, employees report these issues internally but see conditions worsen. Courts also consider whether the employer had notice of the problem and failed to take corrective action. When an employer ignores complaints or actively contributes to the hostile environment, that failure becomes part of the legal analysis. ### How Constructive Discharge Affects Employment Claims When constructive discharge is established, the resignation is treated as a termination for legal purposes. This matters because many employment laws require proof of an adverse employment action. A successful constructive discharge claim satisfies that requirement, allowing the employee to pursue claims for discrimination, retaliation, or wrongful termination. For example, under the Illinois Human Rights Act, an employee who resigns due to severe discriminatory conduct may still pursue damages as if they had been fired. The same applies under federal statutes enforced by the Equal Employment Opportunity Commission. ### The Importance Of Timing And Documentation Timing plays a critical role in constructive discharge cases. Courts look at how long the employee endured the conditions and whether the resignation followed closely after the intolerable conduct. Waiting too long without taking action can weaken a claim. Documentation is equally important. Emails, performance reviews, written complaints, witness statements, and medical records often provide the evidence needed to show that the resignation was not voluntary in any meaningful sense. Without documentation, employers frequently argue that the employee simply chose to leave. ### Employer Defenses In Constructive Discharge Cases Employers commonly argue that conditions were not severe enough or that the employee failed to give the company a chance to fix the problem. They may also claim the employee resigned for personal reasons unrelated to the workplace. These defenses make it essential to present a clear timeline and evidence showing how the employer’s actions directly led to the resignation. ### Why Legal Guidance Matters Before And After Resigning Many constructive discharge cases are weakened because employees resign before understanding the legal consequences. While resignation may feel necessary, speaking with an attorney before or shortly after leaving can help protect important rights. Proper guidance helps preserve evidence, meet filing deadlines, and position the claim effectively. ## Frequently Asked Questions About Constructive Discharge In Illinois ### Is Constructive Discharge The Same As Being Fired? Legally, yes. When constructive discharge is proven, the law treats the resignation as a termination caused by the employer. ### Do Working Conditions Have To Be Extreme? They must be objectively intolerable to a reasonable person. Ordinary stress, criticism, or dissatisfaction is not enough. ### Do I Have To Complain Before Resigning? In many cases, yes. Courts often expect employees to give employers notice and an opportunity to correct the problem unless doing so would be futile. ### Can Constructive Discharge Apply To Retaliation Claims? Yes. Retaliatory actions that make continued employment unbearable can support a constructive discharge claim. ### What Deadlines Apply To These Claims? Deadlines vary by statute. Claims under federal law often require filing with the EEOC within strict time limits, while Illinois claims follow the Illinois Department of Human Rights process. ## Call North Suburban Legal Services For Exceptional Representation When an employer pushes an employee out through unlawful conduct, resignation does not mean the employer escapes responsibility. Constructive discharge claims allow employees to hold employers accountable for forcing them into an impossible situation. If you believe you were forced to quit due to intolerable working conditions, contact North Suburban Legal Services to discuss your situation. Contact our [Chicago employment lawyers](https://nslslaw.com/practice-areas/employment.html) at North Suburban Legal by calling [312-909-6089](tel:13129096089) to [receive your free consultation](https://www.nslslaw.com/contact-us.html). The firm represents employees throughout Chicago and the city of Chicago, Illinois. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Employment Lawyers --- ### [How Performance Write-Ups Are Used To Mask Disability Discrimination In Illinois](https://nslslaw.com/how-performance-write-ups-are-used-to-mask-disability-discrimination-in-illinois/) **Published:** March 2, 2026 **Author:** admin **Content:** Many employees first learn they are at risk of termination not through open discussion, but through unexpected performance write-ups. We often hear from workers with strong evaluations who, after disclosing a disability or requesting an accommodation, suddenly receive critical documentation inconsistent with their prior record. While these write-ups are presented as routine management, they can be used to create a paper trail for discipline or termination. When this coincides with disability disclosures, the legal implications are significant. Recognizing how performance documentation can be misused helps employees protect their rights under federal and Illinois law. Disability discrimination cases rarely involve overt statements. Instead, employers often rely on facially neutral actions, such as performance reviews, attendance warnings, or productivity critiques. The law recognizes that discrimination can occur through these indirect methods. Both federal and Illinois statutes prohibit employers from taking adverse action because of a disability or a request for reasonable accommodation, even when the employer attempts to frame the action as performance-related. ## What The Law Says About Disability Discrimination At the federal level, the [Americans with Disabilities Act](https://www.ada.gov/) (ADA), 42 U.S.C. § 12101 et seq., prohibits employers with 15 or more employees from discriminating against qualified individuals with disabilities. This includes discrimination in hiring, discipline, termination, and other terms of employment. The ADA also requires employers to engage in a good-faith interactive process and provide reasonable accommodations unless doing so would cause undue hardship. Illinois law provides even broader protection. The Illinois Human Rights Act ([775 ILCS 5/1-101 et seq.](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2266&ChapterID=64)) applies to many employers with fewer employees and prohibits discrimination based on disability. It also protects employees from retaliation for asserting their rights. When performance write-ups are used as a pretext for discrimination, both statutes may apply. ### How Performance Write-Ups Become A Tool For Pretext Performance write-ups are not illegal, and employers may document legitimate concerns. Problems arise when documentation appears suddenly, escalates quickly, or contradicts an employee’s established record. We often see write-ups issued soon after an employee discloses a medical condition, returns from leave, or requests accommodations. These write-ups may focus on subjective criteria such as attitude, “fit,” or vague productivity concerns. Courts and agencies examine timing and consistency. A positive record followed by sudden negative documentation raises questions about motive. Employers cannot use performance critiques to avoid their duty to accommodate or to remove an employee because of a disability. ### The Interactive Process And Accommodation Requests Both the ADA and the Illinois Human Rights Act require employers to engage in an interactive process once they are aware of an employee’s disability and need for accommodation. This process involves communication, flexibility, and a genuine effort to identify reasonable adjustments. When employers skip this step and instead begin documenting alleged performance failures tied to the disability, that conduct may support a discrimination claim. For example, writing up an employee for reduced productivity without considering modified duties, adjusted schedules, or assistive tools can violate the law. Performance expectations must be evaluated in light of reasonable accommodations. ### Retaliation And Escalating Discipline Performance write-ups are also frequently used as retaliation. Retaliation is prohibited. If an employee is disciplined because they requested accommodations, filed a complaint, or asserted disability rights, that discipline may be unlawful even if framed as performance-based. Escalating discipline following protected activity is a common red flag. ### Why Documentation And Context Matter In disability discrimination cases, documentation cuts both ways. Employer records are often used to justify termination, but inconsistencies, vague language, or shifting explanations can undermine that defense. Emails, prior evaluations, witness testimony, and medical documentation all help establish whether performance concerns were genuine or pretextual. Employees do not need to prove perfect performance, only that disability was a motivating factor in adverse action. ### When To Seek Legal Guidance Employees often wait too long to ask questions, assuming write-ups are final or unavoidable. Early legal guidance can help preserve evidence, clarify rights, and prevent missteps. Disability discrimination claims are time-sensitive and subject to strict filing deadlines under both federal and Illinois law. ## FAQs About Performance Write-Ups And Disability Discrimination ### Are Performance Write-Ups Automatically Illegal After I Disclose A Disability? No. Employers can still address legitimate performance issues. However, write-ups closely following a disclosure or accommodation request may be unlawful if they are used as a pretext for discrimination. ### What Is A “Pretext” In Disability Discrimination Cases? Pretext refers to a false or misleading reason given to hide unlawful discrimination. Performance documentation that contradicts prior evaluations or lacks factual support may be considered pretextual. ### Do I Have To Be Fired To Have A Claim? No. Write-ups, demotions, reduced hours, or hostile treatment can qualify as adverse actions under the ADA and Illinois law. ### What If My Employer Never Discussed Accommodations? Failure to engage in the interactive process can itself be a violation. Employers are required to explore reasonable accommodations once they are aware of a disability. ### How Long Do I Have To Take Action? Deadlines vary depending on whether claims are filed with the EEOC or the Illinois Department of Human Rights. Acting promptly is critical to preserving your rights. ## Call North Suburban Legal Services To Fight For Your Rights Performance write-ups should reflect real issues, not serve as a shield for unlawful discrimination. When documentation is used to marginalize or push out employees with disabilities, the law provides remedies. If you believe performance write-ups are being used to mask disability discrimination, contact North Suburban Legal Services to discuss your situation. Contact our [Chicago employment law attorneys](https://nslslaw.com/practice-areas/employment.html) at North Suburban Legal by calling [312-909-6089](tel:13129096089) to [receive your free consultation](https://www.nslslaw.com/contact-us.html). The firm represents employees in Chicago and throughout the city of Chicago, Illinois. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Disability Discrimination --- ### [Remote Work Requests And The ADA: Are They Reasonable Accommodations In Illinois?](https://nslslaw.com/remote-work-requests-and-the-ada-are-they-reasonable-accommodations-in-illinois/) **Published:** February 17, 2026 **Author:** admin **Content:** Remote work has shifted from a temporary solution to a permanent feature of many workplaces. As more employees request work-from-home arrangements due to medical conditions or age-related limitations, questions often arise about whether those requests qualify as reasonable accommodations. Under both federal and Illinois employment laws, employers have legal duties that do not disappear simply because a job was traditionally performed in person. Disputes frequently occur when employers deny remote work requests without fully analyzing their obligations. Understanding how the law evaluates these requests is critical for employees who believe their rights have been overlooked. ## The Legal Framework For Remote Work Accommodations The primary federal law governing disability accommodations is the Americans with Disabilities Act, codified at [42 U.S.C. § 12101](https://www.law.cornell.edu/uscode/text/42/12101). The ADA requires covered employers to provide reasonable accommodations to qualified employees with disabilities unless doing so would create an undue hardship. Illinois law provides parallel and, in some cases, broader protection through the Illinois Human Rights Act, [775 ILCS 5/2-102](https://www.ilga.gov/Documents/legislation/ilcs/documents/077500050K2-102.htm), which prohibits disability discrimination and requires reasonable accommodation. Remote work may qualify as an accommodation under both laws, depending on the job duties and the employee’s limitations. ### What Makes A Remote Work Request Reasonable A remote work request is evaluated based on whether the employee can perform the essential functions of the job with the accommodation. Courts examine job descriptions, actual work practices, and whether in-person attendance is truly required. If the work was successfully performed remotely in the past, that history often becomes relevant. Employers cannot reject a request based on general assumptions or personal preferences. The focus remains on functionality, not tradition. ### The Interactive Process Requirement Both federal and Illinois law require employers to engage in a good-faith interactive process once an accommodation request is made. This obligation is central to [29 C.F.R. § 1630.2(o)](https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XIV/part-1630/section-1630.2) and is recognized under Illinois law as well. Employers must communicate with the employee, request appropriate documentation if needed, and explore potential solutions. Automatically denying a remote work request without discussion may itself violate the law, even if the employer later claims hardship. ### When Employers Claim Undue Hardship Employers often argue that remote work creates undue hardship. Under the ADA, undue hardship means significant difficulty or expense, not mere inconvenience. Courts consider factors such as business size, resources, and operational needs. Illinois courts apply similar reasoning under the Illinois Human Rights Act. Blanket policies against remote work are often scrutinized, particularly when exceptions exist for other employees. ### Remote Work, Age, And Disability Overlap Remote work disputes frequently intersect with age discrimination. Older employees may request remote arrangements due to health conditions that qualify as disabilities. If an employer treats older workers’ requests less favorably than similar requests from younger employees, that conduct may raise issues under the Age Discrimination in Employment Act, [29 U.S.C. § 621](https://uscode.house.gov/view.xhtml?path=/prelim@title29/chapter14&edition=prelim), in addition to disability laws. The combination of age and disability protections often strengthens an employee’s legal position. ### Common Mistakes Employers Make Employers often rely on outdated job descriptions, fail to assess actual job duties, or ignore successful remote work history. Others require excessive medical documentation or delayed responses, effectively denying the request. These actions can expose employers to liability under both federal and Illinois statutes. ## ADA Compliance Frequently Asked Questions ### Can My Employer Deny Remote Work Just Because They Prefer In-Person Work? No. Preference alone is not a legal basis for denial. Employers must show that in-person attendance is an essential job function or that remote work would cause undue hardship. ### Does A Remote Work Request Have To Be Permanent? Not necessarily. Accommodations can be temporary or modified over time. Many employees request remote work on a part-time or trial basis, which employers must still consider. ### What Kind Of Medical Documentation Can An Employer Request? Employers may request documentation that confirms a disability and explains functional limitations. They cannot demand unnecessary details or full medical records. ### What If My Job Was Remote During The Pandemic? Prior remote work is often relevant. If duties were successfully performed remotely, employers may have difficulty arguing that remote work is impossible. ### Can My Employer Force Me To Take Leave Instead Of Working Remotely? Forcing leave without considering remote work may violate the ADA and Illinois law. Employers must consider accommodations that allow continued employment when feasible. ### Does Remote Work Apply To Mental Health Conditions? Yes. Mental health conditions can qualify as disabilities under both federal and Illinois law if they substantially limit major life activities. ### What If My Employer Never Responds To My Request? Failure to respond can be evidence of a breakdown in the interactive process, which may itself constitute a legal violation. ### Can Remote Work Be A Reasonable Accommodation For Older Employees? Age alone is not a disability, but age-related conditions often qualify. Employers must evaluate requests without age-based bias. ## Talk With A Chicago ADA Discrimination Attorney About Remote Work Rights Remote work accommodation disputes often involve complex overlaps between disability and age discrimination laws. At North Suburban Legal Services, we represent employees facing denied accommodation requests and discriminatory treatment. We work with clients throughout Chicago to protect their workplace rights under both federal and Illinois law. Contact our [Chicago ADA attorneys](https://nslslaw.com/chicago-americans-with-disabilities-act-lawyer.html) at North Suburban Legal by calling [312-909-6089](tel:13129096089) to [receive your free consultation](https://www.nslslaw.com/contact-us.html). We proudly represent clients in Chicago and throughout the city of Chicago, Illinois. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** ADA Attorneys --- ### [How To Prove Age Discrimination In The Illinois Workplace](https://nslslaw.com/how-to-prove-age-discrimination-in-the-illinois-workplace/) **Published:** February 2, 2026 **Author:** admin **Content:** Age discrimination cases are rarely obvious, and that is what makes them difficult for employees to recognize and prove. Many workers in Chicago come to us after being told their termination was about “performance,” “restructuring,” or “new direction,” even though nothing meaningful changed except their age. Older employees are often quietly pushed out, replaced by younger workers, or pressured to leave through subtle workplace tactics. These cases usually develop over time rather than through a single event. Understanding how age discrimination is proven under the law is the first step toward protecting your rights. Age discrimination claims in Illinois are governed by both federal and state law. At the federal level, the [Age Discrimination in Employment Act](https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967) protects workers who are age 40 and older. Illinois law provides additional protections through the [Illinois Human Rights Act](https://ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2266&ChapterID=64). Together, these laws prohibit employers from making employment decisions based on age rather than ability. ### What Counts As Age Discrimination Under Federal And Illinois Law Age discrimination occurs when an employer treats an employee less favorably because of age. Under the Age Discrimination in Employment Act, employers may not discriminate against workers age 40 or older in hiring, firing, promotions, compensation, or other terms of employment. The Illinois Human Rights Act goes further by applying to a broader range of employers and covering additional employment practices. Importantly, the law does not require employers to admit discriminatory intent. Instead, courts look at conduct, patterns, and outcomes. Decisions that disproportionately harm older employees can still violate the law, even when framed as neutral business choices. ### Common Signs Of Age Discrimination At Work Age discrimination often shows up through patterns rather than direct statements. Employers may begin criticizing long-standing performance without explanation, place older workers on sudden performance improvement plans, or exclude them from training opportunities. In layoffs, older workers may be selected at higher rates than younger employees with similar roles. Comments about being “overqualified,” “slowing down,” or “not fitting the culture” are also red flags. While these phrases may sound neutral, courts frequently view them as coded references to age when supported by other evidence. ### How Evidence Is Used To Prove Age Discrimination Proving age discrimination usually involves showing that age was a motivating factor in an adverse employment decision. This often involves comparing how older employees were treated with how younger employees in similar roles were treated. Performance reviews, internal emails, hiring records, and termination data can all become critical evidence. Under federal law, employees must show that age was the “but-for” cause of the adverse action. Illinois law allows claims to proceed when age was a motivating factor, even if other reasons were also cited. This distinction can be important when evaluating potential claims. ### Termination, Layoffs, And Forced Retirement Many age discrimination claims arise from terminations or layoffs. Employers sometimes use reductions in force to eliminate higher-paid, older workers. Courts look closely at whether layoffs were implemented fairly and whether younger workers were retained or rehired. Forced retirement is another common issue. Employers may pressure older workers to leave through severance offers or repeated suggestions that retirement is expected. When retirement is not truly voluntary, legal protections may apply. ### Why Documentation And Timing Matter Timing can be powerful evidence. Sudden discipline after decades of positive performance, or termination shortly after an employee reaches a certain age milestone, raises serious concerns. Employees who keep copies of evaluations, emails, and job postings often have stronger cases. Both federal and Illinois laws also impose strict deadlines for filing claims with the Equal Employment Opportunity Commission or the Illinois Department of Human Rights. Missing these deadlines can prevent a case from moving forward. ## Age Discrimination Frequently Asked Questions ### What Age Is Protected Under Age Discrimination Laws? Federal law protects workers age 40 and older. Illinois law follows the same standard but applies to more employers and employment situations. ### Can An Employer Fire Me Because I Cost More Due To My Salary? An employer may consider cost, but if salary is closely tied to age and older workers are targeted, courts may view that as age discrimination. ### Do I Need Direct Statements About Age To Prove My Case? No. Most cases rely on circumstantial evidence, patterns, and inconsistencies rather than direct admissions. ### Is Being Replaced By A Younger Worker Required To Prove Discrimination? Replacement by a younger worker helps, but it is not required. Other evidence may still support a claim. ### What If My Employer Claims Poor Performance? Courts examine whether performance concerns are genuine or exaggerated. Sudden criticism after years of positive reviews is often questioned. ### Can I Be Discriminated Against Even If I Am Not Fired? Yes. Demotions, pay cuts, denial of promotions, and exclusion from opportunities can all qualify as adverse actions. ### How Long Do I Have To File An Age Discrimination Claim? Deadlines depend on whether the claim is filed under federal or Illinois law. Acting quickly is critical. ### Does Accepting Severance Affect My Rights? Some severance agreements include waivers. These waivers must meet strict legal requirements to be enforceable. ### Speak With A Chicago Age Discrimination Attorney Today Age discrimination cases require careful analysis of workplace conduct, records, and timing. At North Suburban Legal Services, we represent employees throughout Chicago who believe they were treated unfairly because of age. We understand how Illinois and federal laws work together and how employers attempt to justify discriminatory decisions. To [receive your free consultation](https://www.nslslaw.com/contact-us.html), contact the [age discrimination lawyers](https://nslslaw.com/chicago-age-discrimination-lawyer.html) at North Suburban Legal Services at [312-909-6089](tel:13129096089). We proudly represent clients throughout the city of Chicago, Illinois. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Age Discrimination Lawyers --- ### [How Pay Disparities Can Indicate Sex Or Age Discrimination In Illinois Workplaces](https://nslslaw.com/how-pay-disparities-can-indicate-sex-or-age-discrimination-in-illinois-workplaces/) **Published:** January 20, 2026 **Author:** admin **Content:** Pay inequities can be subtle, persistent, and deeply damaging to an employee’s long-term financial security. Many workers in Chicago come to us unsure whether the wage gap they experience is simply unfair or unlawful. Because compensation structures often lack transparency, the signs of discrimination may appear gradually. Employees may notice they are earning less than younger coworkers performing the same work, or that men in similar roles advance more quickly and receive higher starting salaries. These observations raise serious concerns, and understanding the legal standards that apply under federal and Illinois law is essential. When discrimination affects pay, employees have legal rights and meaningful remedies. ## Federal And Illinois Laws That Protect Employees From Pay Discrimination Under federal law, sex-based wage discrimination is prohibited by both the [Equal Pay Act of 1963](https://www.eeoc.gov/statutes/equal-pay-act-1963) (29 U.S.C. § 206(d)) and [Title VII of the Civil Rights Act of 1964](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964) (42 U.S.C. § 2000e-2). The Equal Pay Act requires employers to pay men and women equally when they perform jobs that require equal skill, effort, and responsibility under similar working conditions. Title VII broadens that protection by prohibiting compensation discrimination based on sex, age, race, or other protected categories. Age-based wage discrimination is prohibited under the [Age Discrimination in Employment Act](https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967) (ADEA), 29 U.S.C. § 621, which protects workers aged 40 or older from adverse treatment in compensation, hiring, promotion, and termination. Illinois law provides even stronger protections. The [Illinois Equal Pay Act](https://labor.illinois.gov/laws-rules/conmed/equalpay.html) (820 ILCS 112/1) prohibits discrimination not only for equal work but also for “substantially similar work,” a broader standard that covers situations where titles differ but duties overlap. Illinois also enforces age discrimination protections through the [Illinois Human Rights Act](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2266&ChapterID=64) (775 ILCS 5/1-102), which bars employers from paying older workers less because of their age. ## How Pay Disparities Usually Develop In The Workplace Unequal pay often arises slowly and inconsistently, making it difficult for employees to recognize the pattern at first. Common scenarios include: - A younger employee or a male coworker receives a higher starting salary for the same role. - Raises and bonuses are given disproportionately to certain groups. - Women or older employees are placed on lower pay scales despite strong performance histories. - Job titles are altered to justify wage discrepancies even when job duties remain essentially the same. These trends are important because pay discrimination is rarely a single event. It is typically demonstrated by examining the employer’s long-term compensation practices, how pay decisions are documented, and whether objective performance metrics support the employer’s explanations. ## Warning Signs That Pay Disparities May Be Unlawful Employees often ask us how to determine whether a pay gap is discriminatory or simply part of an employer’s pay structure. Some signs strongly suggest discrimination: - Salary differences that cannot be explained by experience, education, or performance - Repeated pay increases are given to younger workers when older workers are denied similar raises - Men receiving larger bonuses despite identical duties - A pattern of hiring younger employees at higher pay for the same job - Comments indicating bias related to age, gender, appearance, or family status When these patterns appear, it becomes necessary to examine whether the employer followed consistent criteria for pay decisions or whether subjective judgments played too large a role. ## How We Build A Pay Discrimination Case To prove unlawful pay discrimination, we gather evidence from pay scales, performance reviews, job descriptions, and internal communications. Under the Equal Pay Act, employers must prove that any pay differences are based on legitimate factors such as seniority, merit, or production. When these explanations do not align with the facts, they often collapse under scrutiny. Under Title VII, the ADEA, and the Illinois Human Rights Act, we also analyze whether discriminatory motives influenced compensation decisions. When necessary, we work with economists to show how pay disparities accumulated over time and how they affected an employee’s earnings, benefits, and career advancement. ## Why Pay Transparency Matters Under Illinois Law Illinois has taken steps to promote pay transparency and strengthen enforcement. Amendments to the Illinois Equal Pay Act require employers to keep detailed compensation records and prohibit retaliation against workers who discuss wages. These protections make it easier for employees to identify discrepancies and seek legal help without fear of punishment. ## Frequently Asked Questions About Pay Discrimination In Illinois ### How Do I Know If A Pay Difference Is Illegal Or Just Unfair? Not all pay differences are automatically discriminatory. Some may be tied to experience, credentials, or performance. However, when a pay gap aligns with a protected characteristic such as sex or age, and there is no credible explanation, the difference may constitute unlawful discrimination under the Equal Pay Act, Title VII, the ADEA, or the Illinois Human Rights Act. We evaluate whether the employer used consistent standards when setting pay. If employees with substantially similar duties receive higher wages, bonuses, or raises without a legitimate reason, that is a strong sign of discrimination. ### What Kind Of Evidence Is Needed To Prove Pay Discrimination? Evidence can include salary records, job descriptions, performance evaluations, internal emails, and statements from supervisors or coworkers. We also examine hiring practices and raise patterns to demonstrate that disparities are systemic rather than accidental. Under the Equal Pay Act, once a pay gap is shown, the employer must justify it. We focus on exposing inconsistencies in those explanations. ### Can My Employer Fire Me For Asking About My Pay Rights? No. Both federal and Illinois laws prohibit retaliation. Under the Illinois Equal Pay Act and Title VII, employers cannot punish an employee for asking about pay, filing a discrimination complaint, or supporting another worker’s complaint. Retaliation claims often succeed even when the pay discrimination claim is still under investigation. Employees should document retaliatory behavior such as schedule cuts, demotions, or hostile treatment. ### Does Pay Discrimination Affect Retirement And Long-Term Earnings? Yes. Wage disparities compound over time. Lower salaries lead to smaller raises, reduced bonuses, and diminished retirement contributions. Employees often discover that years of unequal pay have significantly affected their financial stability. These long-term impacts are central to damage calculations in discrimination cases, and courts may award back pay, front pay, and other compensation. ### What If My Job Title Is Different From Others Who Make More Than I Do? Illinois law protects employees even when titles differ, as long as the jobs require substantially similar skill, effort, and responsibility. Employers sometimes use titles to justify pay differences, but courts look at the actual duties performed. If the work is essentially the same, a different job title does not excuse lower pay. ## Call North Suburban Legal Services For Help With Pay Discrimination Claims If you believe you are being paid less because of your sex or age, we can investigate the facts, protect your rights, and pursue compensation under federal and Illinois law. Our team is committed to holding employers accountable when pay practices violate the law. Contact our [Chicago employment law lawyers](https://nslslaw.com/practice-areas/employment.html) at North Suburban Legal by calling [312-909-6089](tel:13129096089) to [receive your free consultation](https://www.nslslaw.com/contact-us.html). We represent employees in Chicago and throughout the surrounding communities, and we are ready to help you assert your rights and recover the pay you deserve. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Employment Law Lawyers --- ### [What To Do If Your Employer Denies A Disability Accommodation Request In Illinois](https://nslslaw.com/what-to-do-if-your-employer-denies-a-disability-accommodation-request-in-illinois/) **Published:** January 6, 2026 **Author:** admin **Content:** When an Illinois employee asks for a disability accommodation and receives a denial, the situation can feel confusing and deeply unfair. Many workers assume they have no control once an employer refuses to adjust job duties, modify schedules, or provide assistive tools. Others worry about retaliation or losing their job if they press the issue. These concerns are understandable, especially when a denial affects the ability to work safely and effectively. As plaintiff-side employment attorneys, we want workers to understand that federal and state laws protect their right to request accommodations and challenge improper denials. There are clear steps to take, and every step matters. ## Understanding Your Rights Under Federal And Illinois Law Two key laws protect employees seeking disability accommodations. The [Americans with Disabilities Act (ADA)](https://www.ada.gov/), applies to employers with 15 or more employees. Illinois workers also benefit from protections under the [Illinois Human Rights Act (IHRA)](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2266&ChapterID=64), [775 ILCS 5/1-101](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2266&ChapterID=64), which applies to most employers statewide and often provides broader coverage. Both laws require employers to provide reasonable accommodations to employees with disabilities unless doing so would create an undue hardship. Accommodations may include modified work schedules, remote work, reassignment to open positions, ergonomic equipment, or changes to job tasks that do not fundamentally alter the job. A denial is not necessarily final. Employers must participate in what the ADA and IHRA call the “interactive process”, meaning they must communicate with the employee, evaluate needs, discuss alternatives, and make a sincere effort to reach a workable solution. When employers refuse to discuss options or reject a request without proper evaluation, they may be violating the law. ## Why Employers Deny Disability Accommodation Requests Employers deny accommodation requests for different reasons. Some claim the request creates an undue hardship, which under federal and Illinois law is defined as significant difficulty or expense. Others deny requests based on incorrect assumptions about what the employee can or cannot do. In some cases, the denial stems from missing medical documentation or an employer’s misunderstanding of legal obligations. We often find that the real issue involves poor communication inside the workplace. Employers sometimes deny requests simply because they do not understand that the law requires more than a quick dismissal. ## Steps To Take After A Denial The first step is to request clarification in writing. Ask the employer why the accommodation was denied and request a meeting to continue the interactive process. Written communication creates a clear record that may become important later. The second step is to ensure that all medical documentation is up to date. Under both the ADA and IHRA, employers may request limited medical information to confirm the disability and need for accommodation, but they cannot demand excessive or irrelevant records. The third step is to propose alternative accommodations. Even if the employer refuses the initial suggestion, they must evaluate other options. For example, if remote work is denied, a modified schedule or ergonomic adjustment may still be reasonable. If the employer refuses to reconsider or refuses to participate in the interactive process at all, legal action may become necessary. Employees may file a charge with the [Equal Employment Opportunity Commission](https://www.eeoc.gov/) (EEOC) or the [Illinois Department of Human Rights](https://dhr.illinois.gov/) (IDHR). These agencies investigate whether the denial violates the ADA or IHRA. ## Recognizing Signs Of Unlawful Retaliation Workers sometimes face retaliation after requesting accommodations, including reduced hours, write-ups, demotion, or termination. Both the ADA and IHRA strictly prohibit retaliation against employees who assert their rights. Proof of retaliation often becomes a separate claim that strengthens the overall case. We encourage workers to document any unusual treatment immediately after requesting an accommodation. ## How Legal Representation Protects Your Rights Accommodation denial cases frequently turn on documentation, employer communications, and whether the employer genuinely considered alternatives. We analyze every step of the process to determine where the employer failed to follow the law. Our goal is to secure the accommodation you need, pursue damages when the employer acted unlawfully, and make sure your rights under federal and Illinois law are fully enforced. ## Frequently Asked Questions About Disability Accommodation Denials In Illinois ### What Counts As A Disability Under Federal And Illinois Law? Under the ADA, the term “disability” includes physical or mental impairments that limit a major life activity. Illinois law under the IHRA uses a very similar standard and often provides broader coverage. Conditions such as diabetes, depression, anxiety disorders, cancer, autoimmune disorders, back injuries, neurological conditions, and many others may qualify. Importantly, an employee does not need to be permanently disabled; temporary conditions that significantly limit daily activities may still qualify. ### Does My Employer Have To Give Me The Exact Accommodation I Requested? Not necessarily. The employer must consider your request, but the law allows them to propose alternatives as long as those alternatives enable you to perform the essential functions of your job. However, employers cannot ignore or dismiss your request without evaluation. They must participate in a meaningful, interactive process. If they deny the request without offering any alternatives, that behavior can violate the ADA or IHRA. ### What Should I Do If My Employer Refuses To Participate In The Interactive Process? Document everything. Send written follow-up emails requesting clarification and a discussion about possible accommodations. Lack of communication is one of the strongest indicators of a legal violation. Employers are required to communicate with employees to find an effective accommodation. If they refuse, you may file a charge with the EEOC or IDHR. The documentation you gathered will play a critical role in proving your case. ### Can My Employer Demand Extensive Medical Records Before Approving a Request? Under both federal and Illinois law, employers may only request medical information that is reasonably necessary to verify the disability and the need for accommodation. They cannot demand unrelated medical history or require intrusive examinations. When employers overreach, we challenge these requests and ensure your privacy rights are protected. ### What If I Am Fired After Requesting A Disability Accommodation? Termination shortly after an accommodation request raises serious red flags. Both the ADA and IHRA prohibit retaliation against employees for asserting their rights. If you were fired, demoted, written up, or disciplined after requesting accommodations, you may have multiple claims. We evaluate the timeline, compare the treatment of other employees, and review the employer’s stated reasons to determine whether retaliation occurred. ### How Long Do I Have To File A Charge With The EEOC Or IDHR? Under federal law, most employees must file a charge with the EEOC within 300 days of the unlawful action. For Illinois claims under the IHRA, employees generally have 300 days to file with the IDHR. Missing these deadlines may limit your options, making early action extremely important. ## Call North Suburban Legal Services For Help With Disability Accommodation Denials If your employer denied your request for a disability accommodation, or if you feel pressured, ignored, or retaliated against, our attorneys are prepared to help. We evaluate your situation, explain your rights, and work to secure the accommodations and legal protections you deserve. Contact our [Chicago employment law attorneys](https://nslslaw.com/practice-areas/employment.html) at North Suburban Legal by calling [312-909-6089](tel:13129096089) to [receive your free consultation](https://www.nslslaw.com/contact-us.html). We represent employees across Chicago and throughout the surrounding communities. You do not have to handle this alone. We are ready to stand with you. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Disability Discrimination --- ### [Sexual Orientation And Gender Identity Discrimination In Illinois Employment Law](https://nslslaw.com/sexual-orientation-and-gender-identity-discrimination-in-illinois-employment-law/) **Published:** December 15, 2025 **Author:** admin **Content:** As employment discrimination attorneys serving clients throughout Chicago, we have seen firsthand how workplace bias based on sexual orientation or gender identity can devastate an employee’s career, mental health, and financial stability. Many people are unaware that both federal and Illinois laws now provide strong protections for LGBTQ+ employees. These laws prohibit employers from discriminating against workers based on who they are, who they love, or how they express their gender. Understanding your rights under these laws is essential if you believe you have been treated unfairly. At North Suburban Legal Services, we help clients assert these rights and hold employers accountable for unlawful conduct. ## Federal Protections Under Title VII The cornerstone of federal workplace anti-discrimination law is [Title VII of the Civil Rights Act of 1964](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964) (42 U.S.C. § 2000e-2). Title VII prohibits employers with 15 or more employees from discriminating on the basis of race, color, religion, sex, or national origin. For decades, “sex” was not explicitly interpreted to include sexual orientation or gender identity. However, in [Bostock v. Clayton County, 590 U.S. (2020)](https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf), the United States Supreme Court ruled that discrimination against employees for being gay or transgender is a form of sex discrimination under Title VII. This landmark decision established that firing, demoting, or otherwise treating an employee unfavorably because of their sexual orientation or gender identity violates federal law. Examples include refusing to hire someone who is openly gay, denying promotions to transgender employees, or allowing coworkers to create a hostile work environment based on a person’s gender expression. Under Title VII, victims of discrimination may seek remedies such as reinstatement, back pay, front pay, compensatory damages, and, in some cases, punitive damages. The Equal Employment Opportunity Commission (EEOC) enforces these protections at the federal level, and employees generally must file a charge with the EEOC before pursuing a lawsuit in federal court. ## Illinois State Protections Under The Human Rights Act Illinois law provides even broader safeguards through the [Illinois Human Rights Act](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2266&ChapterID=64) (775 ILCS 5/1-101 et seq.). This statute expressly prohibits discrimination on the basis of sexual orientation and gender identity in employment, housing, and public accommodations. “Sexual orientation” includes homosexuality, heterosexuality, bisexuality, and gender-related identity, whether or not traditionally associated with a person’s assigned sex at birth. Under the Illinois Human Rights Act, employers cannot refuse to hire, discharge, segregate, or otherwise treat employees or applicants unfavorably because of sexual orientation or gender identity. They also cannot retaliate against employees for reporting discrimination, filing complaints, or participating in an investigation. Claims under Illinois law are filed with the [Illinois Department of Human Rights](https://dhr.illinois.gov/filing-a-charge.html) (IDHR). Once the IDHR investigates and issues a determination, employees may pursue their case before the [Illinois Human Rights Commission](https://hrc.illinois.gov/) (IHRC) or elect to file a lawsuit in state court. Remedies available under state law include reinstatement, lost wages, emotional distress damages, attorney’s fees, and other equitable relief. ## Examples Of Unlawful Workplace Conduct Sexual orientation and gender identity discrimination can take many forms. Common examples include: - Refusing to hire or promote an employee because they are gay, lesbian, bisexual, or transgender. - Denying healthcare coverage for gender-affirming care. - Intentionally misgendering or refusing to use an employee’s preferred name or pronouns. - Enforcing dress codes that discriminate against transgender employees. - Retaliating against employees who complain about discriminatory treatment. Even subtle acts, such as excluding someone from meetings, making offensive jokes, or withholding assignments, can create a hostile work environment if they are severe or pervasive enough to affect employment conditions. ## Employer Responsibilities Employers in Illinois must maintain workplaces free from discrimination and harassment. They are required to take complaints seriously, investigate them promptly, and implement corrective measures when necessary. Training programs and clear anti-discrimination policies are essential to compliance. Employers who ignore these obligations can be held liable for the conduct of supervisors, managers, or coworkers who engage in harassment or retaliation. ## How We Help Employees Fight Back At North Suburban Legal Services, we represent employees who have been subjected to discrimination or harassment based on sexual orientation or gender identity. We evaluate the evidence, assist with filing charges before the EEOC or IDHR, negotiate settlements, and, when necessary, litigate aggressively in court. Our goal is to restore justice, protect our clients’ reputations, and ensure they receive the compensation they deserve for the harm suffered. ## FAQs About Sexual Orientation And Gender Identity Discrimination In Illinois ### What Federal Law Protects Employees From Sexual Orientation And Gender Identity Discrimination? Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating “because of sex.” The Supreme Court’s decision in Bostock v. Clayton County clarified that this includes discrimination based on sexual orientation or gender identity. This means employers cannot take adverse employment actions, such as termination or demotion, against someone because they are gay, lesbian, bisexual, or transgender. ### Does Illinois Have Its Own Protections Beyond Federal Law? Yes. The Illinois Human Rights Act (775 ILCS 5/1-101 et seq.) specifically names sexual orientation and gender identity as protected categories. This law applies to all employers with at least one employee, providing broader coverage than federal law. It also covers additional areas, such as housing and public accommodations, making Illinois one of the most inclusive states for LGBTQ+ employee rights. ### What Should I Do If I’m Experiencing Discrimination At Work? Document everything. Keep records of emails, text messages, and witness statements that support your claim. Report the conduct to your human resources department or supervisor according to your employer’s policies. If the situation does not improve, or if you experience retaliation, contact an employment discrimination attorney to discuss filing a complaint with the EEOC or the Illinois Department of Human Rights. ### Can My Employer Retaliate Against Me For Filing A Complaint? No. Both federal and Illinois law prohibit retaliation. This means your employer cannot legally fire, demote, reduce your hours, or otherwise punish you for asserting your rights. Retaliation claims often succeed even when the underlying discrimination claim is still being investigated, as courts take these protections very seriously. ### What Damages Can I Recover In A Discrimination Lawsuit? Victims may recover lost wages, lost benefits, compensatory damages for emotional distress, and attorney’s fees. In cases of willful or malicious discrimination, courts may also award punitive damages under federal law. State remedies under the Illinois Human Rights Act can include reinstatement, back pay, and damages for humiliation and mental suffering. ### Is Harassment Based On Gender Identity Considered Discrimination? Yes. Persistent or severe harassment because of gender identity or expression qualifies as unlawful discrimination. This includes repeated misgendering, offensive jokes, or denying access to restrooms that align with a person’s gender identity. Employers must take steps to prevent and correct such conduct or risk liability under both federal and state law. ## Call North Suburban Legal Services Today If you have been treated unfairly because of your sexual orientation or gender identity, you have powerful legal protections under federal and Illinois law. At North Suburban Legal Services, we stand up for employees whose rights have been violated by discriminatory or retaliatory employers. Contact our [Chicago employment law attorneys](https://nslslaw.com/practice-areas/employment.html) at North Suburban Legal by calling [312-909-6089](tel:13129096089) to [receive your free consultation](https://www.nslslaw.com/contact-us.html). We proudly represent clients throughout Chicago and the surrounding communities in all matters of workplace discrimination and retaliation. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Employment Law Attorneys --- ### [What Counts As Workplace Retaliation Under Illinois Law?](https://nslslaw.com/what-counts-as-workplace-retaliation-under-illinois-law/) **Published:** December 2, 2025 **Author:** admin **Content:** As plaintiff’s[ employment attorneys](https://nslslaw.com/) serving workers throughout Chicago, we know that retaliation is one of the most common and damaging forms of workplace misconduct. When an employee speaks up about discrimination, harassment, unsafe conditions, or illegal activity, the law protects them from punishment. Unfortunately, many employers attempt to silence or remove employees who assert their rights. Retaliation can take many forms, some obvious, others subtle, but all are unlawful under both Illinois and federal law. Understanding what qualifies as retaliation and what your rights are when it occurs is critical for protecting your job and reputation. ## How Illinois And Federal Law Define Retaliation Under both federal employment law and Illinois statutes, retaliation occurs when an employer takes adverse action against an employee for engaging in a legally protected activity. Protected activities include reporting discrimination or harassment, filing a wage complaint, testifying in an investigation, or asserting other employment rights. At the federal level, retaliation is prohibited by multiple statutes: - Title VII of the Civil Rights Act of 1964 ([42 U.S.C. § 2000e-3](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964)) bars retaliation for opposing discrimination based on race, color, religion, sex, or national origin. - The Americans with Disabilities Act ([42 U.S.C. § 12203](https://www.afb.org/blog/topic/ada?gad_source=1&gad_campaignid=22021023111&gbraid=0AAAAADnSdaqH3w46YxyGA9Sk8vWy3ABkN&gclid=CjwKCAiAt8bIBhBpEiwAzH1w6ULZ4IQDAKVGPzYE_GsBk064h56dauE7dsWRl2-iNRQijsSxDuwsARoCE78QAvD_BwE)) and Age Discrimination in Employment Act ([29 U.S.C. § 623(d)](https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967)) protect employees who complain about disability or age discrimination. - The Fair Labor Standards Act ([29 U.S.C. § 215(a)(3)](https://www.dol.gov/agencies/whd/flsa)) forbids employers from retaliating against workers who file complaints about unpaid wages or overtime violations. In Illinois, similar protections exist under the Illinois Human Rights Act (775 ILCS 5/6-101), which makes it unlawful for employers to retaliate against employees who oppose discriminatory practices or participate in related proceedings. Additionally, Illinois recognizes a common-law tort of retaliatory discharge, which allows employees to sue if they are fired for exercising a clearly mandated public policy, such as reporting illegal conduct or filing a workers’ compensation claim. ## What Counts As Retaliation In Practice Retaliation does not always mean termination. The law prohibits any materially adverse action that could discourage a reasonable person from exercising their rights. Common examples include: - Termination or demotion after filing a complaint - Unwarranted disciplinary actions or poor performance reviews - Pay cuts, denial of promotions, or reduction in hours - Exclusion from meetings, training opportunities, or key projects - Hostile treatment or workplace ostracism after protected activity In Burlington Northern & Santa Fe Railway Co. v. White, 548 U.S. 53 (2006), the U.S. Supreme Court clarified that an action is retaliatory if it “might well dissuade a reasonable worker from making or supporting a charge of discrimination.” This broad definition means that even subtle forms of punishment, such as reassignment to undesirable shifts or changes in workload, can qualify as retaliation. ## The Elements Of A Retaliation Claim To prove retaliation, employees must establish three elements: 1. Engagement In A Protected Activity – The employee complained, reported, or participated in a protected process, such as an internal investigation or EEOC charge. 2. Adverse Employment Action – The employer took negative action against the employee, such as termination, demotion, or another form of punishment. 3. Causal Connection – There must be evidence showing the employer acted because of the protected activity. Timing can be important. When adverse actions occur soon after an employee files a complaint, courts often view the sequence as supporting a causal link. However, employers may try to justify their actions with pretextual reasons, such as alleged performance issues. As attorneys, we gather documentation, witness statements, and communications to demonstrate the true motive behind the employer’s conduct. ## Remedies Available To Retaliation Victims Employees who prove retaliation can recover several types of remedies depending on the applicable statute and the extent of harm. Remedies may include: - Reinstatement to the previous position or equivalent role - Back pay and lost benefits covering wages lost due to retaliation - Compensatory damages for emotional distress and reputational harm - Punitive damages in cases involving intentional or malicious conduct - Attorney’s fees and costs Under the Illinois Whistleblower Act (740 ILCS 174/15), employers are prohibited from retaliating against employees who disclose information about illegal activity or refuse to engage in unlawful acts. This statute provides additional protection for employees who report misconduct in good faith. ## Taking Action After Retaliation If you believe you are being retaliated against, document every instance of mistreatment, save all written communications, and keep records of performance evaluations or schedule changes. Retaliation cases are often won by showing patterns and inconsistencies in the employer’s behavior. Filing a complaint with the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC) is usually the first step before proceeding to court. Our role as plaintiff’s attorneys is to ensure employees are protected from corporate misconduct and held harmless for asserting their lawful rights. Whether your case involves termination, demotion, or subtle forms of workplace punishment, we are committed to obtaining justice and accountability. ## FAQs About Workplace Retaliation Under Illinois Law ### What Is Considered Protected Activity Under Illinois Law? Protected activity includes any action an employee takes to assert legal rights, such as reporting discrimination, sexual harassment, wage violations, unsafe working conditions, or illegal business practices. It also covers participation in investigations or lawsuits related to those issues. Under the Illinois Human Rights Act (775 ILCS 5/6-101) and federal statutes like Title VII, employees cannot be punished for exercising these rights. ### Can I Sue My Employer If I Was Fired For Filing A Workers’ Compensation Claim? Yes. Illinois recognizes the common-law tort of retaliatory discharge for employees fired in violation of public policy, such as filing a legitimate workers’ compensation claim. The Illinois Supreme Court has upheld this right in multiple decisions, allowing employees to recover lost wages, damages, and reinstatement. ### Does Retaliation Require That I Be Fired? No. Any adverse employment action that would deter a reasonable person from exercising their rights can qualify as retaliation. This includes demotions, schedule changes, loss of benefits, or hostile treatment. Courts examine whether the employer’s conduct materially affected the employee’s work conditions or career prospects. ### What Should I Do If I Suspect Retaliation At Work? Start by documenting each incident, including dates, witnesses, and any written or verbal statements. Maintain copies of emails, performance reviews, and disciplinary records. Report the behavior through internal channels if safe to do so, and contact an employment attorney promptly to review your legal options. Timing is important, as EEOC and IDHR complaints have strict filing deadlines. ### How Do I Prove My Employer’s Actions Were Retaliatory? Proof often depends on circumstantial evidence. Courts look at timing, inconsistencies in the employer’s explanation, and any patterns of unfair treatment following your complaint. Statements from supervisors, HR records, and emails can all support your case. A skilled attorney can evaluate the evidence and determine the best legal strategy. ### What Compensation Can I Recover If My Claim Is Successful? Remedies can include reinstatement to your former position, back pay, front pay, compensatory damages for emotional distress, and, in some cases, punitive damages if the employer acted maliciously. You may also be entitled to attorney’s fees under federal and Illinois law. ## Call North Suburban Legal Services Today If you believe your employer has retaliated against you for standing up for your rights, our attorneys at North Suburban Legal Services are ready to help. We represent employees throughout Chicago, Illinois, who have been fired, demoted, or mistreated after reporting discrimination, harassment, or other unlawful conduct. Call us today at [312-909-6089](tel:13129096089) to schedule a [receive a free consultation](https://nslslaw.com/contact-us.html) with an experienced [Chicago wrongful termination attorneys](https://nslslaw.com/practice-areas/employment.html) who will fight to protect your rights and hold your employer accountable. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Retaliatory Discharge Attorney --- ### [How Illinois Law Protects Pregnant Workers From Job Loss](https://nslslaw.com/how-illinois-law-protects-pregnant-workers-from-job-loss/) **Published:** November 18, 2025 **Author:** admin **Content:** As plaintiff’s [retaliatory discharge attorneys in Chicago](https://nslslaw.com/chicago-retaliatory-discharge-attorneys.html), we have represented countless women who faced unfair treatment after [announcing a pregnancy or requesting maternity leave](https://www.eeoc.gov/youth/pregnancy-discrimination-faqs). Despite progress in workplace equality, pregnancy discrimination continues to occur across Illinois in both large corporations and small businesses. Employers sometimes reduce hours, reassign duties, deny promotions, or terminate the employment of pregnant employees under the guise of “performance issues” or “restructuring.” However, federal and Illinois laws provide strong protections that make these actions unlawful. In Illinois, both federal and state statutes safeguard pregnant employees against discrimination, retaliation, and wrongful termination. Understanding these protections is crucial for any worker who is pregnant, has recently given birth, or needs reasonable accommodations. Our firm aggressively defends workers’ rights under these laws and holds employers accountable when they cross the line. ## Federal Protections For Pregnant Workers At the federal level, the [Pregnancy Discrimination Act of 1978](https://www.eeoc.gov/statutes/pregnancy-discrimination-act-1978) (PDA), which amended Title VII of the Civil Rights Act of 1964 ([42 U.S.C. §2000e(k)](https://www.law.cornell.edu/uscode/text/42/2000e)), prohibits employers from treating pregnancy, childbirth, or related medical conditions less favorably than other temporary disabilities. This means a pregnant employee must be allowed to work as long as she can perform her job and must receive the same accommodations as other employees with similar work restrictions. Additionally, under the Family and Medical Leave Act (FMLA) ([29 U.S.C. §2601](https://www.dol.gov/agencies/whd/fmla)), eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave per year for the birth of a child, prenatal care, or serious health conditions. Employers covered by the FMLA must restore employees to the same or an equivalent position upon their return from leave. Firing or disciplining an employee for exercising FMLA rights constitutes retaliation under [29 C.F.R. §825.220(c)](https://www.law.cornell.edu/cfr/text/29/825.220). Federal law also provides broader protection through the [Pregnant Workers Fairness Act](https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act) (PWFA), which took effect on June 27, 2023. The PWFA requires covered employers to provide “reasonable accommodations” to workers affected by pregnancy or childbirth, such as modified duties or flexible schedules, unless doing so causes undue hardship. ## Illinois State Protections For Pregnant Employees Illinois provides additional safeguards through the Illinois Human Rights Act ([775 ILCS 5/2-102(I)](https://www.ilga.gov/Documents/legislation/ilcs/documents/077500050K2-102.htm)), which specifically prohibits employment discrimination based on pregnancy. This law applies to all employers with one or more employees and mandates reasonable accommodations for pregnancy-related conditions. Examples of accommodations include more frequent bathroom breaks, assistance with manual labor, or temporary job restructuring. The Illinois Employee Sick Leave Act (820 ILCS 191/1 et seq.) also permits employees to use their accrued sick time to care for themselves or a child following childbirth or complications related to pregnancy. When an employer terminates, demotes, or otherwise retaliates against an employee for requesting leave or accommodations, such action may constitute retaliatory discharge, which violates Illinois public policy. Courts in Illinois have consistently held that retaliating against an employee for exercising legally protected rights, such as requesting pregnancy accommodations or filing a discrimination complaint, can give rise to a valid wrongful termination claim. ## Common Forms Of Pregnancy Discrimination Pregnancy discrimination is not always blatant. Employers often disguise unlawful actions behind pretextual reasons. Some of the most common forms of discrimination include: - Termination shortly after announcing pregnancy - Denial of promotions or raises once pregnancy is disclosed - Unwarranted disciplinary actions or negative performance reviews - Refusal to provide reasonable accommodations - Reduction in hours or reassignment to less desirable shifts - Failure to reinstate the employee after maternity leave These actions violate both state and federal law when motivated by pregnancy or childbirth. Employers cannot legally penalize an employee for asserting her rights or filing a complaint with the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC). ## Proving Retaliatory Discharge In Illinois To establish a retaliatory discharge claim, an employee must show that: 1. She was engaged in a legally protected activity (such as requesting leave or accommodations). 2. The employer took an adverse employment action (termination, demotion, etc.). 3. There is a causal connection between the protected activity and the adverse action. Evidence may include timing of termination, inconsistent explanations from management, or documentation showing hostility toward the employee’s pregnancy or leave request. Under [775 ILCS 5/8A-104](https://www.ilga.gov/Documents/legislation/ilcs/documents/077500050K8A-104.htm), victims of discrimination may recover damages, including reinstatement, back pay, compensatory damages for emotional distress, and attorney’s fees. ## Protecting Rights Through Legal Action Employees who believe they were fired or discriminated against due to pregnancy have several legal avenues. Claims can be filed with the IDHR within 300 days of the incident or with the EEOC within 180 days (extended to 300 if also covered by state law). After an investigation, the agency may issue a right-to-sue letter, allowing the employee to file a lawsuit in state or federal court. As plaintiff’s attorneys, we often represent clients at every stage—from filing agency complaints to litigating cases before judges and juries. Our mission is to ensure that no pregnant employee loses their job or career opportunity due to discrimination or retaliation. ## Frequently Asked Questions About Pregnancy Discrimination And Retaliatory Discharge In Illinois ### What Laws Protect Pregnant Employees From Being Fired In Illinois? Federal law under the Pregnancy Discrimination Act (42 U.S.C. §2000e(k)) and state law under the Illinois Human Rights Act (775 ILCS 5/2-102(I)) protect employees from termination, demotion, or unequal treatment due to pregnancy or childbirth. ### Can An Employer Refuse To Provide Accommodations During Pregnancy? No. Both the PWFA and Illinois law require employers to provide reasonable accommodations, unless doing so would create an undue hardship. If an employer refuses, the employee may have a valid discrimination claim. ### Is It Legal To Terminate A Worker Who Takes Maternity Leave? No. Under 29 U.S.C. §2615(a)(2) of the FMLA, it is illegal for employers to fire or retaliate against workers for taking protected maternity leave. The employee must be reinstated to the same or an equivalent position upon return. ### What Evidence Helps Prove Pregnancy Discrimination? Strong evidence includes emails, text messages, or verbal statements showing bias against pregnancy, inconsistent reasons for termination, or a pattern of treating pregnant employees unfairly compared to others. ### How Long Does Someone Have To File A Complaint? In Illinois, a discrimination charge must be filed with the IDHR within 300 days of the discriminatory act. Federal complaints with the EEOC must typically be filed within 180 days but may be extended to 300 if overlapping with state law. ### What Damages Can Be Recovered In A Pregnancy Discrimination Case? Victims may recover lost wages, reinstatement, emotional distress damages, and attorney’s fees under 775 ILCS 5/8A-104(A). Punitive damages may also be available under federal law for willful violations. ### Does The Law Apply To Small Businesses? Yes. The Illinois Human Rights Act applies to employers with one or more employees, ensuring that even small companies are held accountable for discriminatory conduct. ### Can An Employee Be Retaliated Against For Reporting Discrimination? No. Retaliation is illegal under both 42 U.S.C. §2000e-3(a) and 775 ILCS 5/6-101. Employers cannot punish an employee for filing a complaint, requesting accommodations, or cooperating with an investigation. ## Call North Suburban Legal Services Today At North Suburban Legal Services, we are committed to protecting pregnant workers from wrongful termination and workplace retaliation. Our team advocates for fair treatment and ensures that employers are held accountable for violating state and federal laws. Anyone who believes that a job was lost or a position compromised due to pregnancy or maternity leave should contact us immediately. Contact our [Chicago employment law attorneys](https://nslslaw.com/practice-areas/employment.html) at North Suburban Legal by calling [312-909-6089](tel:13129096089) to [receive your free consultation](https://www.nslslaw.com/contact-us.html). North Suburban Legal Services proudly represents employees in Chicago and throughout Illinois, ensuring every worker’s right to fairness and equality in the workplace is protected. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Retaliatory Discharge Attorney --- ### [Common Employer Mistakes That Lead To ADA Violations In Illinois](https://nslslaw.com/common-employer-mistakes-that-lead-to-ada-violations-in-illinois/) **Published:** November 4, 2025 **Author:** admin **Content:** As plaintiff’s employment attorneys, we have seen how employers across Illinois unintentionally, and sometimes willfully, violate the [Americans with Disabilities Act](https://www.ada.gov/) (ADA). These violations often stem from misunderstanding the law, poor communication, or a lack of proper workplace training. The ADA, enforced under [42 U.S.C. § 12101](https://www.law.cornell.edu/uscode/text/42/12101), and its Illinois counterpart, the Illinois Human Rights Act ([775 ILCS 5/1-101](https://law.justia.com/codes/illinois/chapter-775/act-775-ilcs-5/)), are designed to protect workers from discrimination based on physical or mental disabilities. Yet, employers continue to make preventable mistakes that can lead to lawsuits, reputational harm, and significant financial penalties. Illinois employers are required to provide reasonable accommodations to qualified employees with disabilities unless doing so would cause undue hardship. Despite this clear standard, many employers mishandle requests, fail to document decisions properly, or retaliate against employees who assert their rights. Below are some of the most common employer errors that lead to ADA violations. ## Failing To Engage In The Interactive Process One of the most common and damaging mistakes employers make is failing to engage in a proper “interactive process.” Under [29 C.F.R. § 1630.2(o)(3)](https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XIV/part-1630), when an employee requests a reasonable accommodation, the employer must communicate in good faith to determine what adjustments can be made to enable the employee to perform essential job functions. Too often, employers either ignore accommodation requests, rely on assumptions about an employee’s disability, or simply deny requests without discussion. When employers skip this legally required dialogue, they risk violating the ADA. Courts consistently view this failure as evidence of discrimination. In Illinois, where many workplaces are small and informal, this mistake occurs frequently when managers are not trained in HR compliance or fail to properly escalate accommodation requests. ## Improper Medical Inquiries And Privacy Violations The ADA strictly limits when and how an employer can request medical information from an employee. Under [42 U.S.C. § 12112(d)(4)](https://www.law.cornell.edu/uscode/text/42/12112), employers may not make unnecessary or intrusive medical inquiries unless they are job-related and consistent with business necessity. However, we often see employers asking for detailed diagnoses or demanding full medical records when only limited information is needed to assess accommodations. Additionally, any medical information obtained must be kept confidential and stored separately from personnel files. Employers who share this information with co-workers or use it in performance evaluations risk significant liability. ## Retaliating Against Employees For Exercising ADA Rights Another major error is retaliation. Under both federal law and the Illinois Human Rights Act, it is illegal for an employer to retaliate against an employee for asserting ADA rights, filing a complaint, or participating in an investigation. Retaliation can include termination, demotion, pay reduction, or subtle acts like schedule changes or exclusion from meetings. We regularly handle cases where employees are fired shortly after requesting accommodations or returning from medical leave. In such cases, timing often serves as strong circumstantial evidence of retaliation. Even if the employer claims performance issues were the reason for termination, inconsistent documentation can expose the true motive. ## Misclassifying Employees Or Ignoring Temporary Disabilities Some employers believe that ADA protections only apply to employees with permanent or severe disabilities. This is incorrect. The ADA Amendments Act of 2008 expanded coverage to include temporary impairments that substantially limit major life activities. For example, an employee recovering from surgery or a serious injury may qualify for protection, even if the condition is not permanent. Employers who deny accommodations because they view a disability as “temporary” or “minor” can face legal exposure. Illinois courts have consistently ruled that short-term disabilities can still trigger ADA protections when they interfere with essential job functions. ## Overlooking Reasonable Accommodations Employers are not expected to eliminate essential job duties, but they must consider reasonable alternatives to allow qualified individuals to work effectively. Common examples include modified schedules, remote work, assistive equipment, or temporary job restructuring. Many ADA violations occur when employers deny accommodations outright without considering available options. Courts expect employers to document their analysis and show that they explored alternatives before rejecting a request. Without such documentation, employers appear negligent or discriminatory. ## Failing To Train Supervisors On ADA Compliance Finally, a large percentage of ADA violations result from inadequate training. Supervisors and managers often act as the first point of contact for accommodation requests. When they lack understanding of ADA obligations, they may dismiss or mishandle those requests, inadvertently creating liability for the company. Illinois employers must ensure that anyone responsible for personnel decisions is properly trained on both federal and state disability laws. Preventative education and clear HR policies are far less costly than litigation. ## Frequently Asked Questions About ADA Violations In Illinois ### What Is Considered A Disability Under The ADA? A disability is defined as a physical or mental impairment that substantially limits one or more major life activities, such as walking, seeing, hearing, speaking, breathing, or working. The law also protects individuals who have a history of such impairment or are perceived as having one, even if they do not currently experience limitations. ### Does The ADA Apply To Small Businesses In Illinois? Yes. Any employer with 15 or more employees is covered by the ADA. However, under the Illinois Human Rights Act, the threshold is lower—just one employee. This means that almost every employer in Illinois is required to comply with state disability protections. ### Can An Employer Ask For Proof Of Disability Before Granting An Accommodation? Yes, but only to the extent necessary to verify the condition and its impact on job performance. The request must be limited and relevant. Employers are not entitled to full medical records or unrelated health information. ### What Should An Employee Do If Retaliated Against For Requesting An Accommodation? An employee can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR). Both agencies investigate disability discrimination and retaliation claims. Legal representation can help ensure deadlines are met and evidence is preserved. ### Are Mental Health Conditions Covered Under The ADA? Yes. Conditions such as depression, anxiety, and post-traumatic stress disorder are protected if they substantially limit a major life activity. Employers must evaluate each request for accommodation on an individual basis and cannot rely on stereotypes or stigma when making employment decisions. ### Can Employers Deny Accommodations Due To Cost? Only if the employer can demonstrate that the accommodation would create an *undue hardship*—meaning significant difficulty or expense relative to the size and resources of the business. This defense is narrowly interpreted, and most accommodations are inexpensive or easily implemented. ### How Long Do Employees Have To File An ADA Claim? In Illinois, employees generally have 300 days from the date of the discriminatory act to file an EEOC charge. Timely action is essential because missing the filing deadline can bar recovery. ## Call North Suburban Legal Services Today ADA violations often arise from inadequate training, rushed decisions, or retaliation against employees who simply request fair treatment. At North Suburban Legal Services, we hold employers accountable when they fail to follow the law or punish workers for asserting their rights. Our attorneys understand both the ADA and the Illinois Human Rights Act, and we fight tirelessly to secure justice and compensation for victims of workplace discrimination and retaliation. Contact our [Chicago employment lawyers](https://nslslaw.com/practice-areas/employment.html) at North Suburban Legal by calling [312-909-6089](tel:13129096089) to [receive your free consultation](https://www.nslslaw.com/contact-us.html). North Suburban Legal Services represents clients across Chicago and throughout Illinois, helping workers protect their rights, livelihoods, and dignity under state and federal laws. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** ADA Attorney --- ### [What Qualifies as Wrongful Termination in Illinois?  ](https://nslslaw.com/what-qualifies-as-wrongful-termination-in-illinois/) **Published:** October 14, 2025 **Author:** admin **Content:** As [attorneys representing employees in Chicago](https://nslslaw.com/), we know how upsetting it is to lose your job unexpectedly. Many of our clients come to us wondering whether their termination was lawful or whether it violated their rights. Illinois is an “at-will” employment state, which means that employers can generally terminate employees for almost any reason—or for no reason at all. However, there are clear exceptions under both federal and Illinois law where termination is considered wrongful. These exceptions exist to protect workers from illegal treatment, retaliation, and discrimination. Understanding what qualifies as wrongful termination can help you determine whether legal action is available to protect your rights and recover damages. ## Wrongful Termination Under Federal Law Federal employment laws protect workers from termination that violates civil rights or retaliation statutes. - Title VII of the [Civil Rights Act of 1964](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964) (42 U.S.C. § 2000e-2) prohibits termination based on race, color, religion, sex, or national origin. - The [Americans with Disabilities Act](https://www.ada.gov/) (42 U.S.C. § 12112) makes it unlawful to fire an employee because of a disability if reasonable accommodations could have been made. - The [Age Discrimination in Employment Act](https://www.eeoc.gov/age-discrimination) (29 U.S.C. § 623) protects employees age 40 and older from being terminated because of age. - The [Family and Medical Leave Act](https://www.dol.gov/agencies/whd/fmla) (29 U.S.C. § 2615) prohibits employers from firing employees for taking qualifying medical or family leave. Federal whistleblower protections also prohibit termination when employees report illegal activity to government agencies. ## Wrongful Termination Under Illinois Law Illinois law also provides important safeguards. - The [Illinois Human Rights Act](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2266&ChapterID=64) (775 ILCS 5/1-102) prohibits termination based on race, sex, age, religion, disability, marital status, sexual orientation, or military status. - [Illinois Whistleblower Act](https://ilga.gov/Legislation/ILCS/Articles?ActID=2495&ChapterID=57) (740 ILCS 174/15) makes it unlawful for an employer to retaliate against an employee who discloses or refuses to participate in illegal activity. - Workers’ Compensation Retaliation ([820 ILCS 305/4(h)](https://www.ilga.gov/Documents/legislation/ilcs/documents/082003050K4.htm)) prohibits firing an employee because they filed a workers’ compensation claim. Another form of wrongful termination in Illinois is retaliatory discharge, recognized by Illinois courts. This occurs when an employee is fired for reasons that violate public policy, such as reporting safety violations, filing for workers’ compensation, or refusing to engage in unlawful conduct at the employer’s request. ## At-Will Employment Versus Wrongful Termination Employers often argue that Illinois’s at-will doctrine allows them to fire employees freely. While it is true that many terminations are legal under this rule, it does not protect employers who fire workers for discriminatory or retaliatory reasons. If your termination falls under one of the exceptions recognized by federal or Illinois law, you may have grounds for a wrongful termination lawsuit. ## Remedies For Wrongful Termination Employees who have been wrongfully terminated may be entitled to compensation, which can include: - Lost wages and benefits - Reinstatement to the former position - Emotional distress damages - Punitive damages in certain cases - Attorneys’ fees and court costs The remedies available depend on the specific laws that were violated and the facts of the case. ## Why Legal Representation Matters Wrongful termination cases can be complex because they require proving the employer’s true motivation for firing the employee. Employers often attempt to cover up discriminatory or retaliatory motives with claims of poor performance or restructuring. As attorneys, we know how to uncover the evidence needed to prove wrongful termination, such as performance reviews, internal communications, and witness testimony. Taking action quickly is also important because both federal and Illinois laws impose strict deadlines for filing claims. ## Frequently Asked Questions About Wrongful Termination In Illinois ### What Is The Difference Between At-Will Employment And Wrongful Termination? At-will employment allows employers to fire workers for almost any reason. Wrongful termination occurs when the firing violates a federal or state law, such as discrimination, retaliation, or violations of public policy. ### Can I Be Fired For Reporting Illegal Activity At Work? No. Under the Illinois Whistleblower Act and federal whistleblower protections, you cannot be fired for reporting unlawful conduct. If you are terminated for reporting or refusing to participate in illegal activity, you may have a strong wrongful termination claim. ### What Should I Do If I Am Fired After Filing A Workers’ Compensation Claim? If you are terminated after filing for workers’ compensation benefits, this may qualify as retaliatory discharge under Illinois law (820 ILCS 305/4(h)). Courts have consistently protected employees from being punished for exercising their right to benefits. ### How Do I Prove Wrongful Termination? Evidence may include emails, text messages, witness testimony, or inconsistencies in the employer’s stated reasons for termination. We work with clients to collect the necessary documentation and build a strong case. ### Are There Deadlines For Filing A Wrongful Termination Claim? Yes. Federal laws such as Title VII generally require filing a charge with the Equal Employment Opportunity Commission (EEOC) within 300 days. Under Illinois law, certain claims must be filed with the Illinois Department of Human Rights within 300 days as well. Acting quickly is essential. ### What Compensation Can I Recover If I Win My Case? You may recover lost wages, reinstatement, compensation for emotional distress, and, in some cases, punitive damages. The exact remedies depend on which laws apply to your case. ### Can Wrongful Termination Cases Be Settled Out Of Court? Yes. Many cases are resolved through negotiation or mediation before going to trial. A settlement can provide financial compensation without the time and stress of a court case, but we prepare each case as if it will go to trial to protect our clients’ rights. ### Does Illinois Protect Employees From Discrimination Based On Sexual Orientation Or Gender Identity? Yes. The Illinois Human Rights Act (775 ILCS 5) specifically prohibits employment discrimination and termination based on sexual orientation, gender identity, or gender expression. ## Call North Suburban Legal Services Today At North Suburban Legal Services, we stand with employees who have been wrongfully terminated in Chicago and across Illinois. We know how devastating it is to lose your job under unfair circumstances, and we are committed to holding employers accountable when they violate the law. Contact our [Chicago employment lawyers](https://nslslaw.com/practice-areas/employment.html) at North Suburban Legal by calling [312-909-6089](tel:13129096089) to [receive your free consultation](https://www.nslslaw.com/contact-us.html). We represent clients in Chicago and throughout the city of Chicago, Illinois. If you believe you were wrongfully terminated, we are here to protect your rights and fight for the compensation you deserve. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Wrongful Termination Attorney --- ### [When Layoffs Target Older Workers: What Illinois Employees Should Know](https://nslslaw.com/when-layoffs-target-older-workers-what-illinois-employees-should-know/) **Published:** September 30, 2025 **Author:** admin **Content:** As attorneys representing Illinois employees, we know that layoffs can feel devastating. The stress is even greater when older workers believe they were unfairly singled out. Age discrimination during layoffs is a serious legal issue that affects not only careers but also retirement security and personal dignity. While businesses may claim financial reasons for workforce reductions, federal and Illinois laws prohibit targeting employees based on age. We want Illinois workers to understand their rights, the legal protections available, and the steps to take if they suspect age discrimination in a layoff. ## Federal Protections Against Age Discrimination The primary federal law protecting older workers is the Age Discrimination in Employment Act (ADEA), [29 U.S.C. § 621 et seq.](https://www.law.cornell.edu/uscode/text/29/chapter-14). This statute protects employees aged 40 and older from discrimination in hiring, firing, layoffs, compensation, and other terms of employment. When a company carries out a reduction in force, it cannot make decisions based on age, even indirectly. The [Older Workers Benefit Protection Act](https://www.congress.gov/101/statute/STATUTE-104/STATUTE-104-Pg978.pdf) (OWBPA), adds further protections during layoffs. This law requires that when employers ask employees over 40 to sign waivers in exchange for severance, they must meet strict disclosure and timing requirements. For example, employees must be given 21 days to consider an agreement and at least 7 days to revoke it. If an employer fails to follow these rules, the waiver may be invalid, leaving the employee free to bring an age discrimination claim. ## Illinois State Protections For Older Workers Illinois law also protects employees from age-based layoffs. The Illinois Human Rights Act ([775 ILCS 5/1-101 et seq.](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2266&ChapterID=64)) prohibits discrimination against workers 40 and older in hiring, termination, promotion, and layoffs. Employees who believe they were targeted for termination because of age may file a charge with the Illinois Department of Human Rights (IDHR) or bring a lawsuit in state court. Illinois courts recognize retaliatory discharge claims when an employer terminates a worker for exercising protected rights. If a worker raises concerns about age discrimination and is then laid off, this could form the basis of a retaliatory discharge lawsuit. ## Signs Of Age Discrimination In Layoffs We advise clients to look for patterns and behaviors that suggest older employees were unfairly targeted. Warning signs include: - A disproportionate number of older employees included in the layoff. - Younger workers with less experience being retained while older, more qualified workers are let go. - Comments by supervisors about retirement, “new energy,” or preferring younger employees. - Sudden negative performance reviews that appear inconsistent with an employee’s record. While a single factor may not prove discrimination, a pattern of behavior may indicate unlawful conduct. ## Remedies Available To Employees Workers who successfully prove age discrimination or retaliatory discharge may be entitled to reinstatement, back pay, front pay, and compensation for lost benefits. Under the ADEA, courts can also award liquidated damages when employers willfully violate the law. In Illinois, remedies under the Human Rights Act include damages for emotional distress and attorney’s fees. Because these cases often involve complex evidence, including statistical data about workforce demographics, legal representation is essential. Employers will usually defend their decisions with financial explanations, and it takes careful analysis to determine if age discrimination was a motivating factor. ## Frequently Asked Questions About Age Discrimination In Layoffs ### How Do I Know If I Was Laid Off Because Of My Age? Look for signs such as older employees being laid off in greater numbers than younger workers, sudden changes in how your performance was evaluated, or comments about retirement or age. Reviewing the employer’s layoff criteria and comparing it with who was affected can also reveal potential discrimination. ### Can My Employer Require Me To Sign A Waiver After A Layoff? Yes, but if you are over 40, the waiver must comply with the Older Workers Benefit Protection Act (29 U.S.C. § 626(f)). That means you must be given clear information about the group of employees considered, 21 days to review the agreement, and 7 days to revoke it after signing. If these requirements are not met, the waiver may not prevent you from filing an age discrimination claim. ### What Remedies Are Available If I Prove Age Discrimination? Under the ADEA, you may be entitled to back pay, reinstatement, and in some cases, double damages if the violation was willful. Illinois law also allows damages for emotional distress and attorney’s fees under the Illinois Human Rights Act (775 ILCS 5/1-101 et seq.). Remedies vary depending on the facts of the case, but both federal and state laws provide strong protections. ### Do I Have To File A Complaint With A Government Agency First? Yes. Under federal law, you must first file a charge with the Equal Employment Opportunity Commission (EEOC) before bringing a lawsuit. In Illinois, you may also file with the Illinois Department of Human Rights (IDHR). These agencies investigate the claim and may attempt mediation, but filing is a required first step to preserve your legal rights. ### What Is Retaliatory Discharge And How Does It Apply To Layoffs? Retaliatory discharge occurs when an employer fires or lays off an employee for exercising a protected right, such as reporting discrimination. If you complain about age discrimination and are then laid off shortly afterward, this may form the basis for a retaliatory discharge claim under Illinois law. ### How Long Do I Have To File A Claim? Generally, under federal law, you have 180 days to file an EEOC charge, extended to 300 days in states like Illinois that have their own human rights agencies. Under the Illinois Human Rights Act, employees typically have 300 days to file with the IDHR. Because deadlines are strict, it is important to act quickly if you suspect discrimination. ### Can My Employer Justify A Layoff For Financial Reasons Even If It Mostly Affects Older Workers? Yes, employers can reduce staff for legitimate financial reasons. However, if the criteria used for layoffs disproportionately affect older workers or appear designed to push out employees based on age, this may still violate the law. Courts look at whether age was a motivating factor rather than just the stated reason. ## Call North Suburban Legal Services Today At North Suburban Legal Services, we are dedicated to protecting Illinois employees from unfair layoffs and age discrimination. We know how damaging it can be when older workers are singled out and we are committed to fighting for your rights under federal and Illinois law. Contact our [Chicago employment lawyers](https://nslslaw.com/practice-areas/employment.html) at North Suburban Legal by calling [312-909-6089](tel:13129096089) to [receive your free consultation](https://www.nslslaw.com/contact-us.html). We represent clients in Chicago and throughout the city of Chicago, Illinois. If you believe your layoff targeted you because of age, take the first step to protect your future by contacting our office today. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Age Discrimination Attorney --- ### [Sex Discrimination in Promotion Decisions: What Illinois Employees Should Know](https://nslslaw.com/sex-discrimination-in-promotion-decisions-what-illinois-employees-should-know/) **Published:** September 16, 2025 **Author:** admin **Content:** As employment attorneys in Chicago, we frequently speak with workers who believe they have been unfairly passed over for a promotion because of their gender. Sex discrimination in promotion decisions remains a serious issue, despite strong federal and state laws that prohibit it. These laws are designed to ensure that promotions are awarded based on merit, qualifications, and performance, not on outdated stereotypes, personal bias, or discriminatory intent. When promotion decisions are influenced by gender instead of ability, the harm extends beyond the individual employee; it undermines workplace fairness and equality as a whole. We have seen how damaging these situations can be to a person’s career, self-esteem, and future earning potential. Proving sex discrimination requires an understanding of both the legal standards and the evidence needed to support your claim. It is important to know your rights under federal law, Illinois law, and what steps you can take if you believe you were denied a promotion because of your gender. ## Federal Laws Protecting Against Sex Discrimination In Promotions The primary federal law addressing this issue is Title VII of the Civil Rights Act of 1964 ([42 U.S.C. § 2000e-2](https://www.law.cornell.edu/uscode/text/42/2000e-2)). This statute makes it illegal for employers to fail or refuse to promote an employee because of sex. Under Title VII, “sex” includes not only biological differences but also pregnancy, sexual orientation, and gender identity. The [Equal Employment Opportunity Commission](https://www.eeoc.gov/) (EEOC) enforces Title VII and investigates claims of promotion-related discrimination. To bring a claim under federal law, you generally must first file a charge with the EEOC within 300 days of the discriminatory act in Illinois, because Illinois has its own state agency that enforces anti-discrimination laws. ### Illinois Laws Protecting Employees In Promotion Decisions At the state level, the Illinois Human Rights Act ([775 ILCS 5/1-101 et seq.](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2266&ChapterID=64)) prohibits employment discrimination on the basis of sex, gender identity, and sexual orientation. This law mirrors many of the protections in Title VII, but also extends to smaller employers that may not be covered by federal law. The Illinois Department of Human Rights (IDHR) enforces the Act and accepts complaints within 300 days of the alleged discrimination. Under Illinois law, it is illegal for an employer to consider gender when making decisions about promotions, pay increases, or job assignments. Even subtle or “unwritten” rules that disadvantage one gender over another can violate the law. ### How Sex Discrimination In Promotions Is Proven Proving sex discrimination often requires showing that you were qualified for the promotion, applied for it (or were clearly interested), and were rejected under circumstances suggesting bias. Evidence may include: - Performance reviews showing strong qualifications. - Comparisons to promoted employees with similar or lesser qualifications. - Comments or patterns indicating a preference for one gender. - Sudden changes in promotion criteria after you applied. Courts use both direct evidence (explicit statements or policies) and circumstantial evidence (statistical disparities, inconsistent explanations) to evaluate discrimination claims. ### Retaliation Protections For Employees Who Complain If you complain internally or file a discrimination charge, both Title VII and the Illinois Human Rights Act protect you from retaliation. That means your employer cannot legally demote, terminate, or otherwise punish you for asserting your rights. Retaliatory discharge claims can arise when an employee is terminated after complaining about being denied a promotion due to sex discrimination. ### Remedies Available To Victims Of Sex Discrimination Employees who prove sex discrimination in a promotion decision may be entitled to: - **Back pay** for lost wages and benefits. - **Front pay** if reinstatement is not feasible. - **Compensatory damages** for emotional distress. - **Punitive damages** in cases of malicious or reckless conduct (under federal law). - Attorneys’ fees and costs. Illinois law also allows for reinstatement and other equitable relief to make the employee whole. ## Frequently Asked Questions About Sex Discrimination In Promotions ### What Counts As Sex Discrimination In Promotion Decisions? Sex discrimination occurs when an employer makes a promotion decision based on an employee’s gender rather than qualifications. This includes situations where equally or less qualified employees of another gender are promoted, as well as when job criteria are applied inconsistently. ### Do I Need Direct Proof To Win My Case? No. While direct statements can strengthen your claim, most cases rely on circumstantial evidence such as patterns of decision-making, statistical disparities, and inconsistent explanations from the employer. ### Can I File Under Both Federal And Illinois Law? Yes. Many employees file charges with both the EEOC and the Illinois Department of Human Rights at the same time through a dual-filing process. This preserves your rights under both legal systems. ### How Long Do I Have To File A Claim? In Illinois, you have 300 days from the date of the discriminatory act to file with either the EEOC or the IDHR. Missing this deadline can result in losing your right to pursue the claim. ### What If My Employer Retaliates After I Complain? Both federal and Illinois law make it illegal for an employer to retaliate against you for filing a complaint or participating in an investigation. Retaliation can include termination, demotion, pay cuts, or negative performance reviews given in bad faith. ### What If I Never Applied For The Promotion? In some cases, you may still have a claim if you can prove the employer discouraged you from applying or made it clear you would not be considered because of your gender. ### Are Small Businesses Covered Under The Law? Title VII applies to employers with 15 or more employees, but the Illinois Human Rights Act covers employers with just one or more employees, providing broader protection at the state level. ### What Damages Can I Recover? Possible remedies include back pay, front pay, compensatory damages, punitive damages (under federal law), reinstatement, and attorneys’ fees. The exact recovery depends on the facts of your case. ## Call North Suburban Legal Services Today If you believe you were denied a promotion because of your gender, our legal team at North Suburban Legal Services is ready to protect your rights. We have extensive experience handling sex discrimination and retaliatory discharge cases in Chicago and throughout Illinois. Contact our [Chicago employment law attorneys](https://nslslaw.com/practice-areas/employment.html) at North Suburban Legal by calling [312-909-6089](tel:13129096089) to [receive your free consultation](https://www.nslslaw.com/contact-us.html). We represent employees throughout Chicago, Illinois, and we fight to ensure your career opportunities are based on your qualifications, not unlawful bias. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Sex Discrimination Lawyer --- ### [What Counts As A ‘Reasonable Accommodation’ Under The ADA In Illinois Workplaces?](https://nslslaw.com/what-counts-as-a-reasonable-accommodation-under-the-ada-in-illinois-workplaces/) **Published:** September 2, 2025 **Author:** admin **Content:** As plaintiff’s employment attorneys serving Chicago, we know that questions about what qualifies as a “[reasonable accommodation](https://www.dol.gov/agencies/odep/program-areas/employers/accommodations)” under the Americans with Disabilities Act (ADA) and Illinois employment laws often determine the outcome of workplace disputes. Many employees are unsure of their rights or believe that asking for accommodations will jeopardize their job. Federal and state laws provide strong protections, but understanding the scope of those rights is critical to ensuring they are enforced. Under the federal ADA ([42 U.S.C. § 12101 et seq.](https://www.law.cornell.edu/uscode/text/42/12101)) and the Illinois Human Rights Act ([775 ILCS 5/1-101 et seq.](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2266&ChapterID=64)), employers with a certain number of employees are required to provide reasonable accommodations to qualified employees with disabilities, unless doing so would cause an undue hardship. These accommodations are intended to allow the employee to perform the essential functions of their job without removing those essential duties altogether. The definition of “reasonable” is fact-specific, and disputes often arise when employers either misinterpret their obligations or fail to engage in the required “interactive process” with the employee. ## Federal And Illinois Legal Standards For Reasonable Accommodations The ADA applies to employers with 15 or more employees and requires accommodations for individuals who meet the definition of having a disability—meaning a physical or mental impairment that substantially limits one or more major life activities. The Illinois Human Rights Act mirrors many of these protections but applies to smaller employers with one or more employees, making Illinois law broader in coverage. Reasonable accommodations under [42 U.S.C. § 12112(b)(5)(A)](https://www.govinfo.gov/app/details/USCODE-2017-title42/USCODE-2017-title42-chap126-subchapI-sec12112) and [775 ILCS 5/2-102(A)](https://www.ilga.gov/Documents/legislation/ilcs/documents/077500050K2-102.htm) can include modifications to the work environment, changes to work schedules, the acquisition of equipment, or adjustments to policies. Employers are prohibited from refusing a reasonable accommodation unless they can show it causes significant difficulty or expense in relation to the size, resources, nature, or structure of the business. ### Common Examples Of Reasonable Accommodations A reasonable accommodation can take many forms, depending on the needs of the employee and the essential functions of the position. Examples include: - Modifying work schedules to allow for medical appointments or to accommodate fatigue caused by a disability. - Providing assistive technology, such as screen readers or voice recognition software. - Adjusting physical workspaces, including installing ramps or ergonomic furniture. - Allowing remote work when feasible for the position. - Modifying workplace policies, such as a dress code, to accommodate medical devices. The accommodation must address the specific limitations caused by the disability and must be effective in enabling the employee to perform their job duties. ### The Employer’s Duty To Engage In The Interactive Process Both the ADA and Illinois law require that employers engage in a good faith “interactive process” once they are aware of the need for an accommodation. This means the employer and employee must communicate openly to identify what accommodations may be effective. Employers who fail to participate in this process risk liability for discrimination, even if the accommodation requested would have been difficult to implement. It is also important to note that employees do not need to use legal terms like “reasonable accommodation” when making their request—simply notifying the employer of a need related to a medical condition is enough to trigger the duty to engage in this process. ### When An ADA Accommodation May Be Denied An employer is not required to provide an accommodation if it causes an undue hardship. Undue hardship means an accommodation that would require significant difficulty or expense in light of the business’s size, financial resources, and operations. Employers cannot deny accommodations simply because they cause inconvenience or minor expense—there must be a legitimate and significant burden. However, an employer cannot unilaterally decide that an accommodation is an undue hardship without first exploring alternative accommodations with the employee. ### Proving A Failure To Accommodate If an employer refuses to provide a reasonable accommodation, the employee may have a claim for discrimination under both federal and Illinois law. Proving such a case often involves showing: 1. The employee has a qualifying disability. 2. The employer was aware of the disability. 3. A reasonable accommodation was requested. 4. The accommodation would not have caused undue hardship. 5. The employer failed to provide the accommodation or to engage in the interactive process. Documentation is key. We advise employees to keep records of all requests, correspondence, and any employer responses or lack thereof. ## Frequently Asked Questions About Reasonable Accommodations ### What Counts As A Disability Under The ADA And Illinois Law? A disability is any physical or mental impairment that substantially limits one or more major life activities, such as walking, seeing, hearing, or working. Illinois law under the Illinois Human Rights Act may provide broader protection than the ADA, covering conditions that might not meet the federal threshold. ### Do I Need To Disclose My Medical Condition To Get An Accommodation? You must provide enough information for your employer to understand the nature of your limitations and the need for an accommodation. This may involve medical documentation, but you do not need to share every detail of your medical history. ### Can My Employer Choose A Different Accommodation Than The One I Request? Yes. The employer is required to provide an effective accommodation but not necessarily the specific one you request. However, the chosen accommodation must allow you to perform the essential functions of your job. ### What If My Employer Says The Accommodation Is Too Expensive? Cost alone is not enough to deny an accommodation. The employer must show that the cost would cause significant difficulty or expense relative to their resources. In some cases, tax credits or outside funding sources may offset costs. ### How Long Does My Employer Have To Respond To My Accommodation Request? There is no specific deadline under federal or Illinois law, but employers must respond in a timely manner. Unnecessary delays can be considered a failure to accommodate. ### Can I Be Fired For Requesting A Reasonable Accommodation? No. Retaliation against an employee for requesting or using a reasonable accommodation is prohibited under both the ADA and Illinois law. If you are terminated or disciplined for making a request, you may have a separate claim for retaliation. ### What If My Employer Ignores My Accommodation Request? If an employer does not respond or engage in the interactive process, this can be a violation of both federal and Illinois law. You should document all attempts to communicate and seek legal advice immediately. ## Call North Suburban Legal Services Today At North Suburban Legal Services, we stand up for employees whose rights under the ADA and Illinois Human Rights Act have been violated. If your employer has refused to provide a reasonable accommodation, failed to engage in the interactive process, or retaliated against you for making a request, we are ready to help. Contact our [Chicago employment lawyers](https://nslslaw.com/practice-areas/employment.html) at North Suburban Legal by calling [312-909-6089](tel:13129096089) to [receive your free consultation](https://www.nslslaw.com/contact-us.html). We represent employees in Chicago and throughout the entire city of Chicago, Illinois. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** ADA Attorney --- ### [What Illinois Employees Need To Know About Hostile Work Environment Claims](https://nslslaw.com/what-illinois-employees-need-to-know-about-hostile-work-environment-claims/) **Published:** August 12, 2025 **Author:** admin **Content:** As employment attorneys representing workers in Chicago, we’ve helped many clients facing harassment, intimidation, and ongoing workplace hostility. A toxic environment can wear you down, impact your mental health, and hurt your job performance. When inappropriate behavior becomes constant or severe, it may become more than just uncomfortable; it may violate your legal rights under Illinois and federal employment laws. Not every rude comment or unpleasant manager creates a hostile work environment. However, if you are experiencing ongoing harassment based on your race, sex, religion, age, disability, national origin, sexual orientation, or other protected characteristics, you may have grounds for a claim. Both Title VII of the Civil Rights Act of 1964 and the Illinois Human Rights Act provide protections against workplace harassment, and we help employees understand when the law applies, how to build a claim, and how to protect their job and future. ## What Is A Hostile Work Environment Under The Law? A hostile work environment occurs when discriminatory conduct becomes so severe or pervasive that it alters the conditions of your employment. The behavior must be unwelcome, based on a protected characteristic, and create an environment that a reasonable person would find abusive or intimidating. Under federal law, Title VII of the Civil Rights Act ([42 U.S.C. § 2000e](https://www.law.cornell.edu/uscode/text/42/2000e)) makes it unlawful to harass an employee because of their protected status. Similarly, the Illinois Human Rights Act ([775 ILCS 5/1-102](https://law.justia.com/codes/illinois/chapter-775/act-775-ilcs-5/)) extends protections to employees across the state and includes categories such as gender identity and sexual orientation. Unlike one-time incidents, a hostile work environment is usually built over time through repeated actions, verbal abuse, inappropriate jokes, slurs, threats, exclusion, or physical intimidation. ### Who Can Be Responsible For A Hostile Work Environment? Hostile conduct doesn’t have to come from a direct supervisor. Co-workers, managers, customers, or vendors can all contribute to a hostile work environment. What matters is whether the employer knew or should have known about the harassment and failed to take proper action. Illinois and federal courts expect employers to take reasonable steps to stop workplace harassment once it has been reported. If your employer ignores complaints, fails to investigate, or retaliates against you for speaking up, they may be liable for allowing the environment to continue. Under the Illinois Human Rights Act, retaliation against an employee who opposes discrimination or files a complaint is also prohibited ([775 ILCS 5/6-101](https://law.justia.com/codes/illinois/chapter-775/act-775-ilcs-5/)). ### What Employees Should Document And Report If you believe you are working in a hostile environment, it’s critical to document what’s happening. Save emails, text messages, screenshots, and write down dates and details of incidents. Keep records of any complaints you make to HR or management and how they respond. This documentation can make the difference when building a strong legal case. We also advise clients to follow internal procedures for reporting harassment when possible. This shows that you gave your employer a chance to fix the situation, which strengthens your position if legal action becomes necessary. ### Filing A Hostile Work Environment Complaint To file a federal complaint, you must first submit a charge with the Equal Employment Opportunity Commission (EEOC). For state claims, you can file with the Illinois Department of Human Rights (IDHR). These agencies will investigate your claim and may try to resolve it through mediation or issue a right-to-sue letter. Once that letter is issued, you can file a lawsuit in court. Deadlines apply, usually 180 to 300 days from the last act of harassment, so it’s important not to wait. Our role is to help you understand your options, file properly, and pursue the full compensation you deserve. Remedies may include reinstatement, back pay, compensatory damages, and changes to your workplace. ## Employment Law Frequently Asked Questions ### What Kind Of Behavior Creates A Hostile Work Environment In Illinois? A hostile work environment exists when harassment becomes so frequent or severe that it creates an abusive work setting. This includes ongoing jokes, insults, threats, or discrimination based on race, gender, age, disability, religion, or other protected traits. One offensive comment may not be enough, but repeated conduct often is. ### Can A Single Incident Ever Qualify As A Hostile Work Environment? While most cases involve repeated behavior, a single incident can qualify if it is extremely severe, such as a physical assault or a threat of violence. The courts look at the seriousness and impact of the conduct when determining if it meets the legal standard. ### Do I Have To Report The Harassment To HR Before I Can File A Claim? You are not legally required to, but it’s often in your best interest. Reporting the issue internally creates a paper trail and gives your employer a chance to correct the problem. If they fail to act, your legal claim becomes stronger. Always keep copies of any reports or communications you submit. ### Can I Be Fired For Reporting A Hostile Work Environment? It is illegal for an employer to fire or retaliate against you for reporting discrimination or harassment. Retaliation can include termination, demotion, schedule changes, or exclusion from meetings. If this happens, you may have a separate retaliation claim under both federal and Illinois law. ### What Should I Do If My Employer Says I’m Overreacting? Dismissive responses don’t excuse unlawful conduct. If you’ve experienced repeated offensive behavior, document it and speak with an attorney. Courts apply an objective standard, what a reasonable person would feel, not just what your employer thinks is acceptable. ### Is It Still A Hostile Environment If The Harasser Didn’t Mean To Offend Me? Intent does not matter as much as the impact. Even if the person claims it was a joke or they didn’t mean harm, if the conduct is unwelcome, based on a protected trait, and severe or pervasive, it may still qualify as harassment under the law. ### How Long Do I Have To File A Hostile Work Environment Claim In Illinois? You must file a complaint with the EEOC or IDHR within 180 or 300 days of the most recent act of harassment, depending on the circumstances. If you miss the deadline, you may lose your ability to pursue a legal claim. Don’t wait, speak with an attorney as soon as possible. ## Call North Suburban Legal Services To Defend Your Rights At Work If you’re dealing with ongoing harassment, threats, or discrimination at work, you don’t have to go through it alone. We help workers across Chicago protect their rights, document unlawful conduct, and take legal action when employers fail to act. We represent clients throughout Chicago and are here to help you understand your rights and move forward with confidence. Contact our [Chicago employment lawyers](https://nslslaw.com/practice-areas/employment.html) at North Suburban Legal by calling [312-909-6089](tel:13129096089) to [receive your free consultation](https://www.nslslaw.com/contact-us.html). Let us help you take the first step toward a safer, fairer workplace. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Hostile Work Environment --- ### [Disability Discrimination In Illinois Workplaces: What Are Your Rights?](https://nslslaw.com/disability-discrimination-in-illinois-workplaces-what-are-your-rights/) **Published:** July 29, 2025 **Author:** admin **Content:** As employment attorneys representing workers in Chicago, we’ve seen how disability discrimination continues to affect people across industries. Employees with physical or mental impairments often face unfair treatment, from being denied reasonable accommodations to being terminated under false pretenses. While both federal and Illinois laws protect workers from discrimination based on disability, many people don’t realize how strong those protections are until their rights are violated. If you live or work in Illinois and have a disability, you are legally entitled to be treated fairly and with respect in the workplace. Employers cannot fire you, demote you, refuse to hire you, or deny you promotions because of a disability. They also must make reasonable accommodations unless doing so would cause significant hardship. When they fail to follow the law, we hold them accountable. ## Your Rights Under Federal And State Disability Laws Under the federal Americans with Disabilities Act (ADA), [42 U.S.C. § 12101 et seq.](https://www.law.cornell.edu/uscode/text/42/12101), it is unlawful for employers with 15 or more employees to discriminate against a qualified individual with a disability. A “qualified” individual is someone who can perform the essential functions of their job with or without reasonable accommodation. Illinois law provides additional protections under the Illinois Human Rights Act ([775 ILCS 5/1-101 et seq.](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2266&ChapterID=64)). This state law applies to employers with just one employee, expanding coverage beyond what federal law requires. The Illinois statute defines disability broadly, including both physical and mental conditions that limit a major life activity. In both systems, discrimination includes failure to hire, wrongful termination, harassment, and failure to provide accommodations. If an employer retaliates against you for requesting accommodations or filing a complaint, that’s also illegal under both the ADA and Illinois law. ## What Constitutes A Reasonable Accommodation? Employers are required to engage in a good-faith, interactive process with employees who request accommodations. A reasonable accommodation can include modified work schedules, reassignment to a vacant position, remote work options, assistive technology, or physical modifications to the workspace. However, not every request must be granted. If an accommodation would impose an “undue hardship,” defined under [29 C.F.R. § 1630.2(p)](https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XIV/part-1630/section-1630.2) as significant difficulty or expense, the employer may deny it. But they must provide specific reasons and cannot simply rely on vague claims of inconvenience or cost. We’ve helped clients who were denied accommodations for anxiety, depression, chronic illness, or mobility impairments. In many cases, the request could have been honored with little effort or expense. When employers refuse or retaliate, we take legal action to protect your rights. ## Proving Disability Discrimination Or Retaliation Proving discrimination requires evidence that you were qualified for your position, that you suffered an adverse employment action, and that your disability was a motivating factor. In retaliation cases, the law requires showing that you engaged in a protected activity, like requesting accommodations or filing a complaint, and that your employer took negative action in response. These cases often depend on documents, witness testimony, emails, and performance reviews. Sometimes, discrimination is clear and direct. Other times, it’s subtle, shifting responsibilities, exclusion from meetings, or a sudden drop in performance ratings. We build strong legal arguments using facts, not assumptions. ## Disability Discrimination Frequently Asked Questions ### Is My Employer Required To Accommodate My Disability In Illinois? Yes. Under both the ADA and the Illinois Human Rights Act, employers must provide reasonable accommodations to qualified individuals with disabilities unless doing so would create an undue hardship. You do not have to use specific legal language when requesting an accommodation, but it’s a good idea to make your request in writing and keep a copy for your records. ### What Should I Do If I’m Being Harassed Because Of My Disability? Report it immediately to your HR department or supervisor. If the harassment continues or if you face retaliation, contact an attorney. Both state and federal law protect employees from disability-based harassment, and your employer has a duty to take corrective action once they are aware of the issue. ### Can I Be Fired For Taking Medical Leave Related To My Disability? No. If you qualify for leave under the Family and Medical Leave Act (FMLA) or request time off as a reasonable accommodation, your employer cannot terminate you for that reason. If you are fired after disclosing your medical condition or requesting leave, this may be considered retaliation. ### What If My Employer Says My Condition Isn’t “Serious Enough” To Be Considered A Disability? Both the ADA and Illinois law have broad definitions of disability. You don’t need to be completely unable to work, only limited in a major life activity such as walking, breathing, concentrating, or working. Conditions like anxiety, diabetes, or chronic fatigue may be covered. Your employer is not allowed to make medical judgments without proper evaluation. ### How Long Do I Have To File A Disability Discrimination Claim In Illinois? Under federal law, you must file a charge with the Equal Employment Opportunity Commission (EEOC) within 300 days of the discriminatory act. Under Illinois law, you must file with the Illinois Department of Human Rights (IDHR) within 300 days as well. Missing this deadline can prevent you from pursuing your claim. ### Can I Sue My Employer For Disability Discrimination? Yes, if the facts support it. After filing a charge with the EEOC or IDHR, you may receive a Notice of Right to Sue. At that point, you can file a lawsuit in state or federal court. Damages may include lost wages, emotional distress, reinstatement, and attorney’s fees. ### What If I Was Denied A Promotion Because Of My Disability? Discriminatory denial of a promotion is unlawful. If you were qualified and denied a promotion based on your medical condition, you may have a legal claim. It’s important to document the decision-making process and seek legal counsel to evaluate your options. ## Call North Suburban Legal Services For Help With Disability Discrimination In Chicago Disability discrimination can be isolating, unfair, and damaging to your career. If your rights have been violated, we are here to help you take legal action and restore your dignity. We represent clients throughout the city of Chicago. Contact our [Chicago employment law attorneys](https://nslslaw.com/practice-areas/employment.html) at North Suburban Legal by calling [312-909-6089](tel:13129096089) to [receive your free consultation](https://www.nslslaw.com/contact-us.html). ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Disability Discrimination --- ### [Can Transgender Military Members Sue The Government For Wrongful Termination?](https://nslslaw.com/can-transgender-military-members-sue-the-government-for-wrongful-termination/) **Published:** July 15, 2025 **Author:** admin **Content:** As employment attorneys who represent workers across [Chicago,](https://www.chicago.gov/) we are often asked whether transgender individuals serving in the military can sue the government for wrongful termination. It’s a question with serious implications for civil rights and federal employment protections. Over the past several years, the status of transgender service members has changed significantly based on shifting federal policies. That has left many current and former service members uncertain about their rights under the law. If you are a transgender military member who was discharged based on your gender identity, it is critical to understand your legal options under federal and Illinois law. While active-duty military personnel fall under a different legal system than civilian employees, there are still paths to challenge discriminatory actions, especially when discharge decisions violate constitutional protections or federal statutes. Civilian transgender employees of the Department of Defense or other federal agencies may also have legal claims under employment discrimination laws. In both situations, it is possible to challenge wrongful or retaliatory discharge, but the process depends heavily on your status, the facts of your case, and the laws involved. ## Legal Protections For Transgender Individuals In Federal Employment Federal civilian employees, including those working for the military in non-uniformed positions, are protected under [Title VII of the Civil Rights Act of 1964](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964), which prohibits employment discrimination based on sex. The U.S. Supreme Court’s decision in [*Bostock v. Clayton County*](https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf), 140 S. Ct. 1731 (2020), made clear that discrimination based on gender identity is a form of sex discrimination prohibited under Title VII. This means that if a transgender civilian employee is fired, demoted, or harassed because of their gender identity, they can file a complaint with the Equal Employment Opportunity Commission (EEOC) and potentially bring a lawsuit for wrongful termination or retaliation. ## Constitutional Protections For Uniformed Military Members For active-duty service members, the situation is more complicated. Members of the military are subject to the Uniform Code of Military Justice (UCMJ) and do not have the same employment rights as civilians. However, transgender service members may still bring legal claims under the ## Equal Protection Clause of the Fifth Amendment. Federal courts have recognized that transgender individuals are a [protected class under equal protection analysis](https://constitution.congress.gov/browse/essay/amdt5-7-3/ALDE_00013730/). If a service member was discharged solely because of gender identity, they may be able to challenge the constitutionality of that discharge through a federal lawsuit. Several recent cases have been filed by advocacy groups on behalf of transgender service members raising these constitutional claims. ## Illinois Law On Gender Identity Discrimination In Illinois, transgender individuals are explicitly protected under the Illinois Human Rights Act ([775 ILCS 5/1-101 et seq.](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2266&ChapterID=64&SeqStart=600000&SeqEnd=1200000)), which prohibits discrimination in employment based on gender identity. While this law does not apply directly to federal military employment, it does provide protections for civilian contractors, military support personnel, and federal workers in Illinois who may have been wrongfully terminated based on gender identity. If you are a civilian federal employee working in Illinois and were terminated due to your gender identity, you may have claims under both federal law and Illinois state law. ## Retaliation And Wrongful Discharge Claims In addition to discrimination claims, transgender employees—civilian or military—may also have a claim for retaliatory discharge if they were terminated after reporting discrimination or asserting their legal rights. Retaliation is prohibited under both Title VII and the Illinois Human Rights Act. If you reported unfair treatment or discrimination and were later discharged or disciplined, we can help you assess whether you have a viable claim. ## Frequently Asked Questions About Transgender Wrongful Termination In Military And Civilian Federal Employment ### Can A Transgender Military Member Sue For Wrongful Termination? It depends on the person’s military status and the circumstances. Active-duty members cannot sue under Title VII but may have constitutional claims under the Fifth Amendment if they were discharged based solely on their gender identity. Legal challenges to such policies have been successful in federal court. Civilian federal employees do have protections under Title VII and may sue for wrongful termination if the discharge was discriminatory. ### Are Civilian Military Employees Protected Under Title VII? Yes. Civilian federal employees, including those working for military branches, are protected under Title VII of the Civil Rights Act. Following the *Bostock* decision, this includes protection from discrimination based on sexual orientation and gender identity. If a civilian worker is terminated or harassed due to being transgender, they may file a claim with the EEOC. ### Can I Be Fired In Illinois For Being Transgender If I Work For A Federal Agency? No. Illinois law prohibits discrimination based on gender identity through the Illinois Human Rights Act. While federal employees must pursue claims under federal law, this state law strengthens the overall framework of protections in Illinois. Civilian workers based in Illinois have a strong foundation to challenge discriminatory conduct. ### What Steps Should I Take If I Believe I Was Wrongfully Terminated As A Transgender Employee? You should first document everything: emails, conversations, performance reviews, and any written discipline or termination notices. Then, speak with an attorney who can evaluate whether your case falls under federal or state law. If you are a civilian employee, you may need to file a complaint with the EEOC within 45 days if you are a federal worker or within 300 days under standard Title VII timelines. ### Can I File A Retaliation Claim If I Was Fired After Reporting Discrimination? Yes. Both federal and Illinois laws prohibit retaliation against employees who report discrimination. If you were terminated shortly after making a complaint or asserting your legal rights, that timing may support a retaliation claim. We often use patterns like this as evidence in wrongful discharge cases. ### How Long Do I Have To File A Claim? If you are a federal civilian employee, you must initiate contact with your EEO counselor within 45 days of the discriminatory act. For other civilian claims under Title VII or the Illinois Human Rights Act, you generally have up to 300 days from the date of the termination or discriminatory event to file a complaint with the EEOC or the Illinois Department of Human Rights. ## Call North Suburban Legal Services If You’ve Been Wrongfully Terminated Based On Gender Identity At North Suburban Legal Services, we fight for the rights of workers across Chicago who have faced discrimination or wrongful termination. If you’re a transgender employee—civilian or military—who believes you were wrongfully fired based on your identity, we are ready to help you understand your legal options and take action to protect your rights. Contact our [Chicago wrongful termination attorneys](https://nslslaw.com/chicago-wrongful-termination-attorney.html) at North Suburban Legal by calling [312-909-6089](tel:13129096089) to [receive your free consultation](https://www.nslslaw.com/contact-us.html). We proudly serve clients throughout Chicago and the surrounding areas with compassionate, results-driven representation in wrongful termination, retaliation, and civil rights cases. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Wrongful Termination Attorney --- ### [Recognizing Constructive Discharge in Chicago Workplaces  ](https://nslslaw.com/recognizing-constructive-discharge-in-chicago-workplaces/) **Published:** July 1, 2025 **Author:** admin **Content:** As attorneys representing employees throughout Chicago, we often meet workers who didn’t technically get fired but felt they had no real choice but to quit. These situations are known as [constructive discharge](https://www.ilga.gov/legislation/102/SB/PDF/10200SB2332lv.pdf), and they carry real legal consequences under both Illinois and federal law. When an employer creates or allows conditions so intolerable that a reasonable person would feel forced to resign, it can be treated as an unlawful termination. Too many employees blame themselves for walking away when, in truth, the working environment was made unlivable on purpose or through serious neglect. Constructive discharge can occur in many ways. Harassment, retaliation, demotions, hostile work conditions, or sudden changes to job duties or pay can all push someone out of their position. If your resignation wasn’t truly voluntary, you may still have rights. Courts look beyond the resignation letter to examine what really happened, and Illinois law recognizes that a resignation under pressure or coercion can be a termination in disguise. ## What Is Constructive Discharge Under Federal And Illinois Law? Constructive discharge is not a specific statute but a legal doctrine recognized under both federal and Illinois employment law. It is most commonly applied in the context of discrimination or retaliation claims. Under Title VII of the Civil Rights Act of 1964 ([42 U.S.C. § 2000e-2](https://www.law.cornell.edu/uscode/text/42/2000e-2)) and the Illinois Human Rights Act ([775 ILCS 5/2-102](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=077500050K2-102)), a constructive discharge may support a wrongful termination claim if the resignation was caused by discriminatory treatment or retaliation for protected activity. To succeed in a constructive discharge claim, the employee must show: - The working conditions were objectively intolerable - A reasonable person in the same position would have resigned - The employer either intended to force the resignation or knew about the intolerable conditions and failed to fix them Federal courts apply this standard through decisions like [*Pennsylvania State Police v. Suders*](https://supreme.justia.com/cases/federal/us/542/129/), 542 U.S. 129 (2004), while Illinois state courts apply similar principles under state law. ## Examples Of Constructive Discharge In Chicago Workplaces We’ve seen many situations where constructive discharge arises. Here are common examples that may qualify: - Ongoing sexual or racial harassment not addressed by management - Sudden pay cuts or demotions made in retaliation for filing a complaint - A toxic or abusive environment that worsens after reporting illegal conduct - Reassignment to dangerous duties after refusing to break the law - Isolation, exclusion, or public shaming following protected whistleblowing Each case must be examined in detail, but when the pressure becomes too much to bear and the employer fails to intervene, your resignation may be legally viewed as a firing. ## How Constructive Discharge Connects To Retaliatory Discharge Claims In Illinois, retaliatory discharge occurs when an employer fires an employee for exercising their legal rights, such as filing a workers’ compensation claim or reporting illegal activity. Constructive discharge may be the *means* by which this retaliation happens. Instead of terminating you outright, your employer may manipulate your work environment to force you out. Illinois courts allow retaliatory discharge claims based on constructive discharge when the facts show that resignation was coerced. The Illinois Supreme Court recognized retaliatory discharge in [*Kelsay v. Motorola, Inc.*](https://law.justia.com/cases/illinois/supreme-court/1978/49950-6.html#:~:text=The%20plaintiff%20alleged%20that%20her,damages%20and%20%2425%2C000%20punitive%20damages.), 74 Ill. 2d 172 (1978), and subsequent cases have expanded it to cover constructive discharge situations. ## Preserving Your Legal Rights After Constructive Discharge If you believe you were constructively discharged, don’t wait to act. You may still have deadlines to meet for filing claims under the following: - Federal EEOC deadlines (typically 300 days from the last discriminatory act in Illinois) - Illinois Human Rights Act deadlines (generally 300 days) - Common law retaliatory discharge claims (usually 5 years under [735 ILCS 5/13-205](https://www.ilga.gov/legislation/ilcs/documents/073500050k13-205.htm)) Document everything—emails, witness statements, written complaints—and consult a qualified employment attorney. Your resignation doesn’t necessarily mean you gave up your rights. ## Frequently Asked Questions About Constructive Discharge In Chicago ### What Qualifies As Intolerable Working Conditions In A Constructive Discharge Case? Intolerable conditions are more than just workplace frustration. Courts look for serious issues like harassment, demotion, threats, retaliation, or changes in job status that no reasonable employee would be expected to endure. The key is whether a reasonable person in your position would feel forced to resign due to the conditions created or tolerated by the employer. ### Can I Sue My Employer If I Quit My Job Due To Harassment Or Retaliation? Yes. If you resigned because of unlawful harassment or retaliation, and the working conditions were so severe that no reasonable person would have stayed, you may be able to bring a constructive discharge claim. These claims are often linked to violations of federal anti-discrimination laws or the Illinois Human Rights Act. ### Do I Need To Complain Internally Before Resigning? Yes, you should try to use any internal grievance or complaint process available to you before resigning. Courts expect employees to give employers a chance to fix the problem unless the situation is so severe that complaining would be pointless or dangerous. Document all complaints and your employer’s response—or lack of one. ### What Is The Difference Between Constructive Discharge And Being Laid Off? A layoff is an involuntary termination, usually due to economic reasons or restructuring. Constructive discharge is a resignation made under duress or unbearable working conditions caused by the employer. While both can support claims in certain cases, constructive discharge focuses on the environment leading up to the resignation. ### Can I File For Unemployment Benefits After A Constructive Discharge? Possibly. If the Illinois Department of Employment Security (IDES) agrees that you quit for good cause connected to the work—such as harassment or retaliation—you may still qualify for unemployment. You will need to present clear evidence that the work environment forced you to resign. ### How Long Do I Have To File A Claim After A Constructive Discharge In Illinois? The deadline depends on the type of claim. For discrimination or retaliation under federal law, you must file a charge with the EEOC within 300 days. Under Illinois state law, you also generally have 300 days. For a retaliatory discharge lawsuit under common law, you usually have 5 years. It’s best to act as quickly as possible. ## Call North Suburban Legal Services For Help With Constructive Discharge And Retaliation Claims If your working conditions forced you to resign, and you believe it was done in retaliation or as a form of discrimination, we want to help. At North Suburban Legal Services, we represent workers across Chicago who have experienced wrongful treatment and constructive discharge. You don’t have to suffer in silence or walk away without answers. Contact our [Chicago employment lawyers](https://nslslaw.com/practice-areas/employment.html) at North Suburban Legal by calling [312-909-6089](tel:13129096089) to [receive your free consultation](https://www.nslslaw.com/contact-us.html). We proudly represent employees throughout Chicago and the entire city of Chicago, Illinois. Let us help you protect your rights and hold your employer accountable. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Constructive Discharge --- ### [How To File An Employment Discrimination Claim In Illinois](https://nslslaw.com/how-to-file-an-employment-discrimination-claim-in-illinois/) **Published:** June 17, 2025 **Author:** admin **Content:** When we meet with clients who believe they’ve faced discrimination at work, we explain that both federal and Illinois law protect employees from unfair treatment based on protected characteristics. Filing a claim can seem overwhelming, but understanding the steps and deadlines is essential to preserving your rights. First, you must identify the legal basis for your claim—whether it involves race, gender, age, disability, religion, or another protected class. Then, you must exhaust administrative remedies before proceeding to court. Throughout the process, documentation and timely action are critical. We guide our clients through each stage, ensuring their claim meets all statutory requirements under Title VII, the ADA, the ADEA, and the Illinois Human Rights Act (IHRA). ## Understanding Employment Discrimination Laws Under Title VII of the Civil Rights Act of 1964 ([42 U.S.C. § 2000e-2](https://www.law.cornell.edu/uscode/text/42/2000e-2)), it is unlawful for employers to discriminate in hiring, firing, compensation, or other terms of employment based on race, color, religion, sex, or national origin. The Americans with Disabilities Act ([42 U.S.C. § 12112](https://www.law.cornell.edu/uscode/text/42/12112)) prohibits discrimination against qualified individuals with disabilities. The Age Discrimination in Employment Act ([29 U.S.C. § 623](https://www.law.cornell.edu/uscode/text/29/623)) protects workers 40 and older. At the state level, the Illinois Human Rights Act ([775 ILCS 5/2-102](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=077500050K2-102)) extends these protections to include sexual orientation, marital status, and unfavorable military discharge. Knowing which statute applies helps shape the evidence we collect. ### Exhausting Administrative Remedies Before filing a lawsuit, Illinois law requires you to file a charge with both the U.S. Equal Employment Opportunity Commission (EEOC) and the Illinois Department of Human Rights (IDHR). Under Title VII, you generally have 180 days from the discriminatory act to file with the EEOC—300 days if your employer is also covered by state law. For the IHRA, you have 300 days. Failing to meet these deadlines usually bars your claim. Early filing preserves your right to a “Right to Sue” notice and eventual lawsuit. ### Preparing Your Charge Of Discrimination When drafting the charge, we ensure it clearly describes the unlawful conduct, dates, relevant policies, and witnesses. The charge should state the protected class involved and how the employer’s actions violated federal or state statutes. We gather supporting documents—performance reviews, emails, personnel policies, and identify witnesses who observed the conduct. A well-prepared charge not only prompts a thorough investigation but also strengthens your case if you move to court. ### The EEOC Investigation And Right To Sue Letter Once your charge is filed, the EEOC will notify your employer and investigate. This may include document requests, witness interviews, and mediation under the EEOC’s Early Mediation Program. If the EEOC dismisses your charge or issues a “Right to Sue” notice, you have 90 days from receipt to file a lawsuit in federal court. Under the IHRA, after dual filing with the IDHR, you can request a civil action if the IDHR does not resolve your claim within 365 days. ### Filing A Lawsuit After Administrative Clearance With your Right to Sue letter in hand, we prepare a complaint outlining jurisdiction, parties, factual allegations, and statutory violations. We file in federal court for Title VII, ADA, or ADEA claims, citing 42 U.S.C. § 2000e-5(f)(1) for Title VII. For IHRA claims, we file in Cook County Circuit Court or another county of venue, citing 775 ILCS 5/8-111. Timing is critical—missing the 90-day window after the Right to Sue letter can result in dismissal. ### Timelines, Remedies, And Settlement Options Remedies for successful discrimination claims include back pay, reinstatement, lost benefits, compensatory and punitive damages (limited by statute, see 42 U.S.C. § 1981a), and attorney’s fees. Early settlement discussions often yield voluntary relief without prolonged litigation. We balance aggressive representation with realistic assessments of trial risks and settlement value, always aiming to maximize client recovery. ## Employment Discrimination Frequently Asked Questions ### What Should I Do First If I Believe I’ve Faced Discrimination? We recommend documenting every incident immediately. Save emails, memos, performance reviews, and any written or recorded evidence. Note dates, times, and names of witnesses. Early documentation helps us craft a detailed charge and supports your credibility in an EEOC or IDHR investigation. ### How Long Do I Have To File A Charge For Employment Discrimination? For federal claims under Title VII, the deadline is 180 days from the date of the discriminatory act, extended to 300 days if your employer is covered by state anti-discrimination laws. For state claims under the IHRA, you have 300 days. Missing these deadlines generally bars your right to pursue legal remedies. ### Can I File A Charge If My Employer Has Fewer Than 15 Employees? Title VII applies to employers with 15 or more employees. However, the IHRA in Illinois covers employers with one or more employees. Thus, state law may protect you even if you’re not covered under federal law. ### What Happens During The EEOC Investigation? After you file a charge, the EEOC notifies your employer and may request position statements and documents. The agency may interview you, your employer, and witnesses. Mediation is offered in many cases. If the EEOC finds no violation, it issues a Right To Sue letter; if it finds discrimination, it may attempt conciliation or issue a finding of reasonable cause. ### Do I Need A Lawyer To File A Charge? You can file without a lawyer, but legal representation ensures your charge is thorough and timely. We help you frame legal theories, gather evidence, and communicate clearly with the EEOC or IDHR. Attorney involvement often leads to stronger investigations and better settlements. ### Can I Be Retaliated Against For Filing A Charge? No. Federal law (42 U.S.C. § 2000e-3(a)) and the IHRA (775 ILCS 5/6-101) protect you from retaliation. If your employer punishes you for filing a charge—through demotion, termination, or harassment—you can file a separate retaliation claim with the EEOC or IDHR. ### What Remedies Are Available If My Claim Succeeds? Successful claims may yield back pay, front pay, reinstatement, compensatory damages for emotional distress, punitive damages (under Title VII, subject to caps in 42 U.S.C. § 1981a), and coverage of attorney’s fees and costs. The IHRA also allows for injunctive relief and damages. ### How Long Will The Entire Process Take? EEOC investigations can last six months to over a year, depending on workload and complexity. State investigations through the IDHR may take up to 365 days. Lawsuits add additional months or years. We work diligently to expedite your claim and explore early settlement opportunities. ## Call North Suburban Legal Services Today To Protect Your Rights Filing an employment discrimination claim in Illinois requires precise timing and legal knowledge. We at North Suburban Legal Services guide Chicago employees through every step—charge preparation, administrative proceedings, and litigation if needed. Contact our [Chicago employment lawyers](https://nslslaw.com/practice-areas/employment.html) at North Suburban Legal by calling [312-909-6089](tel:13129096089) to [receive your free consultation](https://www.nslslaw.com/contact-us.html). We serve clients throughout Chicago, protecting your rights and seeking the justice you deserve. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Employment Lawyer --- ### [Wrongful Termination And Contract Employees In Illinois](https://nslslaw.com/wrongful-termination-and-contract-employees-in-illinois/) **Published:** June 2, 2025 **Author:** admin **Content:** When we represent contract employees in Chicago facing unexpected or unfair discharge, we know how confusing the situation can be. Unlike at-will workers, contract employees often rely on written agreements that outline specific terms for employment duration, duties, and termination. When an employer fires you in violation of those terms, you may have grounds to challenge the termination as wrongful. Federal and Illinois laws also provide protections against discriminatory or retaliatory firings, even for contract workers. Understanding these legal safeguards and how to enforce them is essential to protect your job security and financial well-being. ## Understanding Contract Employment In Illinois A contract employee works under a written agreement specifying start and end dates, performance criteria, and termination conditions. Illinois follows general contract principles under the Illinois Code of Civil Procedure ([735 ILCS 5/2-201](https://www.ilga.gov/legislation/ilcs/documents/073500050K2-201.htm)), enforcing clear, definite terms. If your employer fires you outside the contract’s termination provisions, such as “for cause” only after documented warnings, you can bring a breach of contract claim. This differs from at-will employment, where either party may end the relationship at any time without reason. ## Federal Protections For Contract Employees Contract employees enjoy many of the same federal protections as at-will employees. Title VII of the Civil Rights Act ([42 U.S.C. § 2000e-2](https://www.law.cornell.edu/uscode/text/42/2000e-2)) prohibits firing based on race, religion, sex, or national origin. The Age Discrimination in Employment Act ([29 U.S.C. § 623](https://www.law.cornell.edu/uscode/text/29/623)) covers workers over 40. The Americans With Disabilities Act ([42 U.S.C. § 12112](https://www.law.cornell.edu/uscode/text/42/12112)) bars termination for disability. We investigate whether your termination was a pretext for prohibited discrimination. If so, you may file a Charge of Discrimination with the Equal Employment Opportunity Commission within 180 days of the firing. ## Illinois Statutory Protections Against Retaliation Illinois law adds further safeguards. The Illinois Human Rights Act ([775 ILCS 5/2-102](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=077500050K2-102)) mirrors federal discrimination protections and extends them to sexual orientation and marital status. Under the Illinois Whistleblower Act ([740 ILCS 174/15](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2495)), employers may not retaliate against employees who report violations of law or refuse illegal acts. If your contract termination followed a good-faith report of workplace fraud, safety violations, or wage theft, you can sue under [740 ILCS 174/20](https://www.ilga.gov/legislation/ilcs/documents/074001740K20.htm) for reinstatement, back pay, and damages. ## Breach Of Contract Claims In Illinois Courts When an employer violates a clear termination clause, we file a breach of contract action in Cook County or the county where you worked. To succeed, we show (1) the existence of a valid contract, (2) your performance under it, (3) the employer’s breach by improper firing, and (4) resulting damages ([735 ILCS 5/2-204](https://ilga.gov/legislation/ilcs/documents/073500050K2-204.htm)). Damages may include lost wages, benefits, and sometimes emotional distress in egregious cases. ## Combining Contract And Statutory Claims Often, wrongful termination involves both contract breaches and statutory violations. For example, firing a whistleblower before the contract term ends may breach the contract and violate [740 ILCS 174](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2495). We can pursue both claims simultaneously, seeking contract damages plus statutory remedies such as civil penalties and attorneys’ fees. ## Challenging The Termination Process Employers must follow their own procedures. If your contract requires written warnings or progressive discipline before firing “for cause,” we demand all documentation. Missing or inconsistent records can strengthen your case. Under Illinois common law, terminating in bad faith may also give rise to an implied covenant of good faith and fair dealing claim, although Illinois courts apply it cautiously. ## Remedies And Damages For Wrongful Termination Successful contract claims yield compensatory damages: back pay for lost wages, front pay where reinstatement is impossible, and benefits continuation. Statutory violations can add punitive damages, civil penalties, and attorneys’ fees under [740 ILCS 174/20](https://www.ilga.gov/legislation/ilcs/documents/074001740K20.htm) or [775 ILCS 5/8-111.5](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=077500050K8-111). We tailor remedy strategies based on your contract terms and the nature of any federal or Illinois law breach. ## Preventive Strategies For Contract Employees To avoid surprises, we always advise contract employees to negotiate clear termination provisions and dispute-resolution clauses. Regularly document performance and any compliance reports you make. If conflict arises, engage counsel early—before disputes escalate. ## Employment Law Frequently Asked Questions ### What Rights Do Contract Employees Have Under Illinois Law? Contract employees have the right to enforcement of written termination provisions under the Illinois Code of Civil Procedure ([735 ILCS 5/2-201](https://www.ilga.gov/legislation/ilcs/documents/073500050K2-201.htm)). When an employer fires in breach of those clear terms, such as firing without “cause” when the contract demands cause, you can sue for contract damages, including wages and benefits you would have earned. ### How Do I Prove A Breach Of My Employment Contract? We gather your signed contract, correspondence, and policies outlining termination procedures. You must show you met performance requirements and that your firing violated the contract’s terms. Evidence of missing warnings or procedural steps strengthens your breach claim under [735 ILCS 5/2-204](https://ilga.gov/legislation/ilcs/documents/073500050K2-204.htm). ### Can Employer Policies Create Implied Contract Rights? Yes. Under Illinois common law, an employer handbook or policy manual that promises job security or discipline procedures can create an implied contract. If your handbook states “employees will be terminated only for just cause,” and you were fired without cause, you can argue the handbook terms are enforceable. ### What Damages Are Available For Wrongful Termination? Contract damages include lost wages, benefits, and front pay where reinstatement isn’t feasible. Statutory remedies can add civil penalties, punitive damages, and attorneys’ fees, especially under whistleblower statutes and discrimination laws. ## Call North Suburban Legal Services For Exceptional Legal Help If your contract termination violated your agreement or federal and Illinois employment laws, we can help you enforce your rights. At North Suburban Legal Services, we represent contract employees throughout Chicago with dedication and clarity. Contact our [Chicago employment law attorneys](https://nslslaw.com/practice-areas/employment.html) at North Suburban Legal by calling [312-909-6089](tel:13129096089) to [receive your free consultation](https://www.nslslaw.com/contact-us.html). Let us guide you through a clear, effective path to justice. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Employment Law Attorney --- ### [Protecting Whistleblowers in Illinois: Rights and Legal Safeguards](https://nslslaw.com/protecting-whistleblowers-in-illinois-rights-and-legal-safeguards/) **Published:** May 12, 2025 **Author:** admin **Content:** When employees speak up about illegal or unethical conduct in the workplace, they are often taking a personal and professional risk. We know how difficult it can be to report wrongdoing, especially when the fear of retaliation is real. Whistleblowers play an essential role in holding companies, government agencies, and employers accountable. That’s why both federal and Illinois laws provide protections to shield whistleblowers from retaliation, including termination, demotion, or harassment. At North Suburban Legal Services, we work with employees across Chicago who have experienced retaliation after reporting misconduct. Whether you’ve raised concerns about fraud, safety violations, discrimination, or wage theft, the law is on your side. But to protect your rights, you must understand the legal framework and act quickly. ## What Is Whistleblower Retaliation? Whistleblower retaliation occurs when an employer punishes an employee for reporting illegal, unethical, or unsafe practices. Retaliation can include firing, demotion, reduced hours, exclusion from projects, or a hostile work environment. Under both federal and Illinois law, these actions are illegal if they are in response to a good-faith report of misconduct. Retaliation is prohibited under multiple statutes, including [Title VII](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964) of the Civil Rights Act of 1964, the Occupational Safety and Health Act ([OSHA](https://www.osha.gov/)), the Sarbanes-Oxley Act ([SOX](https://en.wikipedia.org/wiki/Sarbanes%E2%80%93Oxley_Act)), and the Illinois Whistleblower Act (740 ILCS 174/). These laws protect employees who report violations internally or to a government agency. ## Illinois Whistleblower Act Protections Under the Illinois Whistleblower Act ([740 ILCS 174/15](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2495)), employers may not retaliate against an employee for: - Disclosing information to a government or law enforcement agency when the employee reasonably believes a law, rule, or regulation has been violated - Refusing to participate in activities that would result in a violation of the law - Reporting workplace violations, including health and safety concerns This state law applies to private and public employees and provides the right to sue for damages, reinstatement, and attorney’s fees. ## Federal Whistleblower Protections Several federal laws also offer whistleblower protections, depending on the type of misconduct reported. For example: - OSHA protects workers who report workplace safety violations or refuse dangerous work - The False Claims Act (31 U.S.C. § 3730(h)) protects individuals who report fraud against the federal government - The Sarbanes-Oxley Act (18 U.S.C. § 1514A) applies to employees of publicly traded companies who report securities fraud or accounting misconduct Many of these laws have strict deadlines for filing a retaliation claim, sometimes as short as 30 or 90 days. That’s why you should speak to our attorneys today. ## Filing A Retaliatory Discharge Claim In Illinois Retaliatory discharge is a wrongful termination claim recognized under Illinois common law. To bring a valid claim, the employee must show: - They were fired - The termination was in retaliation for exercising a protected right or reporting illegal conduct - The firing violates a clearly defined public policy Examples include firing an employee for filing a workers’ compensation claim or reporting criminal activity. Illinois courts have upheld employee rights in these cases under both statutory and common law protections. ## FAQs About Whistleblower Protections In Illinois ### What Counts As Whistleblower Retaliation? Retaliation can include termination, demotion, harassment, suspension, reduced hours, or being excluded from promotions or projects. If these actions follow your report of illegal or unethical behavior, you may have a claim under Illinois or federal law. ### Do I Have To Report Misconduct To A Government Agency To Be Protected? Not always. Under the Illinois Whistleblower Act, you are protected even if you report misconduct internally—such as to a supervisor or human resources department. However, reporting to an outside agency can further strengthen your legal position. ### Is It Legal For My Employer To Fire Me For Reporting Unsafe Working Conditions? No. Both OSHA and the Illinois Whistleblower Act protect employees who report unsafe conditions. If you are fired or disciplined after raising safety concerns, you may be able to file a complaint with OSHA and pursue a wrongful discharge claim. ### How Long Do I Have To File A Retaliation Complaint? The timeline depends on the law that applies. For example, OSHA complaints must generally be filed within 30 days of the retaliation. Some federal laws allow up to 180 days. In Illinois, common law retaliatory discharge claims must be filed within five years, but it’s always better to act quickly. ### Can I Be Protected If I Refuse to Break The Law For My Employer? Yes. Under 740 ILCS 174/20, the Illinois Whistleblower Act protects employees who refuse to engage in illegal conduct. If you were fired or disciplined for refusing to follow an unlawful directive, you may have a valid claim. ### What Compensation Can I Receive If I Win A Whistleblower Case? Successful whistleblower and retaliation claims may result in reinstatement to your former position, back pay, front pay, compensatory damages for emotional distress, and reimbursement for legal fees. In some cases, punitive damages may also be awarded. ### What Should I Do If I Suspect Retaliation? Document everything—emails, performance reviews, changes in duties, and communications related to your report. Then contact an employment attorney immediately. Taking early action helps preserve your rights and strengthens your case. ### Does It Matter If The Misconduct I Reported Was Never Proven? No. Whistleblower protections apply if you had a reasonable belief that the law was being violated—even if it turns out no violation occurred. The key issue is whether your report was made in good faith. ## Call North Suburban Legal Services Today To Protect Your Rights As A Whistleblower No one should be punished for doing the right thing. If you’ve experienced retaliation after reporting misconduct, let us help you take the next step. At North Suburban Legal Services, we fight for employees across Chicago who need a strong legal advocate. Contact our [Chicago employment law attorneys](https://nslslaw.com/practice-areas/employment.html) at North Suburban Legal by calling [312-909-6089](tel:13129096089) to [receive your free consultation](https://www.nslslaw.com/contact-us.html). ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Whistleblower Act --- ### [Why You Need An Attorney For Your Unpaid Wages Claim](https://nslslaw.com/why-you-need-an-attorney-for-your-unpaid-wages-claim/) **Published:** May 5, 2025 **Author:** admin **Content:** If you’ve worked hard and haven’t received the wages you’re legally owed, you’re not alone—and you do have legal rights. Many workers across Illinois face unpaid wage issues, whether it’s missing overtime, withheld commissions, unpaid final paychecks, or being misclassified as exempt when they shouldn’t be. We’ve worked with countless employees who were taken advantage of by employers who either ignored wage laws or assumed they wouldn’t be challenged. That’s why having an attorney on your side makes a real difference. Federal and Illinois laws offer strong protections to workers, but enforcing those rights requires a detailed understanding of how the system works. Employers often have legal teams protecting their interests—so should you. Filing a wage claim seems straightforward, But employers frequently dispute these claims, delay payments, or retaliate. Legal representation ensures your voice is heard and your rights are fully enforced. ## Understanding Your Rights Under Federal And Illinois Wage Laws Under the Fair Labor Standards Act (FLSA), employees are entitled to be paid at least the federal minimum wage and receive time-and-a-half pay for any hours worked over 40 in a week. In Illinois, the Illinois Wage Payment and Collection Act ([820 ILCS 115/](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=082001150K2)) and the Illinois Minimum Wage Law ([820 ILCS 105/](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2400&ChapterID=68)) provide even stronger protections. These laws cover issues like: - Unpaid overtime - Minimum wage violations - Unpaid final paychecks - Withheld commissions or bonuses - Misclassification as independent contractors - Off-the-clock work - Retaliation for asserting wage rights If your employer fails to comply with any of these requirements, you may be entitled to unpaid wages, interest, and additional penalties. ## How An Attorney Helps Build A Strong Wage Claim When our firm takes on an unpaid wages case, our first step is to gather vital evidence. This includes pay stubs, time records, schedules, emails, and other documents that show the hours you worked and what you were paid. We compare this information against your legal entitlements under both federal and state laws. We also handle all communication with your employer, negotiate on your behalf, and, if necessary, file a complaint with the Illinois Department of Labor or a lawsuit in state or federal court. In many cases, we pursue claims for liquidated damages, penalties, and attorney fees, which are available under both state and federal statutes. In many cases, employers will try to use loopholes or intimidation tactics to avoid liability. With legal representation, you won’t be pressured into settling for less than you’re owed. ## Legal Ramifications For Employers Who Violate Wage Laws Employers who violate wage laws can face serious consequences. Under the FLSA, employers may be required to pay double the amount of unpaid wages (known as liquidated damages). Illinois law imposes a 2% monthly penalty on unpaid wages under 820 ILCS 115/14(a), and employers may also be ordered to cover your legal costs. Additionally, if your employer retaliates against you for asserting your rights—such as firing you or cutting your hours—that could result in a separate claim for retaliatory discharge under Illinois common law or under [820 ILCS 115/14(c)](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=082001150K14). ## FAQs About Unpaid Wages Claims In Illinois ### What Should I Do If My Employer Refuses To Pay Me? Start by documenting everything—hours worked, emails, texts, and any previous paychecks or records. Then, contact an attorney who can review your claim and determine the best course of action. You have the right to demand unpaid wages, and the law provides a process for enforcing those rights. ### How Much Time Do I Have To File An Unpaid Wages Claim In Illinois? Under Illinois law, most wage claims must be filed within three years. The federal FLSA also provides a two- to three-year window depending on whether the violation was willful. It’s important to act quickly because waiting too long can limit your ability to recover what you’re owed. ### Can I File A Wage Claim Without A Lawyer? You can file a claim through the Illinois Department of Labor or the U.S. Department of Labor without a lawyer, but you’ll likely be at a disadvantage if your employer contests the claim. An attorney can help you maximize your recovery, handle legal filings, and push back against any defenses your employer may raise. ### What If I’m Paid Salary—Am I Still Entitled To Overtime? Possibly. Being paid a salary does not automatically mean you’re exempt from overtime. Under the FLSA and Illinois law, you must meet specific criteria under the executive, administrative, or professional exemptions. If those conditions aren’t met, your employer must pay you overtime, even if you’re salaried. ### Can My Employer Retaliate Against Me For Filing A Wage Claim? No. Retaliation for asserting your wage rights is illegal under 820 ILCS 115/14(c). If your employer takes negative action against you—such as firing, demoting, or harassing you—you may have a separate legal claim for damages. ### Are Unpaid Bonuses And Commissions Covered By Wage Laws? Yes, if the bonus or commission was earned under the terms of your employment agreement. Illinois law requires employers to pay all earned compensation, including bonuses and commissions. If your employer refuses, you may be entitled to penalties and attorney fees. ### Can I Recover Legal Fees In An Unpaid Wages Case? Yes. Under both federal and Illinois law, successful plaintiffs can often recover reasonable attorney fees and court costs. This is important because it allows employees to pursue claims even if the unpaid wages alone are relatively small. ## Call North Suburban Legal Services If You’re Owed Unpaid Wages You deserve to be paid fairly for the work you’ve done. At North Suburban Legal Services, we fight for workers across Chicago to recover unpaid wages and protect their rights under the law. Contact our [Chicago employment attorneys](https://nslslaw.com/practice-areas/employment.html) at North Suburban Legal by calling [312-909-6089](tel:13129096089) to [receive your free consultation](https://www.nslslaw.com/contact-us.html). We represent clients throughout Chicago and Illinois. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Employment Attorney --- ### [What To Do If You’re Facing Sexual Harassment In The Workplace In Chicago](https://nslslaw.com/what-to-do-if-youre-facing-sexual-harassment-in-the-workplace-in-chicago/) **Published:** April 14, 2025 **Author:** admin **Content:** Sexual harassment in the workplace is a serious violation of both federal and Illinois employment laws. Employees have the right to work in an environment free from harassment, discrimination, and retaliation. Unfortunately, many individuals face unwanted advances, inappropriate comments, or even threats related to their job security if they reject such behavior. Under Title VII of the Civil Rights Act of 1964 ([42 U.S.C. § 2000e-2](https://www.law.cornell.edu/uscode/text/42/2000e-2)) and the Illinois Human Rights Act ([775 ILCS 5/2-102](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=077500050K2-102)), employers are prohibited from engaging in or tolerating sexual harassment in the workplace. These laws protect employees from quid pro quo harassment, where a job benefit is conditioned on accepting sexual advances, and hostile work environments, where repeated misconduct creates an intimidating or offensive workplace. If you are facing sexual harassment in the workplace, taking immediate action is essential to protect your rights, your job, and your well-being. ## Steps To Take If You Are Being Harassed At Work ### Document The Harassment Keeping detailed records is one of the most important steps in proving workplace harassment. Document: - Dates, times, and locations of incidents - Specific words or actions used by the harasser - Witnesses who may have observed the behavior - Any communications related to the harassment, such as emails or text messages Proper documentation can serve as evidence if you decide to file a formal complaint or take legal action. ### Report The Harassment To Your Employer Employers in Illinois are legally required to have policies and procedures in place for handling workplace harassment. If you are experiencing sexual harassment, follow these steps: 1. **Review your company’s harassment policy** – Most employers have guidelines on how to report workplace misconduct. 2. **File a complaint with HR or a supervisor** – Submit a written complaint detailing the harassment and request an investigation. 3. **Request follow-up action** – If the company does not take action, you may have grounds for a legal claim. Under Illinois law ([775 ILCS 5/2-109](https://www.ilga.gov/legislation/ilcs/documents/077500050K2-109.htm)), employers must investigate harassment claims and take corrective action. ### Know Your Rights If Your Employer Retaliates If you report sexual harassment and face retaliation, such as termination, demotion, or negative performance reviews, you may have grounds for a retaliatory discharge claim. Federal and state laws, including 42 U.S.C. § 2000e-3 and 775 ILCS 5/6-101, prohibit retaliation against employees who assert their rights. If you experience retaliation, consult an attorney immediately to explore your legal options. ### File A Complaint With A Government Agency If your employer fails to address your complaint, you can file a formal complaint with: - **The Equal Employment Opportunity Commission (EEOC)** – This federal agency enforces Title VII protections. Complaints must be filed within 300 days of the harassment. - **The Illinois Department of Human Rights (IDHR)** – This state agency investigates harassment claims and enforces Illinois Human Rights Act protections. Complaints must be filed within 300 days. These agencies investigate workplace harassment and may take legal action against employers who violate the law. ### Consider Filing A Lawsuit If internal complaints and administrative actions do not resolve the issue, you may be able to file a lawsuit for damages, including: - Lost wages due to retaliation or wrongful termination - Emotional distress caused by harassment - Punitive damages in cases of severe employer misconduct Legal representation can help maximize compensation and hold employers accountable for unlawful conduct. ## Workplace Sexual Harassment FAQs ### What Qualifies As Sexual Harassment In The Workplace? Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that interferes with work performance or creates an intimidating environment. This includes inappropriate comments, suggestive emails, unwanted touching, and coercion. ### Can My Employer Fire Me For Reporting Sexual Harassment? No. Federal and Illinois laws prohibit retaliation against employees who report sexual harassment. If you are fired, demoted, or face negative consequences for speaking up, you may have grounds for a wrongful termination or retaliatory discharge claim. ### What If My Harasser Is Not My Employer But A Coworker Or Client? Employers are responsible for maintaining a safe workplace, regardless of who commits the harassment. If a coworker, client, or customer harasses you, your employer must take action to stop the behavior once it has been reported. If they fail to act, they may be liable. ### What Should I Do If My HR Department Ignores My Complaint? If HR fails to investigate or take action, you have the right to file a complaint with the EEOC or IDHR. You may also consider consulting an attorney to determine whether a lawsuit against your employer is warranted. ### How Long Do I Have To File A Complaint? You generally have 300 days from the date of the last incident to file a complaint with the EEOC or IDHR. If you plan to file a lawsuit, deadlines may vary depending on the specific legal claim. ### Do I Need A Lawyer To Handle My Sexual Harassment Case? While you are not required to have an attorney, legal representation can increase your chances of success. A lawyer can help gather evidence, negotiate settlements, and represent you in court if necessary. ## Contact Our Chicago Sexual Harassment Lawyer For A Free Consultation If you are facing sexual harassment in the workplace, you do not have to go through it alone. At North Suburban Legal Services, we are committed to protecting employees’ rights and holding employers accountable. If you need help, contact our [Chicago sexual harassment lawyer](https://nslslaw.com/chicago-sex-discrimination-lawyer.html) at North Suburban Legal Services by calling [312-909-6089](tel:13129096089) to [receive your free consultation](https://nslslaw.com/contact-us.html) and discussion of options. Our firm serves clients throughout Chicago and fights for fair treatment in the workplace. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Sexual Harassment Lawyer --- ### [Can You Be Fired for Reporting Illegal Activities in Illinois?](https://nslslaw.com/can-you-be-fired-for-reporting-illegal-activities-in-illinois/) **Published:** April 1, 2025 **Author:** admin **Content:** ## Understanding Retaliatory Discharge In Illinois Employees should never have to choose between doing the right thing and keeping their jobs. Unfortunately, some employers retaliate against workers who report illegal activity, workplace violations, or unethical conduct. This form of retaliation is known as retaliatory discharge, and both federal and Illinois laws provide protections for whistleblowers. In Illinois, employers cannot fire an employee for reporting unlawful activity. Under the Illinois Whistleblower Act ([740 ILCS 174](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2495)), it is illegal for an employer to take adverse action against an employee for disclosing information about a violation of state or federal law. Similarly, federal laws such as the Sarbanes-Oxley Act and the Occupational Safety and Health Act (OSHA) provide protection for employees who report workplace safety violations, financial fraud, or other illegal actions. Despite these protections, wrongful terminations still happen. If you have been fired for reporting illegal conduct, fraud, workplace safety violations, or unethical business practices, you may have grounds for a retaliatory discharge lawsuit. ## What Types Of Activities Are Protected Under Illinois Whistleblower Laws? Employees are protected from retaliation when they report a wide range of illegal or unethical activities, including but not limited to: - Workplace discrimination or harassment - Fraudulent financial activities - Violations of wage and hour laws - OSHA violations or unsafe working conditions - Healthcare fraud or patient safety violations - Environmental law violations - Criminal activity, such as theft or embezzlement The [Illinois Whistleblower Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2495) states that an employer cannot retaliate against an employee for disclosing information that they reasonably believe is a violation of the law. Additionally, under 740 ILCS 174/20, an employer cannot enforce any policy or rule that prevents employees from reporting illegal conduct to law enforcement or regulatory agencies. ## What Constitutes Retaliation? Retaliation can take many forms beyond outright termination. Employers often attempt to punish whistleblowers through other adverse employment actions, including: - Demotion or pay reduction - Unjustified negative performance reviews - Harassment or intimidation - Unwarranted disciplinary actions - Transfers to less favorable job assignments - Creating a hostile work environment If an employee suffers any form of retaliation after reporting illegal activity, they have legal rights under state and federal whistleblower laws. ## Filing A Retaliatory Discharge Claim In Illinois If an employee is wrongfully terminated for reporting illegal activities, they may file a retaliatory discharge lawsuit. Under Illinois law, employees must demonstrate the following elements: 1. They were engaged in a protected activity (such as reporting unlawful behavior to authorities). 2. The employer took an adverse action against them, such as firing or demoting them. 3. There is a direct connection between the report and the adverse employment action. Illinois courts have upheld retaliatory discharge claims in cases where employees were terminated for reporting violations of public policy. If an employee prevails in their lawsuit, they may be entitled to: - 1. Reinstatement to their former job - 2. Back pay and lost wages - 3. Compensation for emotional distress - 4. Punitive damages in cases of willful misconduct Under Title VII of the Civil Rights Act, additional federal protections exist for employees who report discrimination, harassment, or civil rights violations in the workplace. ## Workplace Retaliation FAQs ### What Should I Do If I Suspect My Employer Is Retaliating Against Me? If you believe your employer is retaliating against you for reporting illegal activity, document everything. Keep records of any emails, performance evaluations, disciplinary actions, or witness statements that may support your claim. Additionally, consider consulting an employment attorney as soon as possible. ### Can My Employer Fire Me If I Report A Violation Anonymously? Even if a report is made anonymously, an employer may still retaliate if they suspect an employee was responsible. However, retaliation remains illegal regardless of whether the employer has direct proof of the complaint’s origin. Employees should take steps to protect themselves by keeping detailed records and seeking legal advice if necessary. ### How Long Do I Have To File A Claim For Retaliatory Discharge? The time limit, or statute of limitations, varies depending on the type of claim. Under Illinois state law, most wrongful termination claims must be filed within five years. However, some federal whistleblower claims have much shorter deadlines, as little as 180 days in some cases. Consulting an attorney promptly is the best way to ensure compliance with all legal deadlines. ### Do I Need Direct Evidence To Prove My Employer Fired Me For Reporting Illegal Activity? Not necessarily. Circumstantial evidence can be enough to prove retaliation. For example, if an employee reported illegal conduct and was fired shortly thereafter without any other justification, that timing may be used as evidence of retaliation. ### Can My Employer Retaliate Against Me If My Report Turns Out To Be Incorrect? No. An employee is not required to prove that illegal activity actually occurred—only that they had a reasonable belief that a violation took place. Under the Illinois Whistleblower Act, retaliation is prohibited even if an investigation later determines that no wrongdoing occurred. ### Are Independent Contractors Protected Under Illinois Whistleblower Laws? The Illinois Whistleblower Act primarily protects employees, but some federal laws, such as the False Claims Act, provide limited protections for independent contractors who report fraud against the government. An employment attorney can review whether protections apply in a specific case. ## Call Our Chicago Wrongful Termination Attorneys For Your Free Consultation If you believe you have been fired or retaliated against for reporting illegal activity, you do not have to face this battle alone. At North Suburban Legal Services, we fight to protect employees from unlawful retaliation and help them recover the compensation they deserve. To [receive a free consultation](https://nslslaw.com/contact-us.html) with our [Chicago wrongful termination lawyers](https://nslslaw.com/practice-areas/employment.html), contact North Suburban Legal Services at [312-909-6089](tel:13129096089). We represent clients throughout Chicago and are committed to holding employers accountable for workplace violations. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Wrongful Termination Attorney --- ### [How To Find An Unemployment Lawyer That Represents Employers in Illinois](https://nslslaw.com/how-to-find-an-unemployment-lawyer-that-represents-employers-in-illinois/) **Published:** January 4, 2024 **Author:** admin **Content:** ## Illinois Unemployment Law Understanding the intricacies of unemployment law in Illinois can pose a significant challenge for employers. Employment law, intricate and ever-evolving, governs issues related to employee termination and unemployment benefits. At its core, [Illinois unemployment law](https://ides.illinois.gov/unemployment/resources/benefits-rights.html) is designed to provide temporary financial assistance to workers who have lost their jobs through no fault of their own while also balancing the interests and rights of employers. However, understanding these laws can be tricky, as they often involve intricate legal interpretations and may face legal challenges. Therefore, employers must understand their rights and duties according to federal and Illinois state laws. The value of legal representation in this field cannot be overstated, especially for employers. An experienced unemployment lawyer can offer invaluable guidance, ensuring compliance with state regulations and helping to navigate the often complex administrative processes associated with unemployment claims. Legal counsel becomes particularly crucial when the reasons for an employee’s termination might be contested or when the employer’s policies and their alignment with state laws are under question. With proper legal advice, employers might avoid violating state laws, leading to costly legal disputes and potential damage to their reputation. There are several scenarios in which an employer in Illinois might need an unemployment lawyer. One common situation is when an employee files for unemployment benefits following termination, and the employer needs to respond to the claim. This process involves legal nuances, where the employer must provide a legally valid reason for the termination to challenge the claim. Another scenario could include disputes over whether an employee left voluntarily or was discharged for cause, which can significantly impact eligibility for unemployment benefits. Employers may also require legal assistance when dealing with complex cases involving misconduct, severance agreements, or when they face claims of wrongful termination in connection to unemployment claims. ## Qualities Employers Should Look For In An Unemployment Lawyer When searching for an unemployment lawyer in Illinois, employers must be cognizant of specific qualities that are indicative of a proficient legal professional in this field. Employment law is complicated, so you need a lawyer who knows the law well and has real-world experience dealing with its complexities. ### Experience in Illinois Employment Law and Unemployment Claims The cornerstone of a competent unemployment lawyer is their experience in Illinois employment law. This practice focus is crucial because state laws can differ significantly from federal regulations and from those in other states. A lawyer with a firm grounding in Illinois law will be intimately familiar with the [Illinois Unemployment Insurance Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2434) and related statutes, understanding how they apply to various employment scenarios. This experience enables the lawyer to offer tailored advice that considers the specific legal context of Illinois, ensuring that employers’ actions comply with state-specific requirements. ### Experience with Representing Employers Experience in representing employers is another critical quality to seek. Lawyers who have a history of working with employers can offer insights and strategies honed through real-world applications. They understand the challenges and priorities that businesses face, from safeguarding their interests in unemployment claims to managing risk in their employment practices. This experience is invaluable in guiding employers through the procedural nuances of responding to unemployment claims and in representing them effectively in hearings and appeals. An attorney who has navigated similar terrains can anticipate potential pitfalls and advise on the most effective course of action. ### Strong Communication and Negotiation Skills Strong communication and negotiation skills are essential attributes of an effective unemployment lawyer. These skills are pivotal when dealing with various stakeholders, including employees, unemployment agencies, and courts. A lawyer who communicates clearly and persuasively can effectively convey the employer’s position, articulate legal arguments, and explain complex legal concepts in an understandable manner. In negotiations, whether it’s in settlement discussions or in mediating disputes, the ability to negotiate skillfully can lead to favorable outcomes, preserving the employer’s interests while potentially avoiding protracted litigation. ### Proven Track Record With Similar Cases Lastly, a proven track record with similar cases offers tangible evidence of a lawyer’s capabilities. Employers should seek out lawyers who have a history of successfully handling unemployment claims and disputes. This track record is often a reliable indicator of the lawyer’s ability to navigate the legal system effectively and achieve results that align with their client’s objectives. Testimonials, case studies, or even references from past clients can provide insights into the lawyer’s success in similar scenarios and their overall effectiveness as a legal advocate for employers. Selecting the right unemployment lawyer in Illinois requires careful consideration of these key qualities. An attorney’s experience in Illinois employment law, experience in representing employers, strong communication and negotiation skills, and a proven track record are fundamental to ensuring effective legal representation. Employers equipped with a lawyer who embodies these attributes can navigate the complexities of unemployment claims with greater confidence and efficacy, ensuring their interests are well-represented and protected. ## How to Search For An Unemployment Lawyer in Illinois Finding the right unemployment lawyer in Illinois is a critical step for employers seeking to navigate the intricacies of employment law. The process involves a combination of utilizing modern digital tools and leveraging professional networks. Here, we explore the most effective methods for locating a lawyer who can adeptly represent an employer’s interests in unemployment cases. ### Utilize Online Legal Directories Specific to Illinois One of the most efficient starting points in this search is the use of online legal directories that focus specifically on Illinois. These directories offer a centralized platform where employers can browse through listings of lawyers categorized by their areas of practice, including unemployment law. Websites like FindLaw, Avvo, and the Martindale-Hubbell Law Directory provide: - Comprehensive profiles of attorneys. - Detailing their educational background. - Areas of practice. - Sometimes these directories have peer reviews and ratings. These platforms often include filters to narrow down searches to specific cities or regions within Illinois, making it easier for employers to find local legal experience. ### Seek Recommendations From Business Networks or Professional Associations Networking within business circles and professional associations can also be a valuable resource. Colleagues and associates who have faced similar legal challenges can offer personal recommendations based on their experiences. This approach provides an added layer of trust, as the recommendations come from direct experiences. Furthermore, professional associations, particularly those related to business or human resources, may have listings or can offer referrals to lawyers who practice unemployment law and with a reputation for effectively representing employers. ### Research and Review Law Firms’ Websites for Relevant Experience and Client Testimonials Another crucial step is researching and reviewing the websites of law firms. Most law firms provide detailed information about their services, areas of practice, and the backgrounds of their lawyers. Employers should pay special attention to those who highlight experience in representing businesses in unemployment cases. Additionally, client testimonials and case studies featured on these websites can offer insights into the lawyers’ approach and success in handling similar cases. These testimonials can be a valuable resource in assessing the firm’s ability to meet the specific needs of an employer dealing with unemployment law issues. ### The Role Of The Illinois State Bar Association In Finding Qualified Legal Professionals Finally, the [Illinois State Bar Association (ISBA)](https://www.isba.org/) plays a significant role in helping employers find qualified legal professionals. The ISBA offers resources such as lawyer referral services and legal directories. Through the ISBA, employers can access a vetted list of attorneys who are in good standing and have been acknowledged for their experience in specific areas of law, including unemployment law. This service provides an additional layer of assurance, as a professional body recognizes the lawyers listed for their legal acumen and ethical standards. ## Evaluating Potential Law Firms Once employers in Illinois have identified potential unemployment lawyers, the next crucial step is evaluation. This phase involves scrutinizing the lawyers’ capabilities and fit for the employer’s specific needs through initial consultations and strategic inquiries. This careful evaluation process ensures that the chosen lawyer not only has the requisite experience but also aligns well with the employer’s expectations and business ethos. ### What To Look for During Initial Consultations Initial consultations are pivotal in the evaluation process. They offer a firsthand opportunity to gauge the lawyer’s professionalism, approachability, and communication style. Employers should observe how well the lawyer listens and responds to their queries. It’s also important to note how the lawyer explains legal concepts – are they clear and understandable or laden with jargon? The lawyer’s demeanor during this consultation can be a strong indicator of their client engagement style and how they might handle representation in more stressful or complex scenarios. ### Assess Their Understanding Of Your Specific Situation And Business Needs A key element in evaluating a potential lawyer is assessing their understanding of the employer’s specific situation and business needs. This assessment goes beyond mere legal experience; it involves gauging the lawyer’s ability to tailor their legal strategy to fit the unique context of the business. Employers should discuss their specific challenges, objectives, and expectations. A competent lawyer should demonstrate not only an understanding of these aspects but also an ability to integrate them into their legal approach. ### Consider Their Availability and Responsiveness Finally, the availability and responsiveness of a lawyer are crucial factors, especially in the dynamic realm of employment law. Employers should consider how accessible the lawyer is – are they easy to reach by phone or email? How quickly do they respond to inquiries? The lawyer’s availability can be a significant factor, particularly in scenarios where timely advice and action are required. A responsive lawyer can make a substantial difference in how effectively and swiftly legal issues are addressed and resolved. Choosing the right legal representation in unemployment matters is a critical decision for employers in Illinois. The process, starting from identifying potential lawyers to making the final decision, requires diligence, careful consideration, and a strategic approach. Employers are encouraged to take a proactive stance in these legal matters, recognizing that the right lawyer can not only guide them through complex legal landscapes but also safeguard their business interests. The key to finding a quality [Illinois unemployment lawyer for employers](https://nslslaw.com/) represents more than just a search for legal experience; it’s about finding a legal partner who aligns with the business’s values and objectives. Employers should undertake this process with the seriousness it deserves, as the outcomes of unemployment claims can have significant implications for their business. With the right legal partner, employers can navigate these challenges with confidence and clarity, ensuring they are well-prepared to handle any unemployment-related legal issues that arise. ### Call Our Illinois Unemployment Lawyer for Employers Contact our [Illinois unemployment lawyer](https://nslslaw.com/practice-areas/employment.html) if your company is facing legal action from a current or former employee. The attorneys at North Suburban Legal Services are ready to evaluate your case and discuss your legal options. Call our office today at [312-909-6089](tel:13129096089). ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Unemployment Lawyer --- ### [How To Pay Employees Cash Legally](https://nslslaw.com/how-to-pay-employees-cash-legally/) **Published:** January 15, 2024 **Author:** admin **Content:** Cash payments to employees are transactions where compensation for services is provided in the form of physical currency, as opposed to checks, direct deposits, or other electronic means. While less common in the modern digital era, this payment method is still utilized by some employers for its simplicity and immediacy. However, paying employees in cash carries unique responsibilities and requires a thorough understanding of applicable laws to ensure compliance. In Illinois, as in other states, employers opting for cash payments must navigate a complex landscape of legal requirements. These include adhering to [federal and state tax laws](https://nslslaw.com/paying-employees-in-cash-in-illinois-an-overview-of-payroll-tax-considerations.html/), employment regulations, and recordkeeping mandates. Illinois law doesn’t prohibit cash payments to employees but imposes conditions to guarantee transparency, accountability, and the protection of employee rights. Compliance with both federal and state laws is crucial when paying employees in cash. Non-compliance can lead to severe penalties, including fines and legal action. More importantly, adherence to these laws ensures fair treatment of employees, proper tax collection and remittance, and the overall integrity of the employment relationship. It reflects an employer’s commitment to ethical business practices and respect for the legal framework governing employment. ## Understanding the Legal Framework ### Federal Employment Laws 1. **Fair Labor Standards Act (FLSA) –** The FLSA is a cornerstone of federal employment law, establishing minimum wage, overtime pay eligibility, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments. Under the FLSA, employers are required to keep accurate records of hours worked and wages paid, irrespective of whether the payment is made in cash or through other means. 2. **Tax Withholding Requirements –** Employers must withhold federal income tax, Social Security, and Medicare taxes from their employees’ wages, regardless of the payment method. When paying in cash, meticulous recordkeeping becomes even more crucial to ensure accurate tax withholding and remittance. Employers are also required to file employment tax returns and provide employees with W-2 forms annually, which detail the amount of taxes withheld from their wages. ### Illinois State Employment Laws 1. Illinois Wage Payment and Collection Act – This Act regulates the payment of wages to employees in Illinois. It mandates that all wages, including those paid in cash, must be paid at regular intervals, not exceeding 13 days. Employers must maintain precise records of the wages paid and hours worked. The [Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2402&ChapterID=68) also requires employers to provide employees with a detailed statement of deductions made from their wages for each pay period. 2. Minimum Wage and Overtime Regulations – Illinois has its own minimum wage and overtime laws, which often exceed federal standards. Employers must adhere to these rates when compensating employees, including those paid in cash. Additionally, the state mandates that non-exempt employees must be paid overtime at [one and a half times their regular rate of pay](https://labor.illinois.gov/faqs/minimum-wage-overtime-faq.html) for hours worked beyond the standard 40-hour work week. Paying employees in cash in Illinois is legally permissible but requires strict adherence to a myriad of federal and state laws. Understanding and complying with these regulations is paramount to operating lawfully and ethically, ensuring the rights and well-being of both employees and employers are safeguarded. Our [experienced payroll tax attorneys](https://nslslaw.com/practice-areas/tax/payroll-tax-lawyers.html) can assist you in regulatory compliance. ## Setting Up a Legal Cash Payment System When paying employees in cash in Illinois, establishing a legal and compliant cash payment system is crucial. This system is not only a foundational aspect of payroll management but also a critical component for meeting federal and state regulatory requirements. ### Employer Identification Number (EIN) The first step in setting up a lawful cash payment system is obtaining an Employer Identification Number (EIN) from the Internal Revenue Service (IRS). The EIN is a social security number for businesses and is required for reporting taxes and other documents to the IRS. It’s an essential identifier for your company, particularly when remitting employee taxes. This number is not just a formality; it’s a crucial part of legitimizing your business in the eyes of the law and ensuring that all tax-related matters are appropriately handled. ### Employee Documentation 1. **Form W-4 and I-9 –** Compliance with employment regulations begins the moment you hire a new employee. Each employee must complete IRS Form W-4, which determines the amount of federal income tax to withhold from their wages. In 2020, the IRS introduced a new version of the W-4 form that simplifies the withholding system, making it more straightforward for employees paid in cash. Additionally, Form I-9 is mandatory for all U.S. employers to verify the identity and employment authorization of their employees. Both forms are fundamental in ensuring that employees are legally eligible to work and that taxes are correctly withheld and remitted. 2. **Verification of Employee Eligibility –** Verifying an employee’s eligibility to work in the United States is a legal requirement. This process involves reviewing and recording the employee’s identification documents as listed on Form I-9. It’s not just a bureaucratic step; it plays a critical role in maintaining a lawful workforce and protecting your business from potential legal repercussions associated with employing unauthorized workers. ### Recordkeeping Requirements 1. **Timekeeping –** When paying employees in cash, rigorous timekeeping is vital. Accurate records of hours worked are necessary to calculate wages, especially for overtime. This is not only a compliance issue but also a matter of fairness and transparency in compensating employees for their labor. Employers should implement a reliable system for tracking employee hours, whether it’s through manual logs, digital time clocks, or software solutions. 2. **Payroll Records –** Maintaining detailed payroll records is another crucial aspect. These records should include the amount paid each pay period, the hours worked, deductions made, and dates of payment. This level of detail is necessary for both internal accountability and compliance with state and federal laws. It’s important to note that these records must be kept for a minimum period as required by law (typically at least three years). These records not only serve as proof of compliance with wage laws but are also invaluable in the event of audits or disputes. In essence, setting up a legal cash payment system in Illinois requires careful attention to federal and state regulations. From obtaining an EIN to meticulously documenting employee information and maintaining accurate records, each step is integral to ensuring that your business remains compliant and your employees are fairly compensated. This system helps meet legal obligations and establishes a foundation of trust and integrity within your business operations. ## Processing Cash Payments In Illinois, processing cash payments to employees requires meticulous attention to various components, including calculating wages, deducting appropriate taxes, and providing pay stubs. This process is integral to maintaining legal compliance and ensuring fairness and transparency in the employer-employee relationship. ### Calculating Wages and Overtime The initial step in processing cash payments is the accurate calculation of wages and overtime. This involves adhering to the state’s minimum wage laws and the Fair Labor Standards Act (FLSA) for federal requirements. Illinois, known for often having higher minimum wage rates than the federal standard, necessitates careful monitoring of these rates. Overtime calculation is another critical aspect. Non-exempt employees in Illinois are entitled to overtime pay at one and a half times their regular rate for hours worked over 40 in a workweek. For cash payments, it is essential to diligently track hours worked to ensure the correct computation of both regular wages and overtime. ### Deducting Taxes and Other Withholdings 1. **Federal Income Tax –** Employers must withhold federal income tax from their employees’ wages. The amount to withhold is determined based on the information the employee provides on Form W-4. It’s a variable amount, influenced by the employee’s earnings, tax filing status, and other factors. When paying in cash, it’s crucial to accurately calculate and withhold the appropriate amount of federal income tax to avoid underpayment or overpayment. 2. **State Income Tax –** In addition to federal income tax, Illinois also requires withholding of state income tax from employees’ wages. The state income tax rate in Illinois is fixed, making it somewhat simpler to calculate compared to the federal tax. However, accuracy in withholding the correct amount is equally important to comply with state tax laws. 3. **Social Security and Medicare (FICA) –** Employers are responsible for withholding Social Security and Medicare taxes, collectively known as FICA taxes, from their employees’ wages. These taxes are a fixed percentage of the employee’s gross pay. When paying in cash, employers must ensure that the correct amount of FICA taxes is withheld and subsequently remitted to the IRS. ### Providing Pay Stubs 1. **Required Information –** Even when paying employees in cash, Illinois law requires employers to provide pay stubs. These stubs must include specific information such as the employee’s name, the total hours worked (if relevant), the pay rate, gross wages for the period, a breakdown of deductions, and net wages. The provision of pay stubs is a critical element in maintaining transparency in the payroll process. 2. **Electronic vs. Physical Copies –** Employers in Illinois can provide pay stubs either electronically or as physical copies. If opting for electronic pay stubs, employers must ensure that employees have convenient and private access to them. Regardless of the format, the goal is to ensure that employees have a clear and accessible record of their compensation details for each pay period. Processing cash payments in Illinois demands a careful balance of accuracy, legal compliance, and transparency. From calculating wages and overtime correctly to deducting and remitting various taxes, each step plays a crucial role in the integrity of the payroll process. Providing detailed pay stubs, whether electronically or in physical form, further solidifies this transparency, offering employees clear insight into their compensation and deductions. ## Reporting and Compliance ### Quarterly and Annual Tax Filings 1. **Form 941 for Federal Taxes:** Employers in Illinois must regularly file Form 941 with the IRS. This form is used to report income taxes, Social Security taxes, or Medicare taxes withheld from employees’ paychecks. Additionally, Form 941 is used to pay the employer’s portion of Social Security or Medicare tax. Filing this form quarterly is a critical part of federal tax compliance, ensuring that all withholdings from cash payments are accurately reported and remitted. 2. **Illinois State Tax Filings:** Beyond federal obligations, employers must also adhere to state-specific tax filing requirements. In Illinois, this involves submitting state tax withholdings to the Illinois Department of Revenue. These filings are typically done quarterly, aligning with the federal tax filing schedule. This process ensures that the state receives its due portion of employee earnings, and careful attention must be paid to ensure accuracy and timeliness in these submissions. ### Compliance with Anti-Money Laundering Laws Employers paying in cash must be particularly vigilant about anti-money laundering laws. Cash transactions can be scrutinized under these laws, making it imperative for employers to maintain transparent and traceable financial practices. Proper documentation and adherence to the reporting standards for large cash transactions are crucial in demonstrating the legitimacy of the cash payroll system and avoiding suspicion of money laundering activities. ### Avoiding Penalties and Legal Issues Strict compliance with tax laws, labor regulations, and anti-money laundering legislation is essential in avoiding penalties and legal issues. Non-compliance can result in significant fines, legal consequences, and damage to the business’s reputation. Employers must stay informed and diligent in their payroll practices, especially when handling cash transactions, to uphold legal and ethical standards. While paying employees in cash is a viable option in Illinois, it demands diligence, transparency, and a steadfast commitment to legal and ethical standards. By adhering to these principles, employers can successfully navigate the challenges of cash payroll systems, ensuring fairness for their employees and legal compliance for their business. ### Contact Our Chicago Payroll Tax Lawyers Failure to pay payroll taxes may be deemed an act of tax evasion. This is a criminal charge that can lead to penalties like jail time and asset seizure. An employer may also face civil penalties for failing to pay their payroll taxes, such as tax liens and levies. In any case, where an employer is facing one or more of these penalties, it is in their best interest to work with an experienced tax lawyer to determine all of their legal options and which is best suited to their case. If you are considering paying your employees in cash, contact our [Chicago payroll tax lawyer](https://nslslaw.com/practice-areas/tax/payroll-tax-lawyers.html) at North Suburban Legal Services at [(312) 909-6089](tel:13129096089) for a consultation. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Payroll Tax Lawyer --- ### [How To Prove Age Discrimination In The Workplace](https://nslslaw.com/how-to-prove-age-discrimination-in-the-workplace/) **Published:** February 6, 2024 **Author:** admin **Content:** Age discrimination in the workplace is a serious issue that affects many individuals, especially those in the later stages of their careers. In Illinois, as in other states, [laws exist to protect employees from discrimination based on their age](https://www.chicago.gov/content/dam/city/depts/cchr/AdjSupportingInfo/AdjFORMS/2016AdjForms/2016AgeDiscriminationInTheWorkplace.pdf). If you believe you have been a victim of age discrimination, it’s crucial to understand the steps to prove your case and protect your rights under federal and state laws. ## Age Discrimination Laws in Illinois Before delving into how to prove age discrimination, it’s essential to be familiar with the relevant laws in Illinois. The [Age Discrimination in Employment Act (ADEA)](https://www.dol.gov/general/topic/discrimination/agedisc#:~:text=The%20Age%20Discrimination%20in%20Employment,conditions%20or%20privileges%20of%20employment.) is the primary federal law that addresses age discrimination. This law prohibits employers with 20 or more employees from discriminating against individuals aged 40 and above. In addition to the ADEA, Illinois has its own anti-discrimination laws that provide additional protections. The [Illinois Human Rights Act (IHRA)](https://dhr.illinois.gov/#:~:text=The%20Illinois%20Department%20of%20Human,as%20sexual%20harassment%20in%20education.) covers age discrimination, among other forms of discrimination. Unlike the ADEA, the IHRA applies to employers with only one or more employees, offering broader protection. Employees in Illinois can file complaints under both federal and state laws, but it’s crucial to understand the specific requirements and procedures for each. ## Proving Age Discrimination in the Workplace To build a strong case, document any incidents or actions suggesting age discrimination. This includes recording dates, times, locations, individuals involved, and any relevant conversations or emails. If you notice patterns of behavior or discriminatory comments, make sure to document these as well. ### Gather Witness Statements Witnesses can provide valuable support for your case. If colleagues, supervisors, or other employees have witnessed acts of age discrimination, ask them if they are willing to provide statements or testify on your behalf. Their testimony can corroborate your claims and strengthen your case. ### Keep Employment Records Maintain copies of performance evaluations, promotions, demotions, job assignments, and any other employment-related records. Discrepancies or inconsistencies in these records may be indicative of age discrimination. Having a complete history of your employment can help demonstrate that you were treated differently due to your age. ## Filing an Age Discrimination Complaint Navigating the complexities of age discrimination cases can be challenging. Consulting an experienced employment attorney who handles age discrimination cases is crucial. An attorney can help you understand your rights, assess the strength of your case, and guide you through the legal process. You must file a complaint with the appropriate agency to initiate legal action. You can choose to file with either the Equal Employment Opportunity Commission (EEOC), the Illinois Department of Human Rights (IDHR), or both. It’s important to meet their deadlines and follow their specific procedures. To prove age discrimination, you must establish a prima facie case, which typically includes demonstrating that: - You are 40 years of age or older. - You were qualified for your position or job. - You suffered an adverse employment action (e.g., termination, demotion, or failure to promote). - A younger employee with similar qualifications and job responsibilities was treated more favorably. - You are 40 years of age or older. - You were qualified for your position or job. - You suffered an adverse employment action (e.g., termination, demotion, or failure to promote). - A younger employee with similar qualifications and job responsibilities was treated more favorably. Once you’ve established a prima facie case, it’s essential to present evidence that suggests the adverse employment action was motivated by age discrimination. This may involve providing additional documentation, witness statements, or other evidence supporting your claims. In some cases, employers may be willing to settle age discrimination claims to avoid costly litigation. Your attorney can help negotiate a fair settlement on your behalf if it aligns with your goals and interests. Proving age discrimination in the workplace in Illinois can be a complex and challenging process, but with the right documentation, legal counsel, and persistence, it’s possible to protect your rights and seek justice. If you believe you’ve been a victim of age discrimination, taking the appropriate steps outlined in this article can help you build a strong case and pursue the compensation you deserve. Remember that consulting with an experienced attorney is a crucial part of this process, as they can provide you with tailored guidance and representation throughout your legal journey. ## Call Our Chicago Age Discrimination Lawyer For Legal Justice Are you facing employment discrimination in Chicago? North Suburban Legal Services is here to help! Call our Chicago age discrimination lawyer today at [312-909-6089](tel:13129096089) for your [free initial consultation](https://nslslaw.com/contact-us.html). Don’t let discrimination go unchallenged – take action now, and let us fight for justice on your behalf! ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Age Discrimination Lawyer --- ### [What Constitutes An Unlawful Firing?](https://nslslaw.com/what-constitutes-an-unlawful-firing/) **Published:** March 3, 2025 **Author:** admin **Content:** Losing a job is a difficult experience, but not every firing is illegal. Illinois follows an at-will employment doctrine, which means that employers generally have the right to terminate employees for any reason or no reason at all as long as it does not violate state or federal laws. However, if an employee is fired for reasons that infringe on protected rights, the termination may be unlawful. Federal laws such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act provide protection against discriminatory firings. In Illinois, employees have additional safeguards under laws such as the Illinois Human Rights Act and the Illinois Whistleblower Act. ## Types Of Unlawful Termination ### Retaliatory Discharge Illinois law prohibits employers from firing employees in retaliation for engaging in legally protected activities. Under the Illinois Whistleblower Act, employers cannot terminate employees for reporting illegal conduct or participating in an investigation. Similarly, the [Occupational Safety and Health Act](https://www.osha.gov/laws-regs/oshact/completeoshact) (OSHA) protects employees from retaliation when they report workplace safety violations. ### Discrimination-Based Termination Employers cannot terminate employees based on race, gender, religion, age, national origin, disability, or pregnancy. Under [Title VII of the Civil Rights Ac](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964)t and the [Illinois Human Rights Act](https://hrc.illinois.gov/rights.html), employees are protected against workplace discrimination. If a termination is based on protected characteristics, the employee may have grounds for a wrongful termination claim. ### Violation Of Public Policy An employer cannot fire an employee for exercising legal rights or fulfilling civic duties. This includes: - Serving on a jury - Filing a workers’ compensation claim (under the Illinois Workers’ Compensation Act (820 ILCS 305/1 et seq.)) - Taking leave under the Family and Medical Leave Act (FMLA) (29 U.S.C. §2601 et seq.) - Refusing to engage in illegal activities requested by the employer ### Breach Of Employment Contract Employees who have written contracts or implied agreements with their employers may not be legally terminated without cause. If an employer violates the terms of an employment contract, the employee may have a wrongful termination claim. Courts may also recognize implied contracts based on company policies and employee handbooks. ### Constructive Discharge Even when an employee is not explicitly fired, an employer may create working conditions so intolerable that the employee is effectively forced to resign. This is known as constructive discharge, and it can be grounds for a legal claim if the resignation was the result of discrimination, retaliation, or unlawful employer conduct. ## Filing A Claim For Wrongful Termination Employees who believe they were wrongfully terminated have options for seeking justice. Potential steps include: - Filing a complaint with the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR). - Gathering documentation such as emails, witness statements, and performance reviews to support their claim. - Consulting an attorney to determine whether they have a valid claim under Illinois or federal law. ## Wrongful Termination FAQs ### What Should I Do If I Believe I Was Wrongfully Terminated? If you suspect your firing was unlawful, document all interactions with your employer, collect evidence of retaliation or discrimination, and consult a retaliatory discharge attorney to review your legal options. ### Can My Employer Fire Me For Reporting Illegal Activity? No. Under the Illinois Whistleblower Act, employers cannot terminate or retaliate against employees for reporting illegal activities to authorities. ### Is It Illegal To Fire An Employee Based On Medical Conditions? Yes. The Americans with Disabilities Act (ADA) and the Illinois Human Rights Act protect employees from termination based on disabilities or medical conditions. ### How Do I Prove That My Firing Was Unlawful? You will need documentation such as termination letters, emails, witness testimony, and employer policies that demonstrate your firing was based on unlawful reasons. ### What Are My Legal Options If I Was Fired For Filing A Workers’ Compensation Claim? You may be able to file a lawsuit under the Illinois Workers’ Compensation Act, which prohibits employers from retaliating against employees for exercising their right to benefits. ### Can An Employer Fire Me For Taking Medical Leave? No. If you qualify for Family and Medical Leave Act (FMLA) protection, your employer cannot legally terminate you for taking time off due to illness, injury, or caregiving responsibilities. ### How Long Do I Have To File A Wrongful Termination Lawsuit In Illinois? The statute of limitations varies based on the type of claim. In many cases, employees must file claims within 180 days with the EEOC or 300 days with the Illinois Department of Human Rights. Consulting an attorney will ensure your case meets all legal deadlines. ## Call North Suburban Legal Services For A Free Consultation If you believe your employer wrongfully terminated you in violation of Illinois or federal law, you need strong legal representation. At North Suburban Legal Services, we fight for employees who have suffered retaliatory discharge and wrongful termination. Contact our [Chicago wrongful termination lawyers](https://nslslaw.com/chicago-wrongful-termination-attorney.html) at the North Suburban Legal Services at [312-909-6089](tel:13129096089) for your [free initial consultation](https://nslslaw.com/contact-us.html). We proudly serve clients throughout Chicago and the surrounding areas. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Wrongful Termination Lawyer --- ### [Can Employers Impose Dress Code Policies That Violate Religious Beliefs in Chicago?](https://nslslaw.com/can-employers-impose-dress-code-policies-that-violate-religious-beliefs-in-chicago/) **Published:** January 13, 2025 **Author:** admin **Content:** Dress code policies in the workplace often aim to create a professional or uniform appearance, but they can also lead to conflicts when they interfere with an employee’s religious practices. Federal and Illinois laws protect employees from discrimination based on religion, including practices such as wearing specific clothing or symbols tied to religious beliefs. If a dress code policy restricts your ability to express your faith, you have legal rights that employers must respect. In Chicago, cases involving religious discrimination are not uncommon. For example, disputes may arise when a policy prohibits headscarves, turbans, or other attire that holds religious significance. Employers are required by law to provide reasonable accommodations unless doing so would cause undue hardship to their business operations. ## Legal Protections Against Religious Discrimination **Federal Protections –** Under [Title VII of the Civil Rights Act of 1964](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964), employers are prohibited from discriminating against employees based on their religion. This includes policies that negatively impact an individual’s ability to observe religious practices, such as dress codes. Title VII requires employers to make reasonable accommodations for an employee’s religious beliefs unless doing so would impose an undue hardship on the business. **Illinois Protections –** Illinois law mirrors federal protections but also includes additional safeguards. Under the Illinois Human Rights Act ([775 ILCS 5/1-102](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=077500050K1-102)), discrimination based on religion is explicitly prohibited. This law applies to employers with 15 or more employees and mandates that workplaces provide accommodations for religious practices, including attire, as long as they do not cause undue hardship. ## Defining Reasonable Accommodations And Undue Hardship Reasonable accommodations are adjustments that allow an employee to practice their religion while working at their job. This could mean allowing headscarves, religious jewelry, or other attire associated with an individual’s faith. For example: - Permitting a Sikh employee to wear a turban. - Allowing a Muslim employee to wear a hijab. - Accommodating an Orthodox Jewish employee who wears specific attire. However, employers are not obligated to make accommodations if they can demonstrate that doing so would cause undue hardship. Undue hardship refers to significant difficulty or expense relative to the size and resources of the employer. Undue hardships might include safety risks, significant costs, or interference with the operation of the business. ## Challenging Discriminatory Dress Code Policies If an employer imposes a dress code that violates your religious beliefs, you have the right to challenge it. To do so, consider the following steps: 1. **Communicate With Your Employer –** Explain your religious practices and request a reasonable accommodation. Employers are often willing to work with employees to find a solution. 2. **Document Everything –** Keep a record of communications with your employer, including emails, meeting notes, and any written policies that conflict with your religious practices. 3. **File A Complaint –** If your employer refuses to accommodate your religious beliefs or retaliates against you for requesting an accommodation, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR). 4. **Seek Legal Assistance –** An experienced attorney can help you navigate the legal process, gather evidence, and ensure your rights are protected under federal and Illinois laws. Employers who violate state or federal religious discrimination laws can face significant consequences, including fines, penalties, and legal action. Employees who successfully prove discrimination may be entitled to remedies such as reinstatement, back pay, compensation for emotional distress, and punitive damages. ## Religious Discrimination Frequently Asked Questions ### What Constitutes Religious Discrimination Under Illinois Law? Religious discrimination occurs when an employer treats an employee unfavorably because of their religious beliefs or practices. This includes failing to provide reasonable accommodations for religious attire or practices, as outlined in the Illinois Human Rights Act. ### What Should I Do If My Employer Denies My Request For A Religious Accommodation? If your employer denies your request, you should document the denial and any supporting evidence. You can file a complaint with the EEOC or the IDHR and consult an attorney to determine the best course of action to protect your rights. ### Can An Employer Refuse To Accommodate Religious Attire For Safety Reasons? Yes, employers can refuse accommodations if they can demonstrate that the accommodation would pose a safety risk. However, they must provide evidence of the undue hardship caused by the accommodation. For example, if a specific piece of religious attire violates workplace safety regulations, the employer must show that no reasonable alternative exists. ### How Do I File A Complaint For Religious Discrimination In Chicago? To file a complaint, you can contact the EEOC or the IDHR. The process typically involves submitting a written charge of discrimination and providing evidence to support your claim. An attorney can guide you through the filing process and help build a strong case. ### What Remedies Are Available If I Win A Religious Discrimination Case? Remedies for religious discrimination can include reinstatement to your position, back pay, compensation for emotional distress, and punitive damages. In some cases, employers may also be required to update their policies to prevent future discrimination. ### Are All Employers Required To Provide Religious Accommodations? Not all employers are subject to these laws. Federal law applies to employers with 15 or more employees, while Illinois law generally applies to employers of the same size. Smaller employers may not be legally obligated but are still encouraged to accommodate employees’ religious practices. ## Call Our Chicago Religious Discrimination Attorneys For A Free Consultation If you believe your employer has imposed a dress code policy that violates your religious beliefs, it’s crucial to understand your rights and take action. At North Suburban Legal Services, we are dedicated to protecting employees from religious discrimination and ensuring that workplaces respect individual rights. Our team has extensive experience handling cases involving religious accommodations and workplace fairness. To [receive a free consultation](https://nslslaw.com/contact-us.html) with our [Chicago religious discrimination attorneys](https://nslslaw.com/chicago-religious-discrimination-attorney.html), contact North Suburban Legal Services at 312-909-6089. We represent clients in Palos Heights and throughout the city of Chicago. Let us help you fight for the justice and respect you deserve. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Religious Discrimination Attorney --- ### [What To Do If You’re Retaliated Against For Requesting Accommodations In Chicago](https://nslslaw.com/what-to-do-if-youre-retaliated-against-for-requesting-accommodations-in-chicago/) **Published:** December 30, 2024 **Author:** admin **Content:** Experiencing retaliation at work can feel overwhelming, especially when it comes after you’ve requested accommodations for a disability. Both federal and Illinois laws are clear in prohibiting employers from retaliating against employees who assert their legal rights. If you find yourself in this situation, it is important to understand your rights and take immediate action to protect yourself. Retaliation can take many forms, such as being fired, demoted, or subjected to a hostile work environment. These actions are not only unfair—they are also illegal under the law. Requesting accommodations is a right guaranteed by the [Americans with Disabilities Act (ADA)](https://www.ada.gov/) and the [Illinois Human Rights Act (IHRA)](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2266). These laws protect disabled employees who ask for reasonable modifications to help them perform their jobs without fear of retaliation. However, some employers disregard these protections and take adverse actions against workers who stand up for their rights. Knowing what steps to take can make all the difference in protecting your career and holding your employer accountable. ## Understanding Your Rights Under Federal And Illinois Law The ADA is a federal law that prohibits discrimination against employees with disabilities and guarantees their right to reasonable accommodations. Similarly, the IHRA extends protections to employees in Illinois. These laws ensure that disabled workers are not discriminated against based on disabilities or other protected categories, including race, sex, and religion. Under these laws: - Employers must provide reasonable accommodations unless doing so would create an undue hardship. - Employees are protected from retaliation for requesting accommodations or filing complaints related to discrimination. - Retaliation includes any adverse action, such as termination, demotion, or creating a hostile work environment, taken in response to your request for accommodations. ## Steps To Take If You’ve Been Retaliated Against 1. **Document Everything** – The first step is to document all incidents of retaliation. Keep records of emails, performance reviews, and any communication related to your accommodation request and the retaliation you believe you’ve experienced. This evidence will be crucial if you decide to pursue legal action. 2. **Report The Retaliation Internally** – If your company has a human resources department or a formal complaint process, report the retaliation. This demonstrates that you attempted to resolve the issue internally before seeking legal remedies. 3. **File A Complaint With The EEOC Or IDHR** – Retaliation for requesting accommodations violates both federal and state laws. You can file a complaint with the Equal Employment Opportunity Commission (EEOC) under the ADA or with the Illinois Department of Human Rights (IDHR) under the IHRA. These agencies will investigate your claim and determine if your employer violated the law. 4. **Consult An Attorney** – An experienced retaliatory discharge attorney can assess your case, explain your legal options, and help you file a strong claim. Retaliation cases can be complex, and having legal representation increases your chances of achieving a favorable outcome. 5. **Consider A Lawsuit** – If internal complaints and agency investigations do not resolve the issue, you may need to file a lawsuit against your employer. A lawsuit can seek damages such as lost wages, emotional distress, and, in some cases, punitive damages. ## Legal Ramifications Of Retaliation Retaliation claims are taken seriously under both federal and state laws. Employers found guilty of retaliation can face significant penalties, including fines and damages awarded to the employee. Under the **ADA** and **IHRA**, employees who win their cases may be entitled to: - Back pay for lost wages. - Reinstatement to their previous position. - Compensation for emotional distress. - Attorney’s fees and court costs. Employers may also face reputational harm and increased scrutiny from regulatory agencies. Taking action against retaliation can be intimidating, but remember that the law is on your side. Employers are prohibited from retaliating further against employees who file complaints or lawsuits. If additional retaliation occurs, this can strengthen your case and lead to even greater penalties for the employer. ## Workplace Retaliation Frequently Asked Questions ### What Qualifies As Retaliation Under Federal And Illinois Law? Retaliation occurs when an employer takes adverse action against an employee for asserting their legal rights. This includes termination, demotion, reduction in hours, or creating a hostile work environment. The retaliation must be linked to the employee’s protected activity, such as requesting accommodations or filing a discrimination complaint. ### What Is Considered A Reasonable Accommodation Under The ADA**?** A reasonable accommodation is any modification or adjustment that allows an employee with a disability to perform their job. Examples include flexible work schedules, assistive technology, or physical adjustments to the workplace. The accommodation must not impose an undue hardship on the employer. ### How Long Do I Have To File A Complaint With The EEOC Or IDHR? For ADA claims, you typically have 300 days to file a complaint with the EEOC if your state has a fair employment practices agency like the IDHR. Under Illinois law, you also have 300 days to file a complaint with the IDHR. Consulting an attorney as soon as possible ensures that you meet all deadlines. ### What Evidence Do I Need To Prove Retaliation? Evidence can include documentation of your accommodation request, performance reviews before and after the request, emails or texts showing discriminatory behavior, and witness testimony. Keeping detailed records of any adverse actions will strengthen your case. ### Can I Be Fired For Requesting Accommodations? No. Firing an employee for requesting accommodations violates federal and state laws. If this happens, you may have grounds for a retaliation claim and could seek compensation for lost wages and other damages. ### What Damages Can I Recover In A Retaliation Case? In a successful retaliation case, you may recover back pay, front pay, compensation for emotional distress, and attorney’s fees. In some cases, you may also be awarded punitive damages to punish the employer for their unlawful actions. ## Call Our Chicago Disability Discrimination For A Free Consultation If you believe you’ve been retaliated against for requesting accommodations in Chicago, it’s important to take action quickly. At North Suburban Legal Services, we are committed to protecting employees’ rights and holding employers accountable for retaliation. Our experienced attorneys will guide you through the process and fight to ensure you receive the compensation and justice you deserve. To [receive a free consultation](https://nslslaw.com/contact-us.html) with our [Chicago disability discrimination attorneys](https://nslslaw.com/chicago-disability-discrimination-lawyers.html), contact North Suburban Legal Services at 312-909-6089. We proudly represent clients in Palos Heights and throughout Chicago, Illinois. Don’t let retaliation go unanswered—contact us today to discuss your case. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Disability Discrimination Attorney --- ### [What To Do If You Experience Religious Discrimination At Work](https://nslslaw.com/what-to-do-if-you-experience-religious-discrimination-at-work/) **Published:** December 17, 2024 **Author:** admin **Content:** Religious discrimination at work can feel isolating and unfair, affecting your sense of identity and security. We know that being targeted or excluded because of your beliefs is not only wrong but can be very distressing. Federal and Illinois laws prohibit religious discrimination, yet it continues to impact many employees. If you believe you’ve faced discrimination because of your faith, it’s essential to understand your rights and the steps you can take. Knowing your legal options can help you stand up for a respectful and inclusive work environment. ## Understanding Religious Discrimination In The Workplace Religious discrimination involves treating employees unfavorably because of their religious beliefs. Under [Title VII of the Civil Rights Act of 1964 ](https://www.ftc.gov/policy-notices/no-fear-act/protections-against-discrimination)(a federal law) and the [Illinois Human Rights Act (IHRA)](https://hrc.illinois.gov/rights.html), it is illegal for employers to make employment decisions—such as hiring, firing, promotions, or assignments—based on religion. The law protects not only individuals belonging to organized religions (e.g., Christianity, Islam, Judaism) but also those with sincerely held religious or moral beliefs. Discrimination can be direct, such as openly denying promotions based on religion, or indirect, such as creating an environment where religious practices are disrespected. ## Recognizing Types Of Religious Discrimination There are several ways religious discrimination can manifest in the workplace, including: **Disparate Treatment –** This is when an employer treats someone less favorably because of their religion. **Failure to Accommodate –** Employers are required by law to reasonably accommodate an employee’s religious practices unless doing so would cause an undue hardship. **Harassment –** Harassment occurs when offensive comments or behavior target an employee’s religion, creating a hostile or intimidating work environment. Harassment is unlawful when it’s severe enough to interfere with an individual’s work. ## Immediate Steps To Take If You Experience Religious Discrimination **Document the Incidents –** Keeping a record of specific instances of discrimination is essential. Document dates, times, locations, and the names of any involved individuals. Record both the direct acts of discrimination and the ways these actions have impacted your work environment and emotional well-being. **Report the Issue Internally –** Many companies have internal reporting processes for discrimination complaints. Reporting the issue to HR or management not only gives your employer the opportunity to address the matter but also creates a record of your complaint. Under **Title VII** and **IHRA**, this documentation can be valuable if you decide to pursue legal action. **Request Religious Accommodations in Writing –** If your situation involves an accommodation request, submit your request in writing. Be specific about your needs, and provide any supporting documentation or explanations related to your beliefs. **Contact Our Religious Discrimination Attorney –** If your employer fails to address your concerns or continues to engage in discriminatory practices, consult an attorney experienced in religious discrimination cases. Legal professionals can assess your situation, determine whether you have a claim, and help protect your rights. ## Understanding Your Legal Protections And Remedies Federal law, specifically Title VII of the Civil Rights Act of 1964, prohibits employment discrimination based on religion, and the Illinois Human Rights Act provides similar protections at the state level. Both laws require employers to accommodate religious beliefs unless doing so would impose an undue hardship on business operations. Title VII applies to employers with 15 or more employees, while IHRA extends this protection to businesses with even one employee. Remedies for proven cases of discrimination may include back pay, job reinstatement, compensation for emotional distress, and punitive damages for intentional discrimination. ## Why Legal Action May Be Necessary If an employer’s discriminatory actions have impacted your career or well-being, pursuing legal action may be necessary. Discrimination can have a long-lasting effect on an individual’s financial stability, reputation, and mental health. Filing a claim under Title VII with the Equal Employment Opportunity Commission (EEOC) or under the IHRA with the Illinois Department of Human Rights (IDHR) can open the door to potential compensation and justice. The law does not require that you tolerate discrimination, and taking action can help restore your dignity and confidence. ## FAQs About Religious Discrimination In The Workplace ### How Do I Know If My Employer Is Legally Required To Accommodate My Religious Practices? Employers must accommodate employees’ religious beliefs unless it poses an undue hardship on the business. For example, allowing an employee to wear religious attire is generally not a hardship. If the accommodation disrupts operations or significantly increases expenses, the employer may claim undue hardship. However, the burden is on the employer to demonstrate this hardship. ### What Should I Do If HR Doesn’t Take My Religious Discrimination Complaint Seriously? If HR dismisses your complaint or fails to take action, you should consider contacting an attorney experienced in religious discrimination. They can guide you on filing a complaint with the EEOC or the IDHR. Both agencies can investigate claims independently and enforce anti-discrimination laws. ### Can I Be Retaliated Against For Filing A Religious Discrimination Complaint? Federal and state laws prohibit retaliation against employees who file complaints about discrimination. If you experience retaliation, such as demotion or exclusion from projects, this is considered a separate violation, and you may have grounds for an additional claim. Documenting these actions and consulting an attorney are crucial steps to protect yourself. ### What Evidence Is Needed To Prove Religious Discrimination In The Workplace? Strong evidence typically includes documentation of incidents, witness statements, and communications from your employer indicating discrimination or refusal to accommodate. Keeping records of all exchanges, especially if you have requested accommodations, strengthens your case. ### Can I Still Bring A Claim If The Religious Discrimination Was Subtle? Yes, even subtle discrimination, such as microaggressions or isolation, can be grounds for a claim. Courts consider the cumulative impact of actions that create a hostile work environment. Discrimination doesn’t have to be blatant to be unlawful. ### What Compensation Could I Receive If My Religious Discrimination Claim Succeeds? Potential compensation can include back pay, reinstatement, lost benefits, and sometimes damages for emotional distress. In some cases, punitive damages may be awarded if the discrimination was especially egregious. Speaking with a lawyer can help clarify what to expect based on your situation. ### Contact North Suburban Legal Services For Assistance If you’ve experienced religious discrimination at work, our dedicated team at North Suburban Legal Services is here to help. We understand the importance of protecting your rights and holding employers accountable for discriminatory practices. With a strong commitment to justice, our attorneys will work tirelessly to ensure that your case is handled with the care it deserves. ## Schedule Your Free Consultation With North Suburban Legal Services Don’t let discrimination go unchallenged. To [receive a free consultation](https://nslslaw.com/contact-us.html) with our [Chicago religious discrimination attorneys](https://nslslaw.com/chicago-religious-discrimination-attorney.html), contact North Suburban Legal Services at 312-909-6089. We will discuss your case and explore your options for pursuing justice. Our firm proudly represents clients throughout Chicago, Illinois, and we’re ready to stand with you every step of the way. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Religious Discrimination Attorney --- ### [Proving Disability Discrimination: Evidence You Need for Your ADA Claim](https://nslslaw.com/proving-disability-discrimination-evidence-you-need-for-your-ada-claim/) **Published:** December 2, 2024 **Author:** admin **Content:** When it comes to disability discrimination in the workplace, proving that an employer has discriminated under the [Americans with Disabilities Act (ADA)](https://www.ada.gov/) requires a clear and strategic approach. Federal and Illinois state laws protect individuals from discrimination based on disabilities. By understanding what evidence is necessary and how to collect it, we can strengthen your case and increase the chances of winning your case. We will now discuss the types of evidence needed to prove disability discrimination, relevant legal issues under federal and Illinois discrimination laws, and how to approach the process with clarity and care. ## Understanding Disability Discrimination Under The ADA And Illinois Law Disability discrimination occurs when an employer treats a qualified employee or applicant unfavorably because of their disability. The ADA, a federal law, prohibits discrimination against individuals with disabilities in all aspects of employment, including hiring, firing, promotions, training, and job assignments. In Illinois, the [Illinois Human Rights Act (IHRA)](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2266) provides additional protections, reinforcing that employees with disabilities deserve fair treatment. To qualify under the ADA, an individual must have a disability as defined by the law, be qualified for the job, and experience discrimination based solely on their disability. The IHRA mirrors this protection and applies it to employers throughout the state. Collecting the proper evidence to demonstrate that these criteria are met is crucial to building a strong case. ## Types Of Evidence For Proving Disability Discrimination ### Medical Documentation And Disability Verification The first step in proving disability discrimination is establishing that the employee meets the legal definition of “disabled” under the ADA and IHRA. This includes showing that the employee has a physical or mental impairment that significantly limits one or more major life activities. Medical records, physician’s statements, and disability evaluations can all support this claim. Having proper documentation that outlines the nature of the disability, its impact on daily life, and the limitations it may cause is essential. Additionally, if the employer knew about the disability, documentation of any disclosures made to the employer can be key evidence. ### Performance Reviews And Employment Records Performance reviews and employment records offer valuable insight into an employee’s qualifications and work history. Consistently positive evaluations can help build a case that any adverse actions taken by the employer were motivated by discrimination rather than performance issues. If performance evaluations suddenly decline after an employee discloses a disability or requests accommodations, this shift can suggest a discriminatory motive. Records showing the employee’s ability to perform essential job functions, with or without reasonable accommodation, can also support the case by highlighting their qualifications and commitment. ### Direct Evidence Of Discriminatory Statements Or Actions Direct evidence, though not always available, can be incredibly powerful in proving discrimination. This may include written or verbal statements from an employer or supervisor indicating bias or a negative attitude toward the employee’s disability. For example, if a supervisor makes comments suggesting the employee’s disability is a burden or that their requests for accommodations are unwelcome, this could be strong evidence of discrimination. Witness statements from coworkers who observed discriminatory behavior or overheard derogatory remarks can also support the claim. Emails, memos, and other documents that reflect discriminatory attitudes can serve as valuable evidence. ### Comparative Evidence Of Unequal Treatment To demonstrate that an employer treated an employee unfairly due to their disability, it’s often helpful to show how other employees in similar situations were treated. Comparative evidence can highlight that the employee with a disability was subjected to different standards or held to different expectations than others. For example, if employees without disabilities were allowed certain job privileges, tasks, or accommodations that the disabled employee was denied, this can demonstrate discriminatory intent. It’s crucial to collect documentation showing how the employer treated other employees similarly situated but without disabilities. ### Records Of Accommodation Requests And Responses Under the ADA and IHRA, employers are required to provide reasonable accommodations to employees with disabilities as long as these accommodations do not cause undue hardship. Keeping records of all accommodation requests, employer responses, and any denials or delays is essential. If an employer fails to provide reasonable accommodations or responds in a way that hinders the employee’s ability to perform their job, this could serve as evidence of discrimination. Emails, meeting notes, and follow-up communications regarding the accommodation process should be documented. It’s helpful to retain evidence showing that the requested accommodations were reasonable and would have allowed the employee to perform essential job functions. ## The Legal Ramifications Of Proving Disability Discrimination Successfully proving disability discrimination can bring significant legal consequences for employers who violate the ADA or the Illinois Human Rights Act (IHRA). Employers may be required to reinstate employees who have been wrongfully terminated, provide back pay for lost wages, cover legal fees, and implement corrective measures to prevent future discrimination. Both federal and Illinois laws are firmly committed to supporting equal employment opportunities, and the legal framework is structured to hold employers accountable for discriminatory practices. However, winning these cases requires solid evidence and a carefully planned approach. By understanding what evidence is essential and gathering it systematically, we ensure that disability discrimination claims are effectively addressed in both the workplace and the courtroom. ## Disability Discrimination FAQs ### What Qualifies As A “Disability” Under The ADA And Illinois Law? Under the ADA, a “disability” includes any physical or mental impairment that significantly limits one or more major life activities, such as walking, seeing, hearing, or working. Illinois law under the IHRA generally mirrors the ADA definition, providing similar protections within the state. Importantly, individuals with a history of disability or those regarded as having a disability, even if not currently experiencing symptoms, are also protected. ### How Can We Prove That An Adverse Employment Action Was Due To A Disability? Evidence like discriminatory statements, disparate treatment compared to nondisabled employees, or refusal to provide accommodations can support this claim. We also gather performance evaluations, witness statements, and records of accommodation requests to build a compelling case demonstrating that the action was discriminatory. ### What If An Employer Argues That They Cannot Accommodate My Disability? Employers are required to provide reasonable accommodations unless it would cause “[undue hardship](https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada)” — a legal standard meaning significant difficulty or expense. In Illinois, as under the ADA, an employer must demonstrate that accommodating an employee’s disability is unfeasible or imposes substantial financial or operational burdens. We can challenge these defenses by showing that the requested accommodation was reasonable and would allow the employee to perform essential job functions effectively. We may also present examples of other companies in similar industries that have successfully implemented such accommodations. ## Contact Our Chicago Disability Discrimination Attorney For Your Free Consultation If you believe you’re facing disability discrimination in the workplace, the attorneys at North Suburban Legal Services are ready to help. With a deep understanding of both federal and Illinois disability discrimination laws, we provide comprehensive support in gathering evidence and building a strong ADA claim. Don’t let discrimination go unchallenged; contact our [Chicago disability discrimination attorney](https://nslslaw.com/chicago-disability-discrimination-lawyers.html) at North Suburban Legal Services by calling 312-909-6089 to [receive your free consultation](https://nslslaw.com/contact-us.html). ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Disability Discrimination Attorney --- ### [Legal Implications Of Non-Compliance With The ADA](https://nslslaw.com/legal-implications-of-non-compliance-with-the-ada/) **Published:** November 11, 2024 **Author:** admin **Content:** As attorneys handling [Americans with Disabilities Act](https://www.ada.gov/) cases in Chicago, we have witnessed the significant legal and financial consequences businesses and employers face when they don’t comply with federal and Illinois ADA laws. The ADA, established in 1990 as a key civil rights law, ensures that individuals with disabilities have equal access to jobs, public spaces, transportation, and government services. When companies fail to follow these laws, they not only infringe on these rights but also expose themselves to lawsuits, financial penalties, and damage to their reputation. The ADA operates on both federal and state levels. Federally, Title I of the ADA governs employment, requiring employers with 15 or more employees to provide “reasonable accommodations” to individuals with certain types of disabilities unless doing so would cause undue hardship. In Illinois, the [Illinois Human Rights Act](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2266) (IHRA) mirrors these protections, extending them to employers with one or more employees. Non-compliance with either statute can lead to legal claims, investigations, and potentially costly settlements or judgments. Legal compliance goes beyond avoiding penalties—it ensures that businesses and public entities actively promote an inclusive society. Whether a company operates in Chicago or anywhere in Illinois, violations of the ADA can result in lawsuits in both federal and state courts. By understanding these legal responsibilities, we can better protect our clients and uphold their rights under the law. ## Federal And Illinois ADA Statutes At the federal level, the ADA is enforced by the Equal Employment Opportunity Commission ([EEOC](https://www.eeoc.gov/)), while in Illinois, the Illinois Department of Human Rights ([IDHR](https://dhr.illinois.gov/)) ensures that businesses and employers meet state-level requirements. Both agencies have the authority to investigate complaints of discrimination, and non-compliant entities may face costly legal battles, forced policy changes, and financial penalties. Title I of the ADA (42 U.S.C. § 12111-12117) addresses employment discrimination, while Title III (42 U.S.C. § 12181-12189) covers public accommodations. The Illinois Human Rights Act (775 ILCS 5/1-101) protects individuals from discrimination in employment, housing, public accommodations, and financial credit based on their disabilities. Non-compliance with either federal or Illinois statutes can trigger administrative reviews and, in some cases, result in court-ordered damages or changes to company practices. ## Key Legal Issues One major issue that often arises in ADA cases is the failure to provide reasonable accommodations. Employers are required to engage in an interactive process with employees to determine suitable accommodations, such as modified work schedules, accessible workspaces, or job restructuring. Failing to do so can lead to claims of discrimination, even if the employer believes accommodations would be too expensive or difficult. Public accommodations also face legal scrutiny under the ADA. Restaurants, hotels, theaters, and other facilities open to the public must ensure their buildings and services are accessible to individuals with disabilities. Non-compliance with these requirements, such as failing to install ramps or provide accessible restrooms, can lead to litigation under Title III of the ADA, especially when such accommodations are readily achievable. In Illinois, failing to comply with the Illinois Human Rights Act adds another layer of legal exposure. Because the IHRA applies to employers with just one employee, small businesses that might be exempt under the federal ADA must still ensure they meet state standards. ## Ramifications Of Non-Compliance Businesses and employers who fail to comply with ADA and Illinois law face serious consequences. The first risk is legal liability. Employees and patrons who experience discrimination or are denied access can file lawsuits in federal or state courts. These claims often result in settlements or judgments that include compensatory and punitive damages. Additionally, businesses may be ordered to implement costly changes to their policies, procedures, or facilities. Beyond the financial implications, non-compliance can severely damage a company’s reputation. Negative media coverage or social media backlash can drive away customers and employees alike, causing long-term harm to the business. Finally, government enforcement actions can lead to fines, particularly in cases where non-compliance is widespread or intentional. ## Illinois ADA Claims FAQs ### What Types Of Businesses Must Comply With The ADA? Under federal law, any employer with 15 or more employees must comply with Title I of the ADA. However, in Illinois, the Illinois Human Rights Act applies to businesses with just one employee. Public accommodations, regardless of size, must comply with [Title III of the ADA](https://archive.ada.gov/ada_title_III.htm#:~:text=Title%20III%20prohibits%20discrimination%20on,care%20facilities%2C%20recreation%20facilities%2C%20and) to ensure accessibility for individuals with disabilities. ### What Are Reasonable Accommodations, And How Do I Know If I Need To Provide One? Reasonable accommodations are adjustments or modifications that enable an employee with a disability to perform their job. Examples include providing assistive technology, modifying work schedules, or altering job duties. Employers must engage in a dialogue with the employee to determine appropriate accommodations, and they are only exempt if the accommodation would cause undue hardship, defined as significant difficulty or expense. ### What Happens If My Business Is Found Non-Compliant With The ADA? If your business is found non-compliant, you could face a lawsuit, government investigation, or fines. Courts can order businesses to pay damages to the affected individual and require them to make physical or operational changes to comply with ADA standards. ### Is There A Difference Between Federal ADA Law And Illinois State Law? Yes, while both federal and Illinois laws prohibit discrimination based on disability, Illinois state law is broader in some respects. For example, the Illinois Human Rights Act applies to employers with one or more employees, whereas the federal ADA applies to employers with 15 or more employees. ### What Is An Undue Hardship In The Context Of ADA Compliance? Undue hardship refers to a significant difficulty or expense that an employer would incur by providing a reasonable accommodation. Factors considered include the cost of the accommodation, the size of the business, and the resources available. ## Contact Our Chicago ADA Attorney For Your Free Consultation If you believe your rights have been violated under the ADA or Illinois law, we encourage you to contact North Suburban Legal Services. Our experienced Chicago ADA attorneys are here to help you understand your rights and pursue the legal action you deserve. We represent clients throughout the city of Chicago and can provide you with a free consultation. Contact our [Chicago ADA attorney](https://nslslaw.com/chicago-americans-with-disabilities-act-lawyer.html) at North Suburban Legal Services by calling 312-909-6089 to [receive your free consultation](https://nslslaw.com/contact-us.html). ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** ADA Attorney --- ### [Filing A Retaliatory Discharge Claim In Illinois](https://nslslaw.com/filing-a-retaliatory-discharge-claim-in-illinois/) **Published:** October 30, 2024 **Author:** admin **Content:** Losing a job can have a serious impact on your financial security, stability, and overall well-being. Fortunately, there are federal and Illinois laws that protect employees from being wrongfully terminated in retaliation for exercising their legal rights. In Illinois, filing a retaliatory discharge claim is an important legal option for those who have been fired for reasons that violate public policy or state and federal laws. Knowing how these claims work and the legal protections available is critical for safeguarding your rights and ensuring employers are held accountable for their actions. Illinois recognizes retaliatory discharge as a common law tort, meaning that employees can pursue claims even in the absence of specific statutory protections. This contrasts with federal employment laws, which often provide statutory grounds for retaliation claims, particularly under laws like [Title VII of the Civil Rights Act of 1964](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964) and the [Family and Medical Leave Act](https://www.dol.gov/agencies/whd/fmla) (FMLA). Filing a retaliatory discharge claim can be complex, and the legal issues involved require careful consideration to ensure the best possible outcome. ## Legal Issues In Retaliatory Discharge ### What Constitutes Retaliatory Discharge? In Illinois, [retaliatory discharge claims](https://www.illinoiscourts.gov/resources/40d9756e-43de-4ca2-be1f-e1042d276ec7/file) are typically based on two grounds: (1) retaliation for exercising workers’ compensation rights and (2) retaliation for reporting illegal or improper conduct (commonly referred to as “whistleblowing”). Illinois courts have made it clear that these claims are based on a violation of public policy. Public policy violations occur when an employee is terminated for exercising a legal right or for refusing to engage in illegal conduct at their employer’s request. For example, if an employee is fired after filing for workers’ compensation, that termination may give rise to a retaliatory discharge claim under Illinois law. ### Federal Protections Against Retaliation Federal law also provides important protections against retaliation. [Title VII of the Civil Rights Act](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964) prohibits employers from retaliating against employees for reporting discrimination or harassment. Similarly, the FMLA prohibits retaliation against employees who take leave for a qualifying reason. Additionally, the Occupational Safety and Health Act (OSHA) offers protection to employees who report unsafe working conditions. These laws can form the basis for a retaliation claim when a termination is directly tied to the exercise of an employee’s rights under federal law. ### Illinois Employment Statutes The Illinois Whistleblower Act ([740 ILCS 174/15](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2495)) provides protection for employees who report unlawful conduct. Under this statute, an employee who is terminated in retaliation for reporting illegal activity may have a strong basis for a retaliatory discharge claim. Illinois 820 ILCS 305/4(h) prohibits employers from retaliating against employees for filing or attempting to file a workers’ compensation claim. This statute is a powerful protection for employees who are injured on the job and need to pursue benefits without fear of losing their employment. ### Statute Of Limitations It’s important to understand the time limits for filing a retaliatory discharge claim. In Illinois, retaliatory discharge claims must generally be filed within five years from the date of termination. However, if the claim is based on a violation of a federal statute, such as Title VII, the statute of limitations may be shorter, typically 300 days from the date of the discriminatory act. Missing these deadlines can be detrimental to your case, so it’s important to act promptly. ### Legal Remedies If a retaliatory discharge claim is successful, the employee may be entitled to several forms of compensation. These may include lost wages, reinstatement to the position, and damages for emotional distress. In certain cases, punitive damages may also be awarded if the employer’s conduct was especially egregious. Employers who are found liable for retaliatory discharge may also be responsible for covering the plaintiff’s legal fees. ## FAQs About Retaliatory Discharge Claims ### What Is Considered Retaliatory Discharge In Illinois? Retaliatory discharge in Illinois occurs when an employee is terminated for exercising a legal right or for refusing to engage in illegal activity. Common scenarios include being fired for filing a workers’ compensation claim or for reporting unlawful conduct by the employer. ### What Laws Protect Me From Retaliation At Work? Illinois law, through the Illinois Workers’ Compensation Act and the Illinois Whistleblower Act, provides strong protections against retaliatory discharge. On the federal level, Title VII of the Civil Rights Act, the Family and Medical Leave Act, and OSHA all protect employees from retaliation for exercising their legal rights. ### How Long Do I Have To File A Retaliatory Discharge Claim? In Illinois, the statute of limitations for filing a retaliatory discharge claim is typically five years from the date of termination. However, claims based on federal law, such as those under Title VII, have a shorter statute of limitations—often 300 days from the act of retaliation. ### What Evidence Is Required To Prove Retaliatory Discharge? To prove retaliatory discharge, you must show that 1. you were engaged in a protected activity (such as filing a workers’ compensation claim or reporting illegal conduct), 2. you suffered an adverse employment action (termination) and 3. there is a causal link between the protected activity and the termination. Evidence may include emails, witness testimony, or documentation showing the timing of the termination in relation to the protected activity. ### Can I Get My Job Back If I Win A Retaliatory Discharge Claim? Yes, reinstatement to your former position is one potential remedy if you win a retaliatory discharge claim. In addition to reinstatement, you may also be entitled to lost wages, damages for emotional distress, and possibly punitive damages. ### What Should I Do If I Believe I Have Been Wrongfully Terminated? If you believe you have been terminated in retaliation for exercising your legal rights, it’s important to consult with an attorney experienced in Illinois employment law as soon as possible. Document everything related to your termination, including communications with your employer, and gather any evidence that supports your claim. ## Call Our Retaliatory Discharge Attorney In Chicago To Receive A Free Consultation If you believe you’ve been wrongfully terminated for exercising your rights, North Suburban Legal Services can help. Our experienced retaliatory discharge attorneys in Chicago are ready to fight for your rights and hold your employer accountable. We offer free consultations and will work with you to assess the strength of your case and explore your legal options. Contact our [retaliatory discharge attorney in Chicago](https://nslslaw.com/chicago-retaliatory-discharge-attorneys.html) at North Suburban Legal Services by calling 312-909-6089 to [receive your free consultation](https://nslslaw.com/contact-us.html). We represent clients throughout the city of Chicago, Illinois. Don’t wait—reach out to protect your rights and get the justice you deserve. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Retaliatory Discharge Attorney --- ### [Sexual Orientation And Gender Identity Protections In Illinois Employment Law](https://nslslaw.com/sexual-orientation-and-gender-identity-protections-in-illinois-employment-law/) **Published:** October 14, 2024 **Author:** admin **Content:** ## Sexual Orientation And Gender Identity Discrimination Employment discrimination based on sexual orientation and gender identity is illegal in Illinois. As an employee in Chicago, you are entitled to work in an environment free from harassment or discrimination because of who you are or whom you love. Federal law, including Title VII of the Civil Rights Act and state laws like the [Illinois Human Rights Act](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2266) (775 ILCS 5), have created protections that hold your employer accountable should your rights be violated in these areas. Under the Illinois Human Rights Act, sexual orientation and gender identity are protected classes. They prohibit employers from making employment decisions—whether it be over hiring, firing, promotions, or wages—based on an individual’s sexual orientation or gender identity. When you are treated poorly at work, it is valuable to understand your legal options. The law covers everything from egregious acts of discrimination to the more subtle forms of mistreatment, such as being passed over for promotions and excluded from key projects because of their sexual orientation or gender identity. These behaviors are illegal under Illinois law and may serve as a basis for a claim of discrimination. Federal law also extends significant protections. In 2020, the U.S. Supreme Court, in Bostock v. Clayton County, ruled that [Title VII of the Civil Rights Act of 1964](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964#:~:text=Title%20VII%20prohibits%20employment%20discrimination,religion%2C%20sex%20and%20national%20origin.) prohibits discrimination based on sexual orientation or gender identity. With this ruling, millions of employees across the country will have substantial clarity that sexual orientation and gender identity are protected under the prohibition against sex discrimination in Title VII. If your employer discriminates against you based on sexual orientation or gender identity, you may file a claim with the IDHR or the EEOC. Both agencies investigate claims of discrimination, and depending on your case, you may be entitled to compensation, including lost wages, emotional distress, and even punitive damages. Another critical factor in Illinois is that no employer can allow a hostile work environment based on sexual orientation or gender identity. For instance, a hostile work environment is when offensive comments, jokes, and other such behavior regarding your sexual orientation or gender identity interfere with the performance of your job duties. According to law, employers have a duty of care through reasonable steps to prevent and repel such harassment. If the employer fails to take action on such issues, if reported, they can be found liable for discrimination. Some of the key steps to take in case one is experiencing discrimination or harassment at work include: 1\. **Document Everything** – Keep detailed records of discriminatory behavior, including the dates, times, and names of individuals involved. 2\. **Report the Problem** – When at all possible, report the problem to your supervisor or HR department. Do this in writing to ensure there is a documented record of your complaint. 3\. **Consult with Our Attorneys** – It is very important to speak with an attorney knowledgeable about sexual orientation and gender identity discrimination. They can help you decide if you have a claim and assist you in taking the first step of filing a charge with IDHR or EEOC. 4\. **Filing a Claim** – If you feel that you have been subjected to discrimination, you may file a charge through the IDHR or the EEOC. These agencies will then investigate the circumstance and determine whether litigation is warranted. ## **Discrimination Frequently Asked Questions (FAQs)** ### What Do I Do If I Think I Have Been Discriminated Against Due To My Sexual Orientation Or Gender Identity? So, first of all, if you think you have been discriminated against, write everything down carefully: the dates, the names, and what exactly was done or said that made you feel you are targeted for discriminatory reasons. You need to report it to your employer in those cases when it is safe to do so and then see an attorney. ### Are Federal Protections For Sexual Orientation And Gender Identity Different From The State Law Protections Of Illinois? The protections under federal and Illinois state law complement each other. In 2020, the U.S. The Supreme Court ruled that sexual orientation and gender identity discrimination are forms of sex discrimination under Title VII of the Civil Rights Act of 1964. Illinois has had explicit protections for sexual orientation and gender identity for much longer under the Illinois Human Rights Act. This state law often provides broader coverage, covering smaller employers who are not covered under federal law. ### What Is A Hostile Work Environment? A hostile work environment involves offensive behavior, comments, or jokes about your sexual orientation or gender identity that create an intimidating or abusive work atmosphere. This may include comments, slurs, or repeated jokes that are supposed to be funny but, in fact, make you uncomfortable. If such conduct impairs your ability to work and your employer does nothing to put a stop to it, you might have a legal cause of action. ### Can I Be Fired Because Of My Sexual Orientation Or Gender Identity In Illinois? No. Both Illinois state law and federal law prohibit employers from firing employees because of their sexual orientation or gender identity. If your employer has terminated your employment because of your sexual orientation or gender identity, then this is illegal, and you may be entitled to compensation. ### How Much Time Do I Have To File A Claim Of Discrimination In Illinois? You usually have 180 days from the date of the discriminatory action. You may have up to 300 days if filing under federal law with the Equal Employment Opportunity Commission. However, it’s best to act quickly because these deadlines can vary depending on the specifics of your case. ### What Type Of Damages Can I Recover If I Prevail In A Sexual Orientation Or Gender Identity Discrimination Case? You may be entitled to a range of damages upon winning your case. These include but are not limited to lost wages, back pay, compensation for emotional distress, and, in certain instances, punitive damages meant to punish the employer for that which was most egregious on their part. You might get reinstated with your position; it depends upon the nature of your case. ### Can I Be Discriminated Against If I Have Not Disclosed My Sexual Orientation Or Gender Identity? Yes, discrimination can still occur even if you haven’t disclosed your sexual orientation or gender identity. Sometimes, employers or coworkers may make assumptions based on your appearance, mannerisms, or other factors. Regardless of whether you have disclosed your identity, discriminatory treatment based on perceived sexual orientation or gender identity is still illegal. ### What Can I Do If I Report Discrimination To My Employer And Nothing Happens? If you have reported discrimination or harassment to your employer and your employer has not taken appropriate action, you should seek the advice of an attorney. An attorney can help you determine whether your employer has violated the law by failing to address your concerns and can help you file a charge with the IDHR or EEOC. ### Can Small Businesses Be Held Liable Under The Law For Sexual Orientation Or Gender Identity Discrimination? Yes. The Human Rights Act has been deemed to apply to employers with one or more employees. That puts small businesses into the mix of having to follow anti-discrimination laws. That is an important distinction, because not all federal laws have the same criteria for which employers are covered. ## **Contact Our Chicago Sexual Orientation Discrimination Attorney For A Free Consultation** Discrimination based on sexual orientation or gender identity is unacceptable. If you have ever been subjected to this in the workplace, you are entitled to legal protection for your rights. North Suburban Legal Services will stand by your side. If you need help, contact our [Chicago sexual orientation discrimination attorney](https://nslslaw.com/chicago-sexual-orientation-discrimination-lawyers.html) at North Suburban Legal Services by calling 312-909-6089 to [receive your free consultation](https://nslslaw.com/contact-us.html) and discussion of options. Whether you work in Chicago or its surrounding areas of DuPage, Kane, and Will Counties, we make sure your workplace rights are treated fairly. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Sexual Orientation Discrimination Attorney --- ### [Digital Accessibility And The ADA In Illinois](https://nslslaw.com/digital-accessibility-and-the-ada-in-illinois/) **Published:** October 1, 2024 **Author:** admin **Content:** An ADA-compliant website is not just about the law but about something equally important: equal access. Digital accessibility or accessible design is a way of designing websites and digital content so that these are usable by people with disabilities. The ADA, under [Title III](https://www.ada.gov/law-and-regs/regulations/title-iii-regulations/), provides that businesses operating in a place of public accommodation must provide equal access to individuals with disabilities. These days, it apparently extends to online platforms, including corporate websites. ## Websites Are The New Front Doors Of Business In today’s world, websites are the front door to your business. In the case of people with various disabilities, such as those pertaining to vision, hearing, or mobility, no accessibility features would greatly limit the use of a website. Other ways to ensure compliance include screen readers, alternative text for images, captioning for videos, and keyboard-only navigation. These requirements make access to and utilization of services easy for people with disabilities as it would be for others. Noncompliance with ADA standards can result in serious legal liability affecting your business. Federal courts increasingly interpret websites as places of public accommodation according to ADA, mandating businesses to make their websites usable by everyone. These businesses range in size from small, locally-owned Chicago shops to large corporations with a presence throughout the country. ### ADA Compliance I always tell my clients to be proactive about it, making sure their websites are ADA-compliant before some problem occurs. Websites that are not accessible could be exposed to lawsuits and/or discrimination claims, which come with very serious penalties, legal fees, and reputational harm. If a plaintiff prevails in an [ADA lawsuit](https://www.ada.gov/cases/), the plaintiff may be granted injunctive relief, mandating that your business make its website compliant, as well as recover attorneys’ fees. Though there are no monetary damages available directly under the ADA, the fees can add up fast if your business is found out of compliance. Besides the potential legal issues, businesses that proactively make websites more accessible can usually realize an increase in their customer base. This is because, when all people, regardless of ability, can access your website, you open up your business to more people and create an inclusive environment. This not only means good business sense but also goes to show your company values all its customers. Making one’s website ADA-compliant need not be an overwhelming process. Indeed, there are established standards for the making of websites more accessible, such as the WCAG. The Department of Justice has referred to the WCAG as a guiding factor in determining compliance with the ADA. Personally, I believe a business owner should always seek the advice of a professional who can assess their website for compliance and provide counsel on how to meet the standards. Taking the steps now to ensure your website is ADA-compliant can save your business from some expensive litigation and shows a commitment to inclusion. You’re not just avoiding legal risks; you’re building a business that everyone can access and appreciate. ## ADA Compliance Frequently Asked Questions FAQs ### What Does It Mean For A Website To Be ADA-Compliant? An ADA-compliant website is one that provides accessibility to disabled individuals. That means the website needs to be equipped with features that enable visually, hearing, or immobile people to navigate and use it. Examples include screen readers for blind users, closed captioning for videos, and the ability to navigate the website without using a mouse. ### Is My Business Legally Required To Make My Website ADA-Compliant? Yes, under the ADA, any business that comes within the meaning of a place of public accommodation is required to make its website accessible to persons with disabilities. Examples include retail stores, restaurants, and any other entity that makes goods or services available to the public. Federal courts are increasingly viewing websites as public accommodations; therefore, ADA requirements would also apply to your online presence. ### What Can Happen If One Does Not Have An ADA-Compliant Website? If your website is not ADA-compliant, your business may be subjected to a lawsuit. People with disabilities who are not able to use your website will sue your business under the ADA. However, in lawsuits under the ADA, the plaintiff cannot seek monetary damages. The plaintiff can seek injunctive relief against your business by forcing it to make its website compliant. Secondly, in case the prevailing party is the plaintiff, your business might also be bound to pay his attorney’s fees, which could be hefty. ### How Do I Know Whether My Website Is ADA-Compliant? You can check your website for compliance by looking at the WCAGs, which have clear suggestions on how to make websites usable by disabled people. The guidelines pertain to a number of various elements of website design, including readable text, keyboard accessibility, and media accessibility. It’s worth consulting a legal or digital accessibility expert who will let you conduct an in-depth audit and find out where your website may fall short. ### What Are Some Of The Rudimentary Steps I Can Take To Make My Website More Accessible? Some of the easy steps include making your website readable by screen readers, putting alt text on images so visually impaired users can understand what it is, captioning video content, and making sure all interactive elements or buttons can be navigated by keyboard alone. Updating your website would be necessary on a regular basis to keep up with the guidelines for accessibility as technology and the ability to access evolve. ### What Is WCAG, And Why Does It Matter? WCAG stands for Web Content Accessibility Guidelines which are internationally recognized guidelines providing specific instructions on how to make websites more accessible to people with disabilities. WCAG often finds its references in courts and regulatory agencies, including the Department of Justice, as a key standard for ADA compliance. Ensuring your website aligns with WCAG can help you reduce the risk of ADA-related lawsuits. ### Does The ADA Apply To All Businesses? The ADA requires that any business that qualifies as a place of public accommodation is bound by law to make its services equally accessible, including digital services on websites. Places such as retail stores, restaurants, and hotels that operate in the selling of goods and services to the public are included in this category. If your business exists in a digital space, chances are you will need to meet ADA compliance standards. ### Can I Be Sued Even If I Didn’t Intend To Exclude People With Disabilities From Using My Website? Yes, ADA lawsuits don’t require proof of intent. Where your website is inaccessible, you could be found liable in case the inaccessibility was because of inadvertence on your part. This is why proactive steps are important for maintaining an ADA-compliant website. ### Should I Hire A Professional To Make My Website ADA-Compliant? You can do a few simple things yourself, but often it is a good idea to consult with a professional in ADA compliance and website accessibility who will audit your website to find places for improvement to meet the standards of accessibility such as WCAG and therefore help you stay clear of potential legal risks and make your website accessible to all. ## Contact Our Chicago ADA Compliance Attorney For A Free Consultation If your business maintains a website, then taking proper steps towards ensuring that it’s in ADA compliance will help you avoid legal risks and equally provide your customers with access to your facility. North Suburban Legal Services is here to help you assess and improve the accessibility of your website. Now, in this evolving era of digitization, taking preliminary steps toward complete accessibility should also have evolved. Contact our [Chicago ADA attorney](https://nslslaw.com/chicago-americans-with-disabilities-act-lawyer.html) at North Suburban Legal Services today by calling 312-909-6089 to [receive your free consultation](https://nslslaw.com/contact-us.html). Serving clients throughout Chicago, we can help your business remain ADA-compliant, saving you the costs and headaches of litigation while showing your commitment to accessibility. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** ADA Attorney --- ### [Addressing Website Accessibility Under the ADA](https://nslslaw.com/addressing-website-accessibility-under-the-ada/) **Published:** September 2, 2024 **Author:** admin **Content:** ## Americans With Disabilities Act As an experienced Illinois ADA Defense Attorney and the founder of North Suburban Legal Services LLC, I understand the complexities and significance of ensuring that your website is accessible to all individuals, including those with disabilities. The [Americans with Disabilities Act (ADA)](https://www.ada.gov/) has set forth guidelines that necessitate public accommodations to be accessible to disabled persons. In recent years, this requirement has increasingly been interpreted to include digital spaces, notably websites. The importance of [website accessibility](https://www.ada.gov/resources/web-guidance/) cannot be understated. It empowers all individuals, regardless of their physical or cognitive abilities, to have equal access to online resources. This not only promotes inclusivity but also enhances the user experience for a broader audience. Moreover, by proactively ensuring compliance with ADA guidelines, you can avoid legal challenges that could negatively impact your business both financially and reputationally. First, let’s discuss what website accessibility involves. It means that your website’s content and navigation are designed in a way that individuals with disabilities can interact with, navigate, and contribute to the web. This typically involves adherence to the Web Content Accessibility Guidelines (WCAG), which are part of a series of web accessibility guidelines published by the Web Accessibility Initiative of the World Wide Web Consortium, the main international standards organization for the Internet. Creating an ADA-compliant website often starts with understanding these guidelines and implementing practical steps such as: - **Text Equivalents** – Providing text alternatives for any non-text content so that it can be changed into other forms people need, such as large print, braille, speech, symbols, or simpler language. - **Content Adaptability** – Ensuring that content can be presented in different ways without losing information or structure, which is necessary for supporting assistive technologies. - **Keyboard Accessibility** – Making all functionality available from a keyboard for those who cannot use a mouse. - **Enough Time** – Providing users sufficient time to read and use content. - **Seizures and Physical Reactions** – Designing content in a way that it does not cause seizures or physical reactions for sensitive users. - **Navigable Content** – Helping users navigate and find content. - **Readable and Understandable Content** – Making text content readable and understandable. - **Predictable Web Pages** – Ensuring web pages appear and operate in predictable ways. - **Input Assistance** – Helping users avoid and correct mistakes. - **Compatibility with Current and Future Technologies** – Ensuring content is compatible with current and likely future user agents, including assistive technologies. Failure to meet these guidelines can expose your business to lawsuits and government action. In Illinois, as in many other states, the number of ADA compliance lawsuits related to website accessibility has been on the rise. It is essential for businesses not only to understand these requirements but also to be aware of the potential risks and take proactive steps to comply with them. As your ADA Defense Attorney, I am here to provide the support and guidance you need to make your website ADA-compliant. This not only protects your business from potential litigation but also positions your brand as inclusive, enhancing your company’s overall reputation. With our experience, you can navigate the complexities of ADA compliance with confidence. ## Illinois-Specific FAQS About ADA Website Compliance ### What Is The Legal Requirement For ADA Website Compliance In Illinois? In Illinois, the state follows the federal ADA standards, which require that commercial and public entity websites provide equal access to disabled users as it does to others. ### What Are The Consequences Of Non-Compliance In Illinois? Failure to comply with ADA website accessibility guidelines can result in civil litigation, penalties, and required remediation, which can be costly and damage your business reputation. ### How Often Should I Review My Website For ADA Compliance? It is wise to review your website for ADA compliance at least annually or whenever significant updates are made. This ensures ongoing compliance as technologies and standards evolve. ### Can Small Businesses In Illinois Be Exempt From ADA Website Compliance? No business size is exempt from ADA compliance. While the resources required for compliance may vary, all businesses must strive to make their websites accessible. ## Contact Our Illinois ADA Defense Attorney For A Free Consultation If you are concerned about your website’s ADA compliance or have been notified of a potential violation, don’t hesitate to contact us at North Suburban Legal Services LLC. Serving all of Chicago, we provide a free consultation to discuss your specific needs and help ensure your website meets all necessary ADA standards. Contact our [Illinois ADA defense attorney](https://nslslaw.com/chicago-americans-with-disabilities-act-lawyer.html) at 312-909-6089 to [receive your free consultation](https://nslslaw.com/contact-us.html) and to protect your business and embrace inclusivity fully. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** ADA Defense Attorney --- ### [Is There A Penalty For Paying Employees In Cash?](https://nslslaw.com/is-there-a-penalty-for-paying-employees-in-cash/) **Published:** August 12, 2024 **Author:** admin **Content:** As Illinois payroll tax lawyers, we often encounter questions from business owners about the legality and implications of paying employees in cash. While [paying in cash is not illegal](https://nslslaw.com/paying-employees-in-cash-in-illinois-an-overview-of-payroll-tax-considerations.html), it does come with specific requirements under both federal and Illinois state laws. Failing to adhere to these regulations can indeed result in penalties, making it important for employers to manage cash payments correctly. ## The Legal Framework For Cash Payments When you pay employees in cash, you are still required to comply with all the obligations that come with employment, including withholding income taxes and contributing to Social Security and Medicare. Additionally, you must adhere to unemployment insurance obligations under both state and federal law. The primary concern with cash payments is the accurate [reporting and withholding of taxes](https://www.irs.gov/businesses/small-businesses-self-employed/understanding-employment-taxes). The Internal Revenue Service (IRS) and the Illinois Department of Revenue do not differentiate between payment methods in terms of tax obligations. This means that whether you pay your employees via check, direct deposit, or cash, you must follow the same procedures for tax withholding and reporting. ## Common Misconceptions And Risks One common misconception is that paying in cash allows for avoiding tax responsibilities. This is not only incorrect but can lead to significant legal issues. Underreporting income, failing to withhold taxes, and evading employment tax obligations can result in severe penalties from both the IRS and state authorities. Moreover, paying in cash can complicate matters such as verifying hours worked, calculating overtime, and maintaining accurate payroll records. It is critical to keep detailed records when paying employees in cash to prove that you have met all legal requirements concerning wages, tax withholding, and tax submissions. ## The Importance Of Compliance Ensuring compliance involves several steps: **1. Maintaining Accurate Records** – Document all payments made to employees, including the date, amount, and breakdown of withholdings. Keep these records organized and readily available for both internal auditing and potential external investigations. **2. Withholding Taxes** – Calculate and withhold the appropriate federal and state taxes from each cash payment, including income tax, Social Security, and Medicare, just as with any other form of payment. **3. Reporting to Tax Authorities** – Regularly report wages to the IRS and the Illinois Department of Revenue using the appropriate forms (like Form W-2 for annual wage reporting). Failing to file these can lead to penalties and interest on unpaid taxes. **4. Following Labor Laws** – Ensure compliance with all relevant labor laws, including minimum wage standards, overtime payments, and record-keeping requirements. ## Penalties For Non-Compliance If you fail to comply with these obligations, you could face penalties, including fines, back taxes with interest, and, in severe cases, criminal charges. These penalties can be substantial enough to jeopardize your business’s financial stability. The potential financial impact of these penalties underscores the urgency of compliance. Paying employees in cash is perfectly legal, provided that you adhere strictly to the tax and employment laws. The key is thorough documentation and regular compliance with tax withholdings and filings. If you’re unsure about how to manage payroll effectively under these regulations, remember that seeking legal guidance is not just a wise step, but a crucial one to ensure you’re meeting all your legal obligations. ## Illinois Payroll Tax FAQs Concerning Cash Payments ### What records should I keep when paying employees in cash? It’s important to maintain detailed records for each employee, including the amount paid, the date of payment, and a breakdown of all withholdings. This documentation should be as detailed as it would be for non-cash payments. ### How can I ensure I’m withholding the correct amount of taxes for cash payments? Use the IRS withholding tables and calculators to determine the correct amount to withhold based on each employee’s earnings, tax status, and current tax rates. Regular consultations with a payroll specialist or a payroll tax lawyer can also help ensure accuracy. ### What happens if I don’t report cash payments to the IRS or the Illinois Department of Revenue? Failure to report wages paid in cash can lead to audits, penalties, and even criminal charges. It is critical to report all employee compensation regardless of the form of payment. ### Can I pay my employees overtime in cash? Yes, overtime can be paid in cash, but it must be calculated accurately according to state and federal laws and appropriately taxed and reported. This is a crucial aspect of compliance with labor laws and can help you avoid potential legal issues related to overtime payments. ### How long should I keep payroll records, including those for cash payments? Federal and state laws typically require employers to keep payroll records for at least three years. However, it’s a good practice to keep them for up to seven years to cover all potential audits or investigations. For further clarification on any of these points or more detailed guidance tailored to your specific situation, please don’t hesitate to contact North Suburban Legal Services for a free consultation. ## Call Our Illinois Payroll Tax Lawyer For Experienced Legal Assistance If you have questions about paying your employees in cash or if you need assistance in navigating the complexities of payroll tax laws in Illinois, I am here to help. Contact our [Illinois payroll tax lawyer](https://nslslaw.com/practice-areas/tax/payroll-tax-lawyers.html) at North Suburban Legal Services at 312-909-6089 to schedule your free consultation. We can help ensure that your payroll practices comply with all applicable laws, minimizing the risk of penalties and helping you focus on running your business. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Payroll Tax Lawyer --- ### [What To Know About New Federal Non-Compete Ban](https://nslslaw.com/what-to-know-about-new-federal-non-compete-ban/) **Published:** July 29, 2024 **Author:** admin **Content:** As seasoned non-compete litigation attorneys based in Chicago, we are acutely aware of how pivotal the Federal Trade Commission’s (FTC) [new rule banning non-compete agreements](https://www.ftc.gov/news-events/news/press-releases/2024/04/ftc-announces-rule-banning-noncompetes) is for both employees and employers. The FTC’s decisive action aims to enhance market competition by ensuring workers have the freedom to move between jobs, which is expected to foster innovation, increase the formation of new businesses, and ultimately lead to higher wages. ## Understanding The New Federal Non-Compete Ban The FTC’s final rule, issued on April 23, 2024, fundamentally changes the landscape for non-compete clauses in the United States. Employers have traditionally used non-compete agreements to protect their business interests. However, under the new rule, these agreements are prohibited, as they have been found to unfairly suppress salaries, stifle innovation, and unjustly restrict workers’ career mobility. This rule is designed to create a fairer, more balanced employment landscape. The FTC estimates that abolishing non-competes will create over 8,500 new businesses annually and boost worker earnings by an average of $524 per year. This ban is not just about limiting the power of employers, but also about empowering workers. It’s expected to drive a significant increase in patents issued annually, fueling innovation across various sectors and opening up new opportunities for career growth. ## Key Provisions Of The Rule The rule effectively makes it unlawful for employers to enter into or enforce non-compete agreements with employees, except for a narrow exception regarding senior executives. Senior executives, defined as those earning more than $151,164 annually and who are in policy-making positions, are the only group that can still be bound by new non-compete clauses. However, this is only under specific circumstances, such as when the non-compete is necessary to protect a substantial business interest, and the agreement is reasonable in scope and duration. Employers are required to notify workers that existing non-compete agreements will no longer be enforced. This simplifies compliance and ensures that employees are aware of their new freedoms and opportunities. This notice must be communicated using model language provided by the FTC, which is designed to clearly inform employees about the change and includes specific details about the ban, its implications, and the alternatives available to them. ## Alternatives To Non-Compete Agreements Recognizing the need for businesses to protect their legitimate interests, the FTC points out that other legal tools remain viable. For instance, trade secret laws can protect proprietary information, and non-disclosure agreements (NDAs) can prevent employees from sharing confidential information. These provide robust protection for proprietary information without restricting an individual’s employment opportunities. The FTC encourages employers to focus on enhancing workplace conditions and offering competitive wages to retain talent rather than restricting career movement. ## Implications For Businesses And Workers The sweeping prohibition on non-compete agreements marks a significant shift in how businesses can protect their interests while respecting workers’ rights. This rule underscores a move towards a more dynamic and competitive labor market where innovation and skills are paramount. Businesses will need to revise employment contracts and human resources policies to adapt to this change. For workers, this opens new avenues for career advancement and entrepreneurship previously hindered by non-compete clauses. ## Call Our Chicago Non-Compete Litigation Attorneys For Exceptional Representation The FTC’s final rule on banning non-competes is a game-changer for employment law. It underscores a fundamental shift towards enhancing market competition and worker mobility. As we navigate these changes, understanding the nuances of the new rule is crucial for both employers and employees. Are you prepared to adapt to this significant shift in employment law? At North Suburban Legal Services, we are here to guide businesses and individuals through the complexities of complying with the new federal non-compete ban. Contact our [Chicago non-compete litigation attorneys](https://nslslaw.com/chicago-non-compete-litigation-lawyer.html) at North Suburban Legal Services by calling 312-909-6089 to receive your free consultation. Let us help you understand these changes and protect your legal rights. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Non-Compete Litigation Attorney --- ### [How Do I Find An Experienced ADA Attorney Near Me?](https://nslslaw.com/how-do-i-find-an-experienced-ada-attorney-near-me/) **Published:** June 3, 2024 **Author:** admin **Content:** Finding an experienced ADA attorney can empower individuals looking to assert their rights under the [Americans with Disabilities Act](https://www.dol.gov/general/topic/disability/ada). This law, designed to protect people with disabilities from discrimination in various areas, including employment, public accommodations, and transportation, requires knowledgeable legal guidance to effectively navigate its complexities. When seeking legal help, the quality of representation can significantly impact the outcome of your case. Therefore, understanding how to identify and choose a lawyer who is well-versed in [ADA law](https://www.ada.gov/#:~:text=The%20Americans%20with%20Disabilities%20Act%20(ADA)%20protects%20people%20with%20disabilities,many%20areas%20of%20public%20life.) is very important. The process of finding a qualified [ADA attorney](https://nslslaw.com/chicago-americans-with-disabilities-act-lawyer.html) should begin with a careful assessment of your specific needs. Consider the nature of your legal issue, whether it involves workplace discrimination, accessibility issues in public spaces, or discrimination in educational settings. Each area of ADA law can present unique challenges and may require different legal experience. Therefore, identifying a lawyer who has successfully handled cases similar to yours can be more beneficial than choosing one based on general practice credentials alone. ## Using the Phrase “Find an ADA Attorney Near Me” on Google In today’s digital age, many people begin their search for legal services online, and one standard method is using specific search phrases like “Find an ADA attorney near me” on search engines such as Google. This approach can yield a list of nearby legal professionals who practice in ADA law. The proximity of these attorneys can be particularly beneficial for individuals with disabilities, as it ensures that the legal services they need are easily accessible. Additionally, Google often displays user ratings and reviews alongside each listing, which can be invaluable in assessing the reputation and suitability of potential attorneys. These reviews, which are based on the experiences of previous clients, provide a reliable snapshot of what to expect from each lawyer, helping you make an informed decision. ## Locate Attorneys In Top Legal Directories Legal directories are another valuable resource. Websites like Avvo, FindLaw, Martindale-Hubbell, and Justia allow you to search for attorneys by practice area and location. These platforms often include client reviews, peer endorsements, and other information that can help you assess the quality of a potential attorney. Additionally, many directories provide ratings that reflect a lawyer’s professional achievements and ethical standards. ## Read And Review Attorney Websites After identifying potential attorneys, visit their websites to gather more information. Look for details about their experience with ADA cases similar to yours. Many attorneys also publish articles or blog posts that can give you insight into their understanding of disability law and their approach to handling cases. Moreover, check for any information about additional credentials, such as certifications or memberships in professional organizations related to disability rights. These indicators can reassure you of the attorney’s commitment to advocating for individuals with disabilities, fostering a sense of trust and confidence in their services. ## Schedule Consultations Once you have a list of potential lawyers, arrange for consultations. This is a chance to discuss your case and assess the attorney’s familiarity with ADA law. During these meetings, ask specific questions about their experience with cases like yours, their approach to client communication, and their availability. It’s vital that you feel comfortable with their communication style and confident in their ability to handle your case. Finding the right ADA attorney might take some effort, but it’s a crucial step in effectively addressing and resolving your legal issues under the [Americans with Disabilities Act](https://www.ada.gov/). With the right representation, you can ensure that your rights are protected and upheld in accordance with the law. ## Contact Our Chicago ADA Attorney For Legal Justice If you suspect you’ve been subjected to ADA violations and discrimination at work, it’s important to act swiftly to safeguard your rights. Our team at [North Suburban Legal Services LLC](https://nslslaw.com/) is committed to advocating for fair and respectful treatment in the workplace. Our experienced Chicago ADA lawyer is ready to explain your rights under anti-discrimination laws and guide you through the process of filing a complaint. Do not overlook ADA violations and discrimination. Contact our Chicago ADA attorney at North Suburban Legal Services LLC by dialing [312-909-6089](tel:13129096089) for [your free consultation](https://nslslaw.com/contact-us.html). In this private discussion, we’ll carefully listen to your situation, evaluate your case, and provide customized legal guidance based on your unique needs. Allow us to be your champion in combating ADA discrimination. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** ADA Attorney --- ### [Legal Remedies For Employees Who Face Workplace Discrimination Based On Race Or Ethnicity](https://nslslaw.com/legal-remedies-for-employees-who-face-workplace-discrimination-based-on-race-or-ethnicity/) **Published:** March 17, 2025 **Author:** admin **Content:** Workplace discrimination based on race or ethnicity is illegal under both federal and Illinois employment laws. Employees have the right to work in an environment free from bias, unequal treatment, and retaliation for reporting discrimination. Employers who engage in discriminatory practices can face serious legal consequences. Under [Title VII of the Civil Rights Act of 1964](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964) (42 U.S.C. §2000e et seq.), it is unlawful for employers to discriminate against employees based on race, color, or national origin. In Illinois, the [Illinois Human Rights Act](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2266) (775 ILCS 5/1-101 et seq.) offers additional protections, making it illegal for employers to treat employees differently based on their race or ethnicity in hiring, firing, promotions, compensation, or other employment terms. Employees who experience racial or ethnic discrimination may have grounds for legal action, but it is essential to understand the legal remedies available and the steps necessary to protect their rights. ## Filing A Complaint With The EEOC Or IDHR Employees who experience race-based discrimination in the workplace can file a complaint with either the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR). These agencies investigate claims of discrimination and may pursue action against the employer if violations are found. - EEOC Complaints: Employees have 300 days from the date of the discriminatory act to file a charge with the EEOC if they work in Illinois. The EEOC investigates claims, attempts mediation, and may file lawsuits on behalf of employees if necessary. - IDHR Complaints: Under Illinois law, employees have 300 days to file a complaint with the IDHR. Should the IDHR determine that a violation occurred, the employee may be able to bring a case before the Illinois Human Rights Commission (IHRC) or pursue a lawsuit in state court. ## Legal Remedies For Victims Of Workplace Discrimination Victims of racial or ethnic discrimination may be entitled to several legal remedies, depending on the nature of their case. Some of the potential remedies include: - Reinstatement or Promotion: Employees who were wrongfully terminated or denied a promotion may be reinstated to their former position or granted the promotion they were unlawfully denied. - Back Pay and Front Pay: Employees may recover lost wages resulting from the discrimination, including unpaid salary, bonuses, or benefits. - Compensatory Damages: Victims may receive damages for emotional distress, pain and suffering, and the impact discrimination has had on their mental well-being. - Punitive Damages: If an employer’s actions were particularly egregious, courts may award punitive damages to deter future misconduct. - Attorney Fees and Costs: Under federal and state laws, victims may recover legal costs associated with pursuing their claim. ## Retaliation Protections Under Federal And Illinois Law Many employees hesitate to report workplace discrimination due to fear of retaliation. However, retaliation is illegal under both federal and Illinois law. Employers cannot fire, demote, or harass employees who report discrimination or participate in an investigation. If retaliation occurs, employees may file an additional claim for retaliatory discharge under 42 U.S.C. §2000e-3(a) and 775 ILCS 5/6-101. ## Steps Employees Should Take If They Experience Discrimination Employees who face racial or ethnic discrimination should take immediate action to protect their rights. The following steps can help strengthen their case: 1. Document The Discrimination: Keep records of discriminatory incidents, including emails, messages, performance evaluations, and witness statements. 2. Report The Discrimination: Follow the company’s internal complaint procedures and notify HR or a supervisor about the issue. 3. File A Complaint With The EEOC Or IDHR: If internal reporting does not resolve the issue, employees should file a formal complaint with the EEOC or IDHR. 4. Consult An Attorney: Seeking legal representation from an employment lawyer can help employees understand their rights and determine the best course of action. ## Legal Representation For Workplace Discrimination Cases Proving workplace discrimination can be complex, and employers often have legal teams ready to defend against claims. Employees facing racial or ethnic discrimination should consult an experienced employment attorney who can: - Assess the validity of the claim - Gather evidence to support the case - Represent the employee in negotiations, mediation, or litigation - Seek the maximum compensation available under the law ## Frequently Asked Questions About Workplace Discrimination ### What Constitutes Race Or Ethnicity-Based Discrimination In The Workplace? Workplace discrimination occurs when an employer treats an employee unfairly due to their race or ethnic background. This includes hiring and firing decisions, pay discrepancies, denial of promotions, workplace harassment, and creating a hostile work environment. ### What Is The Difference Between Racial Discrimination And Workplace Harassment? Racial discrimination refers to unfair treatment based on race, while workplace harassment involves unwanted conduct that creates a hostile work environment. Harassment can include offensive jokes, slurs, physical intimidation, or inappropriate comments about an employee’s race. ### What Evidence Is Needed To Prove Racial Or Ethnic Discrimination? Employees can use various forms of evidence to support their claims, including emails, text messages, witness statements, employment records, and company policies that may indicate discriminatory practices. ### Can An Employer Retaliate Against Me For Filing A Discrimination Claim? No. Retaliation is illegal under federal and Illinois law. If an employer takes negative actions against you for filing a complaint, you may have grounds for a separate retaliation claim. ### How Long Do I Have To File A Claim For Racial Discrimination In Illinois? Under federal law, employees have 300 days to file an EEOC complaint if they work in Illinois. The same time frame applies to IDHR complaints. ### What Damages Can I Recover If My Discrimination Claim Is Successful? Employees may recover back pay, front pay, compensatory damages for emotional distress, punitive damages, and attorney fees. ### Should I File My Discrimination Claim With The EEOC Or IDHR? Filing with either agency is an option. If you want to pursue federal claims, the EEOC is the appropriate agency. If you prefer to proceed under Illinois law, the IDHR can handle your complaint. ### Can I Sue My Employer For Racial Discrimination In Illinois? Yes. If the EEOC or IDHR issues a Right to Sue letter, you can file a lawsuit against your employer in federal or state court. ## Call North Suburban Legal Services For A Free Consultation Employees facing racial or ethnic discrimination in the workplace have legal options to seek justice. If you have been treated unfairly at work, you do not have to go through it alone. At North Suburban Legal Services, we are committed to protecting employee rights and holding employers accountable for illegal discrimination. Call our Chicago race discrimination lawyer today at [312-909-6089](tel:13129096089) for your [free initial consultation](https://nslslaw.com/contact-us.html). We represent clients in Chicago and throughout the surrounding areas. Let us help you take the next steps toward justice and fair treatment in the workplace. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Race Discrimination Lawyer --- ### [Proving Intent - Direct Vs. Circumstantial Evidence In Discrimination Cases In Illinois](https://nslslaw.com/proving-intent-direct-vs-circumstantial-evidence-in-discrimination-cases-in-illinois/) **Published:** February 18, 2025 **Author:** admin **Content:** Proving intentional discrimination in the workplace requires solid evidence to support a claim. When an employee experiences unlawful treatment based on race, gender, age, disability, or other protected characteristics, the burden falls on the employee to prove that discriminatory intent motivated the employer’s actions. Federal and Illinois employment laws provide protection against [workplace discrimination](https://www.eeoc.gov/youth/what-employment-discrimination), but the way intent is proven can vary significantly. Evidence in discrimination cases is often divided into two categories – direct and circumstantial. Understanding the difference between these types of evidence is important when filing an employment discrimination claim. As employment discrimination attorneys, we help clients gather the necessary proof to build strong cases under federal and Illinois law. Direct evidence offers clear proof of discriminatory intent, while circumstantial evidence requires drawing reasonable conclusions from the facts. Courts consider both forms of evidence when determining whether an employer violated the law. [Title VII of the Civil Rights Act of 1964](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964) and the Illinois Human Rights Act ([775 ILCS 5](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2266&ChapterID=64&SeqStart=600000&SeqEnd=1200000)) outline the legal standards for discrimination claims. Whether the evidence is direct or circumstantial, proving intent is essential for a successful case. ## What Is Direct Evidence In A Discrimination Case? Direct evidence refers to statements or actions that explicitly reveal an employer’s discriminatory intent. This type of evidence does not require inference or interpretation as it speaks for itself. It can be powerful in a discrimination case, but it is often rare since employers rarely admit to illegal bias. Examples of direct evidence include: - A supervisor stating they do not promote women because they “are less committed to their careers.” - An email from management explicitly mentioning a preference for younger employees over older workers. - A company policy that excludes a protected class from specific job roles. Under federal law, direct evidence can immediately shift the burden of proof to the employer, who must then demonstrate that the same decision would have occurred without discrimination. Illinois law, through the Illinois Human Rights Act, provides similar protections against direct discriminatory conduct. ## What Is Circumstantial Evidence In A Discrimination Case? Circumstantial evidence, also called indirect evidence, requires the court to infer discriminatory intent from the facts presented. This type of evidence often plays a more significant role in discrimination cases because direct admissions of bias are uncommon. Circumstantial evidence may include: - Patterns of biased behavior, such as consistently promoting less qualified individuals outside the protected class. - Sudden negative performance reviews following the disclosure of a disability or pregnancy. - Comments suggesting bias combined with adverse employment actions. The [McDonnell Douglas burden-shifting](https://content.next.westlaw.com/practical-law/document/Id4cf1911f3ad11e28578f7ccc38dcbee/McDonnell-Douglas-Burden-Shifting?viewType=FullText&transitionType=Default&contextData=(sc.Default)) evidentiary framework established by the U.S. Supreme Court in [*McDonnell Douglas Corp. v. Green*, 411 U.S. 792 (1973)](https://en.wikipedia.org/wiki/McDonnell_Douglas_Corp._v._Green#:~:text=McDonnell%20Douglas%20Corp.-,v.,plaintiffs%20and%20defendants%20present%20proof.) applies when circumstantial evidence is used. The employee must first establish a prima facie case of discrimination by showing: 1. They belong to a protected class. 2. They were qualified for the position. 3. They suffered an adverse employment action. 4. Similarly situated individuals outside the protected class received more favorable treatment. If the employee meets this burden, the employer must present a legitimate, non-discriminatory reason for their actions. The employee then has the opportunity to prove the employer’s stated reason is a pretext for discrimination. ## How Federal And Illinois Employment Laws Address Proving Intent Federal laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), prohibit discrimination based on protected characteristics. Illinois law offers similar protections under the Illinois Human Rights Act (IHRA). Both federal and state courts accept direct and circumstantial evidence in employment discrimination cases. However, under Illinois law, circumstantial evidence often plays a central role since direct proof of bias is rare. The IHRA ([775 ILCS 5/2-102](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=077500050K2-102)) specifically protects employees from discriminatory practices in hiring, promotions, terminations, and other employment decisions. ## Building A Strong Discrimination Case With Evidence Proving intent requires thorough documentation and evidence collection. Some important steps for building a strong discrimination case include: - **Documenting Communications –** Preserve emails, text messages, and written correspondence showing discriminatory remarks or patterns. - **Identifying Witnesses –** Coworkers or former employees who witnessed discriminatory behavior can provide valuable testimony. - **Maintaining Performance Records –** Keep copies of positive reviews and records showing qualifications for promotions or continued employment. - **Preserving Employment Policies –** Analyze whether company policies disproportionately affect certain groups. Working with experienced employment discrimination attorneys ensures the evidence is presented effectively and in compliance with Illinois and federal laws. ## Employment Discrimination FAQs ### What Is The Difference Between Direct And Circumstantial Evidence? Direct evidence directly shows discriminatory intent, such as an employer making a biased statement against a protected class. Circumstantial evidence, on the other hand, involves facts that suggest discrimination, such as patterns of biased treatment or inconsistent explanations for termination. Both types of evidence can be effective in proving workplace discrimination under Illinois and federal law. ### Can Circumstantial Evidence Alone Win A Discrimination Case? Yes, circumstantial evidence can be sufficient to win a discrimination case. Most discrimination cases rely on circumstantial evidence because direct evidence is rare. Courts allow patterns of unfair treatment, biased comments, and inconsistent reasons for termination to support a claim when they create a reasonable inference of discriminatory intent. ### What Are Examples Of Direct Evidence Of Discrimination? Direct evidence includes statements or actions clearly reflecting bias. Examples could include an employer saying, “We don’t hire older workers,” or a written policy explicitly excluding a protected group. Direct evidence does not require interpretation—it directly reveals the employer’s intent. ### How Do I Prove Discrimination If There Is No Direct Evidence? If no direct evidence exists, discrimination can still be proven using circumstantial evidence. This may involve showing patterns of unequal treatment, sudden negative job evaluations, or pretextual reasons for termination. Courts often apply the *McDonnell Douglas* framework, requiring the employee to demonstrate a pattern consistent with discriminatory behavior. ### What Should I Do If I Suspect Workplace Discrimination? If you suspect workplace discrimination, document all incidents carefully. Keep records of discriminatory comments, changes in work conditions, and any negative employment actions. Consult an employment discrimination attorney who can assess the evidence and determine whether you have grounds for a claim under Illinois and federal laws. ### Why Is Legal Representation Important In Employment Discrimination Cases? Employment discrimination cases involve complex legal standards and require a thorough understanding of federal and Illinois statutes. Our experienced employment discrimination attorney will gather the right evidence, challenge employer defenses, and ensure your rights are protected in court. Legal representation also increases the likelihood of securing compensation for lost wages and emotional distress. ## Contact Our Chicago Workplace Discrimination Lawyer For You Free Consultation At North Suburban Legal Services, we are committed to protecting employees from unlawful workplace discrimination. If you believe you have experienced discriminatory treatment in Chicago, our employment discrimination attorneys can help you pursue justice. We work to ensure your rights are protected under both Illinois and federal laws. Our legal team proudly represents clients in Palos Heights and throughout the entire city of Chicago. To [receive a free consultation](https://nslslaw.com/contact-us.html) with our [Chicago workplace discrimination attorneys](https://nslslaw.com/practice-areas/employment.html), contact North Suburban Legal Services at 312-909-6089. Let us help you pursue fair treatment in the workplace. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Employment Discrimination Attorney --- ### [Wrongful Termination Claims In An At-Will State Like Illinois](https://nslslaw.com/wrongful-termination-claims-in-an-at-will-state-like-illinois/) **Published:** February 4, 2025 **Author:** admin **Content:** Losing a job can be a devastating experience, especially when it feels unfair or unlawful. Illinois is an at-will employment state, meaning most employment relationships can be terminated by either the employer or employee at any time, for almost any reason. However, there are critical exceptions where firing an employee is illegal under both federal and Illinois laws. Wrongful termination occurs when an employer fires an employee in violation of these protections, and employees have the right to seek justice through a legal claim. As wrongful termination attorneys in Chicago, we help clients understand their rights and pursue claims against employers who violate employment laws. While at-will employment gives employers flexibility, it does not allow them to fire employees for discriminatory reasons, retaliation, or in violation of public policy. Federal laws like [Title VII of the Civil Rights Act](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964) and Illinois laws such as the Illinois Human Rights Act ([775 ILCS 5/](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2266&ChapterID=64&SeqStart=600000&SeqEnd=1200000)) provide essential protections against wrongful termination. Understanding these laws is crucial for anyone considering a wrongful termination claim. ## What Does At-Will Employment Mean In Illinois? At-will employment means that either the employer or the employee can end the working relationship at any time, with or without cause, and without prior notice. However, this broad authority is not absolute. Employers cannot terminate employees in violation of anti-discrimination laws, retaliation protections, or contractual agreements. Key exceptions to the at-will doctrine include: - **Discrimination –** Employers cannot fire employees based on race, gender, age, disability, religion, or other protected characteristics under Title VII of the Civil Rights Act of 1964 and the Illinois Human Rights Act. - **Retaliation –** Employers cannot fire an employee for reporting illegal activity, filing a workers’ compensation claim, or participating in whistleblower activities under the Illinois Whistleblower Act (740 ILCS 174/). - **Breach Of Contract –** If an employment contract outlines specific grounds for termination, the employer must adhere to those terms. - **Violation Of Public Policy –** Employees cannot be terminated for refusing to engage in illegal activities or exercising legal rights, such as voting or serving on a jury. ## Key Legal Protections Against Wrongful Termination Several federal and Illinois statutes protect employees from wrongful termination. Understanding these laws can help determine whether a claim is valid: - **Title VII Of The Civil Rights Act Of 1964** – Prohibits termination based on race, color, religion, sex, or national origin. - **Age Discrimination In Employment Act (ADEA) –** Protects employees over 40 from termination due to age. - **Americans With Disabilities Act (ADA) –** Prohibits firing based on a disability if the employee can perform the essential job functions with reasonable accommodations. - **Illinois Human Rights Act (775 ILCS 5/) –** Provides additional state-level protections against workplace discrimination. - **Illinois Whistleblower Act (740 ILCS 174/) –** Protects employees from retaliation after reporting illegal activity. - **Illinois Workers’ Compensation Act (820 ILCS 305/) –** Protects employees from being fired for filing a workers’ compensation claim. ## Proving A Wrongful Termination Claim In Illinois To establish a wrongful termination case, the employee must demonstrate: 1. **They Were Employed –** An official employer-employee relationship existed. 2. **The Termination Violated A Legal Protection –** The firing must have violated federal or state employment laws. 3. **Causal Link –** Evidence must connect the termination directly to the unlawful reason (e.g., retaliation or discrimination). Evidence often includes emails, performance reviews, witness statements, and employment contracts. Employers often defend themselves by citing performance issues or company restructuring, so thorough evidence is essential. ## Damages Available In A Wrongful Termination Claim Employees who prevail in a wrongful termination claim may be entitled to various forms of compensation, including: - **Back Pay –** Lost wages from the time of termination to the resolution of the case. - **Front Pay –** Compensation for future lost wages if reinstatement is not possible. - **Emotional Distress –** Damages for the emotional impact of the wrongful termination. - **Punitive Damages –** Awarded in cases of extreme employer misconduct. - **Attorney’s Fees And Legal Costs –** Some claims allow recovery of legal fees. ## Why Hiring A Wrongful Termination Lawyer Matters Wrongful termination cases involve complex employment laws and high legal standards for proving employer misconduct. As wrongful termination attorneys, we help clients gather evidence, file complaints with agencies like the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR), and represent them in negotiations or court. ## Wrongful Termination FAQs ### What Are My Rights If I Was Fired Unfairly In Illinois? In Illinois, being fired unfairly does not always mean your termination was unlawful. However, if you were fired based on discrimination, retaliation, or a violation of public policy, you have the right to pursue a wrongful termination claim.Federal laws like Title VII of the Civil Rights Act and state laws such as the Illinois Human Rights Act protect employees against wrongful termination. ### Can I File A Wrongful Termination Claim If I Was An At-Will Employee? Yes, even at-will employees can file wrongful termination claims if they were fired for reasons that violate federal or Illinois employment laws. At-will employment does not allow employers to fire workers for discriminatory reasons, retaliation, or breaching a contract. If you were terminated unlawfully, you can seek legal action despite being an at-will employee. ### What Should I Do If I Was Wrongfully Terminated In Illinois? If you believe you were wrongfully terminated, document everything related to your employment and termination. Thisincludes termination letters, performance reviews, and communication with your employer. Contact a wrongful termination attorney immediately to review your case and determine your legal options. ## Call Our Chicago Wrongful Termination Attorneys For Your Free Consultation At North Suburban Legal Services, we stand with employees who have faced wrongful termination in violation of Illinois and federal employment laws. If you were unlawfully fired, we are ready to help you seek justice and recover the compensation you deserve. Our wrongful termination attorneys represent clients throughout Chicago. To [receive a free consultation](https://nslslaw.com/contact-us.html) with our [Chicago wrongful termination attorneys](https://nslslaw.com/chicago-wrongful-termination-attorney.html), contact North Suburban Legal Services at 312-909-6089. Let us help you protect your rights and hold your employer accountable for unlawful termination. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Wrongful Termination Attorney --- ### [How To Prove Wrongful Termination In Illinois](https://nslslaw.com/how-to-prove-wrongful-termination-in-illinois-2/) **Published:** August 14, 2026 **Author:** admin **Content:** Losing your job can feel unfair and overwhelming, but not every firing is illegal under Illinois or federal law. In Illinois, most jobs are at-will, so employers can let employees go for almost any reason, unless it breaks a law, contract, public policy, or protected right. The main issue is not just whether your employer treated you badly, but whether you were fired for an unlawful reason. We help [Chicago](https://www.chicago.gov/city/en.html) employees figure out if their termination involved retaliation, discrimination, whistleblowing, workers’ compensation, protected leave, wage complaints, or another protected issue. ## Identify The Protected Reason Behind The Firing To prove wrongful termination, you need to show that your firing was connected to a protected reason. It may be illegal if you were let go because of your race, color, religion, sex, pregnancy, sexual orientation, gender identity, national origin, disability, age, military status, protected leave, whistleblowing, wage complaints, workplace safety complaints, or another protected activity. Under [Title VII of the Civil Rights Act of 1964](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964), federal law prohibits employers from discriminating because of race, color, religion, sex, or national origin. Title VII also prohibits retaliation against an employee who opposes unlawful employment practices or participates in a charge, investigation, proceeding, or hearing under the statute. Illinois law also provides broad workplace protections under the Illinois Human Rights Act, including protections against unlawful employment discrimination and harassment under [775 ILCS 5/2-102](https://www.ilga.gov/Documents/legislation/ilcs/documents/077500050K2-102.htm). Timing is often important in these cases. For example, if you reported discrimination and were fired two weeks later, that timing could help your case. While timing alone is not enough, it can support your claim when combined with other evidence, like hostile comments, changing reasons for your firing, sudden discipline, unfair treatment, or a good performance record before your complaint. ### Preserve Documents Before They Disappear Evidence is key in wrongful termination cases. Keep your offer letters, employee handbook, job description, emails, texts, performance reviews, write-ups, schedules, pay records, commission records, leave requests, complaint records, witness names, and any paperwork about your termination. If you complained to HR, a supervisor, a government agency, or an outside investigator, save proof of that complaint too. Do not take confidential company files, trade secrets, private customer records, medical records, or any documents you are not allowed to have. It is important to know the difference between keeping your own employment records and taking protected company information. If you are not sure what you can keep, talk to an attorney before downloading or sending any materials. We also suggest writing a timeline while the details are still fresh in your mind. List the dates of complaints, meetings, discipline, praise, schedule changes, demotions, pay cuts, threats, and terminations. Note who was there, what was said, and what documents might exist. A clear timeline can help show if your employer’s reason for firing you is false or incomplete. ### Show That The Employer’s Reason May Be A Pretext Employers usually give a reason for firing someone. They might say it was because of poor performance, attendance problems, restructuring, misconduct, not enough work, insubordination, policy violations, or personality conflicts. To prove wrongful termination, you often need to show that this reason is not the real one, or that it does not fit the timing and facts. Evidence that the employer’s reason is not true can include good performance reviews followed by sudden discipline, treating employees outside your protected group differently, inconsistent explanations, not following company policy, missing paperwork, suspicious timing after a complaint, or comments that suggest bias or retaliation. For example, if you were fired for attendance but others with worse attendance were not, that could be important. In retaliation cases, what you did to trigger protection is often the main issue. Protected activities include reporting discrimination, asking for a reasonable accommodation, filing a workers’ compensation claim, reporting illegal actions, complaining about unpaid wages, reporting safety problems, or taking part in an investigation. The closer your firing is to the protected activity, the more important it is to look closely at the facts. ### Understand Retaliatory Discharge And Whistleblower Claims Illinois recognizes certain retaliatory discharge claims when an employee is fired for conduct protected by a clear public policy. One common example involves workers’ compensation. The Illinois Workers’ Compensation Act includes anti-retaliation protection at [820 ILCS 305/4(h)](https://www.ilga.gov/Documents/legislation/ilcs/documents/082003050K4.htm), which prohibits discharging or threatening to discharge an employee because the employee exercised rights under the Act. If you were fired after reporting a workplace injury, seeking medical treatment, or pursuing workers’ compensation benefits, the facts should be reviewed immediately. Illinois also has statutory whistleblower protections. Under the Illinois Whistleblower Act, [740 ILCS 174/15](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2495&ChapterID=57), an employer may not take retaliatory action against an employee who discloses or threatens to disclose information to a public body, court, administrative hearing, or other public proceeding when the employee has a good-faith belief that the employer’s activity violates a law, rule, or regulation, or poses a substantial and specific danger to employees, public health, or safety. The Act also protects certain internal disclosures under 740 ILCS 174/15(c). These claims are fact-specific. The exact complaint, who received it, when it was made, what happened afterward, and what reason the employer gave for termination all matter. We help clients separate ordinary workplace conflict from conduct that may support a legal claim. ### Watch The Deadlines For Employment Claims Wrongful termination claims can involve strict deadlines. Federal discrimination and retaliation claims often require filing a charge with the Equal Employment Opportunity Commission before filing a lawsuit. Illinois Human Rights Act claims may require filing with the Illinois Department of Human Rights or another proper agency within the applicable deadline. Illinois recently extended the deadline to file certain civil rights charges with the Illinois Department of Human Rights from 300 calendar days to two years. Deadlines can be different depending on your claim, your employer, the facts, and which laws apply. Waiting can hurt your case even before the deadline because witnesses might leave, emails could be deleted, and memories can fade. If you think you were fired illegally, it is best to get legal advice as soon as possible. ## Call North Suburban Legal Services After A Wrongful Termination If you believe you were fired for an unlawful reason, North Suburban Legal Services can help you understand whether the facts may support a wrongful termination, retaliatory discharge, discrimination, whistleblower, or employment retaliation claim. We represent employees in Chicago and throughout the city of Chicago, Illinois. Our role is to review what happened, identify the protected legal issue, preserve evidence, and explain what steps may be available. To receive a free consultation, our [Chicago wrongful termination attorneys](https://nslslaw.com/chicago-wrongful-termination-attorney.html) at North Suburban Legal by calling [312-909-6089](tel:13129096089) to [receive your free consultation](https://www.nslslaw.com/contact-us.html). The sooner you speak with an attorney, the easier it may be to protect evidence, meet deadlines, and evaluate your employment-law claim. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Wrongful Termination Attorney --- ### [How Illinois Employment Lawyers Handle Hostile Work Environment Cases](https://nslslaw.com/how-illinois-employment-lawyers-handle-hostile-work-environment-cases/) **Published:** July 7, 2026 **Author:** admin **Content:** A toxic workplace can make each day difficult, but not every rude comment, unfair decision, or tough boss leads to a legal claim. In [Chicago](https://www.chicago.gov/city/en.html), to bring a hostile work environment case, you usually need to show that the harassment was connected to a protected trait like race, color, religion, sex, pregnancy, sexual orientation, gender identity, national origin, age, disability, or another protected status. Federal law, including Title VII of the Civil Rights Act of 1964, bans workplace discrimination based on race, color, religion, sex, and national origin. The EEOC says harassment is unlawful when unwelcome conduct based on a protected characteristic becomes a condition of employment or is severe or pervasive enough to create a hostile work environment. Illinois law also bans harassment and discrimination under the Illinois Human Rights Act, including [775 ILCS 5/2-102](https://www.ilga.gov/Documents/legislation/ilcs/documents/077500050K2-102.htm). We approach these cases by distinguishing between workplace unfairness and unlawful harassment, preserving evidence, checking deadlines, and building the claim on facts that employment law recognizes. ## We Start By Identifying The Protected Basis For The Harassment One of the first questions we ask is why the conduct happened. A hostile work environment case is not only about whether the workplace was unpleasant. It is about whether the harassment was connected to a protected category. Under federal law, EEOC guidance explains that harassment may be unlawful when it is based on race, color, religion, sex, sexual orientation, transgender status, pregnancy, national origin, age, disability, or genetic information. Under Illinois law, the Illinois Human Rights Act prohibits civil rights violations in employment and bars harassment and discrimination in covered workplaces. [775 ILCS 5/2-102](https://www.ilga.gov/Documents/legislation/ilcs/documents/077500050K2-102.htm) also addresses sexual harassment and employer responsibility in workplace harassment situations. This step matters because an employee may be treated badly for reasons that are unfair but not illegal. A boss may be harsh to everyone. A coworker may be rude. A manager may play favorites. Those facts can still matter, but a legal hostile work environment claim usually needs a link to protected status. We look for slurs, comments, jokes, repeated remarks, stereotypes, unwanted sexual conduct, unequal treatment, hostile messages, exclusion, threats, or assignments tied to the employee’s protected trait. ### We Review Whether The Conduct Was Severe Or Pervasive A single minor comment may not be enough to support a hostile work environment claim. Courts often look at whether the conduct was severe, pervasive, or both. We examine the frequency of the conduct, how offensive it was, who was involved, whether supervisors participated, whether the conduct affected the employee’s work, and whether the employer knew or should have known what was happening. Severe conduct may include physical threats, sexual assault, explicit racial or sexual comments, repeated humiliating conduct, or conduct that directly changes the employee’s ability to do the job. Pervasive conduct may involve repeated comments, ongoing sexual remarks, daily ridicule, constant slurs, or a pattern of hostility over time. We do not look at one fact in isolation. We review the entire workplace record because hostile work environment cases often depend on patterns. ### We Preserve The Evidence Before It Disappears Evidence can make or break a hostile work environment claim. We often ask clients to preserve emails, text messages, chat messages, screenshots, voicemails, calendars, work schedules, performance reviews, disciplinary notices, complaint records, HR reports, and names of witnesses. If there are offensive images, posts, recordings, meeting notes, or workplace messages, those records should be saved in a lawful way. We also look closely at timing. If an employee complained and then suddenly received discipline, worse assignments, reduced hours, exclusion, demotion, or termination, that may support a retaliation claim. Federal law makes it unlawful to retaliate against an employee for complaining about discrimination, filing a charge, or participating in an investigation. Illinois law also prohibits retaliation under the Illinois Human Rights Act. Evidence of timing, shifting explanations, and inconsistent discipline can be important. ### We Examine What The Employer Did After Notice An employer’s response often becomes a key issue. If the harasser was a supervisor, the legal analysis may be different than if the harasser was a coworker or non-employee. Under 775 ILCS 5/2-102, Illinois law addresses employer responsibility for sexual harassment and states that employers may be responsible for harassment by non-employees or non-managerial and non-supervisory employees if the employer becomes aware of the conduct and fails to take reasonable corrective measures. We review whether the employer had a policy, whether the employee reported the conduct, who received the complaint, whether HR investigated, whether witnesses were interviewed, whether the harasser was separated from the employee, and whether the conduct stopped. A weak or delayed response may support the claim. A paper policy means little if the employer ignores complaints or protects the person causing harm. ### We Review Filing Deadlines Before Taking Action Deadlines are critical in employment cases. For many federal employment discrimination claims, an employee must file a charge with the EEOC within 180 days, extended to 300 days when a state or local agency enforces a law prohibiting the same type of discrimination. Illinois has changed its state filing deadline. The Illinois Department of Human Rights now states that a charge of discrimination must be filed within two years of the alleged discriminatory action, except for fair housing matters. These deadlines can affect strategy. Some employees have federal, state, and local options. Chicago workers may also have rights under local ordinances, depending on the facts. We review the timeline early so the employee does not lose rights while trying to handle the matter internally. ## We Build The Case Around Damages And Remedies A hostile work environment case is not only about proving misconduct. We also document the harm. Damages may include lost wages, lost benefits, emotional distress, medical or counseling records, job search records, reputational harm, and other losses, depending on the facts and legal forum. If the employee was forced to resign because the workplace became intolerable, we review whether the facts may support a constructive discharge argument. We also discuss practical goals. Some clients want compensation. Some want accountability. Some need a clean separation, severance review, references, or protection from retaliation. We prepare the case based on the client’s needs, the evidence, and the law. ## FAQs About Hostile Work Environment Cases In Illinois ### What Counts As A Hostile Work Environment In Illinois? A hostile work environment usually involves unwelcome harassment tied to a protected trait, such as race, sex, religion, national origin, disability, age, pregnancy, sexual orientation, or gender identity. The conduct must be serious enough, frequent enough, or both, to affect the work environment. A difficult boss or unpleasant workplace is not always enough. We look for evidence that the treatment was discriminatory, repeated, threatening, humiliating, or severe. We also review whether the employer knew about the conduct and failed to correct it. ### Do I Need To Report Harassment To Human Resources Before Filing A Claim? It is often helpful to report harassment internally, but the best step depends on the facts. Reporting creates a record and gives the employer notice. That can matter if the employer later claims it did not know what was happening. A complaint should be clear, factual, and tied to the protected issue. For example, instead of saying “my boss is rude,” the complaint should identify the discriminatory comments, dates, witnesses, and conduct. If HR is involved in the harassment or the employee fears retaliation, we can discuss how to preserve rights before the complaint is made. ### What Evidence Should I Save For A Hostile Work Environment Case? Save emails, texts, chat messages, screenshots, voicemails, written complaints, HR responses, witness names, schedules, discipline records, performance reviews, and any documents showing changes after you complained. Keep records of dates, locations, who was present, what was said, and how the conduct affected your job. Do not secretly take confidential company documents or violate workplace policies to gather evidence. We can help decide what evidence may be useful and how to preserve it safely. ### Can I Bring A Claim If I Was Not Fired? Yes. A hostile work environment claim does not always require termination. The law may apply when harassment changes the terms or conditions of employment, even if the employee remains employed. However, termination, demotion, reduced hours, loss of pay, or retaliation after a complaint can add important facts. We look at the full pattern, including whether the employee’s work environment became abusive and whether the employer failed to take reasonable corrective action. ### What Is Retaliation In A Hostile Work Environment Case? Retaliation occurs when an employer punishes an employee for protected activity, such as complaining about discrimination, reporting harassment, filing an EEOC or IDHR charge, or participating in an investigation. Retaliation can include firing, demotion, schedule cuts, discipline, threats, exclusion, bad references, or sudden negative reviews. Timing matters. If the employer takes action soon after a complaint, that timing may support the claim, especially if the employer’s explanation is weak or inconsistent. ### How Long Do I Have To File A Hostile Work Environment Claim In Illinois? For many federal claims, the EEOC filing deadline is 180 days, extended to 300 days when a state or local agency enforces a similar law. Illinois now provides a two-year deadline to file many non-housing discrimination charges with the Illinois Department of Human Rights. Deadlines can vary based on the claim, employer, agency, and facts. We recommend speaking with an employment lawyer as soon as possible because waiting can weaken the evidence and create deadline problems. ### Can A Hostile Work Environment Case Settle Without Going To Trial? Yes. Many employment cases settle before trial. Settlement may occur before a charge is filed, during the agency process, after mediation, after litigation begins, or closer to trial. A settlement may include money, neutral references, confidentiality terms, separation terms, policy changes, or other negotiated provisions. Whether settlement is appropriate depends on the evidence, damages, employer response, and client goals. We prepare each case as if it may need to be proven, which can also improve settlement discussions. ## Call North Suburban Legal Services About A Hostile Work Environment Claim In Chicago If you are dealing with harassment at work and believe it is tied to a protected trait, we can help you understand your rights and next steps. North Suburban Legal Services represents employees in hostile work environments, harassment, discrimination, retaliation, and related employment claims in Chicago and throughout the city of Chicago, Illinois. We review the facts, preserve key evidence, evaluate filing deadlines, and help employees pursue fair results under federal and Illinois employment laws. To [receive your free consultation](https://www.nslslaw.com/contact-us.html), contact our [Chicago employment attorneys](https://nslslaw.com/practice-areas/employment.html) at North Suburban Legal by calling [312-909-6089](tel:13129096089). ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Employment Attorney --- ### [Signs You May Be Experiencing Sex Discrimination At Work](https://nslslaw.com/signs-you-may-be-experiencing-sex-discrimination-at-work/) **Published:** June 22, 2026 **Author:** admin **Content:** Many people think workplace discrimination only happens through obvious harassment or offensive remarks, but sex discrimination is often much more subtle. It can show up over time in hiring, promotions, scheduling, discipline, or policies that treat one gender differently. Employees may notice certain coworkers regularly get better assignments, bigger raises, leadership roles, or more support, even when everyone has similar qualifications and performance. Federal law under Title VII of the Civil Rights Act of 1964, [42 U.S.C. § 2000e-2](https://www.law.cornell.edu/uscode/text/42/2000e-2), makes it illegal for employers to discriminate based on sex in hiring, firing, pay, promotions, and other job conditions. Illinois law also protects workers through the Illinois Human Rights Act under [775 ILCS 5/2-102](http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=077500050K2-102). We often hear from employees who wonder if what they experienced is serious enough to count as unlawful discrimination. Over time, repeated unfair treatment, hostile remarks, retaliation, or being left out of opportunities can cause real professional and emotional harm. Sex discrimination can happen in almost any field, including healthcare, education, construction, manufacturing, finance, hospitality, transportation, and management jobs across [Chicago](https://www.chicago.gov/city/en.html) and Illinois. ## Unequal Pay And Promotion Decisions May Raise Concerns A common sign of sex discrimination is when pay or promotion opportunities are not equal. Some employees find out that coworkers of a different gender doing similar work get paid more, receive bigger bonuses, or are promoted faster, even though their qualifications and experience are similar. The federal Equal Pay Act under [29 U.S.C. § 206(d)](https://www.law.cornell.edu/uscode/text/29/206) bans wage discrimination based on sex for jobs that are basically the same and done under similar conditions. Discrimination can also happen when employers keep passing over qualified employees for leadership jobs and instead promote less qualified people of another gender. In some places, women might be left out of client-facing roles, management paths, or high-earning assignments because of stereotypes about leadership, pregnancy, parenting, or what is expected at work. Men can also face discrimination if there are assumptions about caregiving or gender roles. Employers are not allowed to make job decisions based on stereotypes about sex or gender. ### Harassment And Hostile Work Environments Can Violate The Law Sex discrimination sometimes involves inappropriate comments, sexual harassment, offensive jokes, unwanted touching, or repeated conduct creating an intimidating work environment. Sex discrimination can include inappropriate comments, sexual harassment, offensive jokes, unwanted touching, or repeated actions that make the workplace feel intimidating. Both Title VII and the Illinois Human Rights Act ban unlawful harassment at work based on sex. Harassment can come from supervisors, coworkers, clients, vendors, or managers, depending on the situation. ### Pregnancy And Family-Related Discrimination Remain Serious Issues Federal and Illinois laws also make it illegal to discriminate because of pregnancy, childbirth, or related medical conditions. The Pregnancy Discrimination Act changed Title VII to ban discrimination in job decisions related to pregnancy. Illinois employers must also follow the Illinois Human Rights Act, which protects pregnant workers and covers workplace accommodations. Sometimes, employees notice they are treated worse soon after sharing news of a pregnancy or asking for medical leave. This can include fewer hours, demotions, write-ups, being left out of projects, or sudden criticism after telling their employer about a pregnancy. Employers usually cannot push pregnant workers out of their jobs because of assumptions about safety, productivity, or future plans. ### Retaliation After Complaints May Create Additional Legal Claims Many employees worry about retaliation after reporting discrimination or filing complaints with HR. Sadly, retaliation often happens after someone reports sex discrimination or takes part in a workplace investigation. Both Title VII and Illinois law make it illegal for employers to retaliate against workers who report unlawful conduct at work. Retaliation can include being fired, demoted, given fewer hours, scheduled for less desirable shifts, disciplined, left out of meetings, or treated badly after making a complaint. Some employers try to explain these actions by suddenly bringing up performance problems that were never mentioned before. The timing of these actions is often important evidence in retaliation cases. ## Documentation May Become Important In Employment Claims If you think you might be facing sex discrimination, try to save emails, text messages, performance reviews, disciplinary notes, schedules, witness names, and any written complaints. Keeping this documentation can be very helpful in showing patterns of unfair treatment or retaliation. Every job situation is unique, and not all unfair decisions break the law. Still, if you notice repeated unequal treatment related to gender, pregnancy, complaints, or harassment, it’s important to take your concerns seriously. Talking to an attorney can help you understand your rights and what legal options you may have under federal and Illinois law. ## Sexual Discrimination FAQs ### What Is Considered Sex Discrimination At Work? Sex discrimination means being treated unfairly because of your gender, sex, pregnancy, sexual orientation, gender identity, or other protected traits under federal or Illinois law. It can show up in hiring, promotions, pay differences, discipline, harassment, scheduling, or being fired. ### Can Men Bring Sex Discrimination Claims? Yes. Federal and Illinois laws protect employees of all genders from discrimination. Men can also bring claims if they face unfair treatment, harassment, stereotypes, or retaliation related to sex discrimination. ### What Should I Do If My Employer Retaliates Against Me? If you face retaliation after reporting discrimination, you may have more legal claims. Save emails, disciplinary notes, schedules, performance reviews, and any other documents related to the retaliation. Talking to an employment lawyer early can help protect your evidence and your rights. ### Is Unequal Pay Always Illegal? Not always. Employers can pay employees differently for valid reasons like seniority, education, experience, performance, or how work is measured. But if pay differences are mostly because of sex, that may break the Equal Pay Act or other discrimination laws. ### Are Pregnancy-Related Employment Actions Illegal? Employers generally cannot discriminate against employees because of pregnancy, childbirth, or related medical conditions. Employers may also have obligations involving reasonable accommodations and protected leave depending on the circumstances. ### Do I Need Direct Evidence To Prove Discrimination? No. Many discrimination cases rely on circumstantial evidence, patterns of conduct, inconsistent explanations, witness testimony, timing, comparative treatment, or internal communications rather than direct admissions of discrimination. ### How Long Do I Have To File A Claim? Deadlines vary depending on whether claims are filed through the Equal Employment Opportunity Commission, the Illinois Department of Human Rights, or court proceedings. Waiting too long may affect your ability to pursue a legal claim. ## Call Our Chicago Employment Law Attorneys For Legal Help Sex discrimination can affect your career, financial stability, professional reputation, and emotional well-being. North Suburban Legal Services represents employees in Chicago and throughout Illinois involving workplace discrimination, retaliation, wrongful termination, and hostile work environment claims under federal and Illinois employment laws. Contact our [Chicago employment law attorneys](https://nslslaw.com/practice-areas/employment.html) at North Suburban Legal by calling [312-909-6089](tel:13129096089) to [receive your free consultation](https://www.nslslaw.com/contact-us.html). The firm represents clients in Chicago and throughout Illinois in cases of workplace discrimination, retaliation, and employment law disputes. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Sex Discrimination Lawyer --- ### [The Family And Medical Leave Act: What Is It And Am I Eligible?](https://nslslaw.com/the-family-and-medical-leave-act-what-is-it-and-am-i-eligible/) **Published:** May 7, 2026 **Author:** admin **Content:** The [Family and Medical Leave Act](https://www.dol.gov/agencies/whd/fmla) (FMLA) is a federal law that grants eligible employees unpaid, job-protected leave for specific medical and family reasons. Many employees in [Chicago](https://www.chicago.gov/city/en.html) and Illinois are unsure about their eligibility or the law’s protections. We frequently assist individuals concerned about job security after requesting leave for a serious health condition, family care, or the arrival of a new child. These concerns are understandable, particularly when employers do not comply with the law or retaliate against employees who assert their rights. Understanding the FMLA is crucial if you suspect your rights have been violated. Our attorneys help employees enforce these protections and pursue claims against unlawful employer actions. ## What The Family And Medical Leave Act Provides The FMLA is codified under [29 U.S.C. § 2601](https://www.law.cornell.edu/uscode/text/29/2601). It allows eligible employees to take up to 12 weeks of unpaid leave within a 12-month period for qualifying reasons. These reasons include a serious health condition that prevents you from performing your job, caring for a spouse, child, or parent with a serious health condition, the birth or adoption of a child, or certain military-related circumstances. One of the most important protections under the FMLA is job restoration. When you return from leave, your employer must generally restore you to the same position or an equivalent one with similar pay, benefits, and responsibilities. The law also requires employers to maintain group health insurance coverage during the leave period under the same terms as if you had continued working. ### Who Is Eligible For FMLA Leave Not every employee qualifies for FMLA protections. To be eligible, you must work for a covered employer and meet certain requirements. Covered employers include private employers with at least 50 employees within a 75-mile radius, as well as public agencies and schools. You must also have worked for your employer for at least 12 months and completed at least 1,250 hours in the 12 months before your leave. These requirements are strictly enforced, and even minor gaps can affect eligibility. We assist clients in reviewing their employment history to determine if they meet these criteria. ### What Qualifies As A Serious Health Condition A serious health condition under the FMLA generally involves an illness, injury, impairment, or physical or mental condition that requires inpatient care or continuing treatment by a healthcare provider. This may include chronic conditions, recovery from surgery, pregnancy-related conditions, or conditions that require ongoing medical supervision. Employers may dispute whether a condition qualifies, leading to disagreements. Medical certification is typically required, and employers must follow established procedures when requesting documentation. Improper denials based on misinterpretation of medical conditions may provide grounds for a legal claim. ### Employer Responsibilities And Common Violations Employers have clear obligations under the FMLA. They must inform employees of their rights, provide required notices, and respond appropriately to leave requests. They cannot interfere with, restrain, or deny the exercise of FMLA rights under [29 U.S.C. § 2615](https://www.law.cornell.edu/uscode/text/29/2615). Common violations include denying valid leave requests, discouraging leave, failing to reinstate employees, and retaliating against those who request or take FMLA leave. Retaliation can involve termination, demotion, reduced hours, or other adverse actions. ### Illinois Laws That May Provide Additional Protections While the FMLA is a federal law, Illinois employees may also have protections under state law. The Illinois Human Rights Act ([775 ILCS 5/](https://www.ilga.gov/legislation/ILCS/details?MajorTopic=&Chapter=&ActName=Illinois%20Human%20Rights%20Act.&ActID=2266&ChapterID=64&ChapAct=775+ILCS+5%2F&SeqStart=600000&SeqEnd=1800000)) prohibits discrimination based on disability and may apply when a medical condition is involved. In some cases, employers must provide reasonable accommodations in addition to FMLA leave. The Illinois Employee Sick Leave Act ([820 ILCS 191/](https://law.justia.com/codes/illinois/chapter-820/act-820-ilcs-191/)) allows employees to use accrued sick leave for certain family care purposes. These laws can work alongside the FMLA and provide additional support depending on the circumstances. ### What To Do If Your FMLA Rights Are Violated If your employer denied your leave, failed to restore your position, or took action against you for requesting leave, you may have a legal claim. Document all communications with your employer, including emails, notices, and any disciplinary actions after your request. Timing is critical. Retaliatory discharge claims and FMLA violations are subject to strict deadlines. We review the facts and employment records to determine if your rights were violated under federal or Illinois law. ## Illinois FLMA Claim Frequently Asked Questions ### What Happens If My Employer Denies My FMLA Leave Request? If your employer denies your request, first confirm you met eligibility requirements and provided proper documentation. Employers must follow specific procedures when evaluating leave requests. If the denial was based on incorrect information or improper standards, you may have a claim for interference under federal law. We review the denial, assess compliance, and advise on next steps. ### Can I Be Fired For Taking FMLA Leave? No. The FMLA prohibits employers from retaliating against employees for taking or requesting leave. If you were terminated soon after requesting or taking leave, this may indicate retaliation. Employers must support any other reasons for termination with evidence. We review the circumstances to determine if your termination was lawful. ### Do I Get Paid While On FMLA Leave? FMLA leave is generally unpaid. However, employees may use accrued paid time off, sick leave, or vacation during their leave. In some cases, short-term disability benefits may also apply. We help clients understand how these benefits interact with FMLA leave. ### What If My Employer Refuses To Give Me My Job Back? If your employer does not restore you to your position or an equivalent one after your leave, this may violate the FMLA. While there are limited exceptions, most employees are entitled to reinstatement. We assess whether the employer had a valid reason and complied with the law. ### How Much Notice Do I Need To Give Before Taking Leave? If the need for leave is foreseeable, employees are generally required to provide at least 30 days’ notice. If the need is unexpected, you must notify your employer as soon as practicable. Employers may have specific policies, but those policies must comply with federal law. ### Can My Employer Request Medical Documentation? Yes. Employers may require medical certification to support your leave request. However, they must follow specific guidelines and cannot request unnecessary or overly intrusive information. Improper handling of medical documentation can also lead to legal issues. ## Call Our Chicago FLMA Attorneys Today If your employer denied your FMLA leave, failed to restore your position, or took action against you after you exercised your rights, you do not have to face this situation alone. Our attorneys represent employees in Chicago and throughout Illinois in retaliatory discharge and employment law matters. We are ready to evaluate your situation and determine if your rights were violated.If you believe your rights under the Family and Medical Leave Act were violated, contact our [Chicago employment attorneys](https://nslslaw.com/practice-areas/employment.html) at North Suburban Legal by calling [312-909-6089](tel:13129096089) to [receive your free consultation](https://nslslaw.com/contact-us.html). We represent clients throughout the city of Chicago and across Illinois, and we are ready to review your case and explain your legal options. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Employment Lawyers --- ### [How To Prove Wrongful Termination In Illinois](https://nslslaw.com/how-to-prove-wrongful-termination-in-illinois/) **Published:** December 12, 2023 **Author:** admin **Content:** Illinois is an [employment-at-will state](https://labor.illinois.gov/faqs.html#:~:text=4.-,Can%20an%20employer%20terminate%20me%20without%20advance%20notice%20or%20without,without%20any%20reason%20or%20cause.), so the employer can terminate you without cause or reason. However, it is illegal for an employer to discriminate against an employee because of their color, race, sex, national origin, ancestry, age, citizenship status, disability, or marital status. If you suspect you have been discriminated against and fired, learn how to prove wrongful termination below. Then, our [wrongful termination lawyers in Chicago](https://nslslaw.com/wrongful-termination-lawyers.html) at North Suburban Legal Services would like to speak with you about filing a claim. Our team is experienced with wrongful termination litigation and can get you impressive results. ## What Is Wrongful Termination In Illinois? There are many types of termination in Illinois that are against the law. First, it is illegal to fire you because of discrimination. Wrongful termination also comes into play when there is a violation of your employment contract, retaliation for protected actions, and termination for taking time from work. ## Proving Wrongful Termination If you suspect wrongful termination, you must prove that you were illegally fired. You will need substantial proof to substantiate your allegation. Critical evidence could include emails, memos, witness statements, performance reviews, meeting minutes, and recordings. Also, if you have seen other employees terminated for questionable reasons in the past, you should make note of this. Collect all the evidence you have in your possession and turn it over to your attorney. ## What Should You Do If Wrongfully Terminated? To file a discrimination lawsuit, you must go through the administrative process first. This means filing a discrimination complaint with the relevant government authority. In Illinois, the Illinois Department of Human Rights enforces the state’s discrimination laws. The first step is to file your case with the [Equal Employment Opportunity Commission](https://www.eeoc.gov/filing-charge-discrimination) (EEOC). Once the case is considered, it can file a lawsuit on your behalf. If the EEOC rules against you, you could have the option to file a lawsuit in the relevant circuit court. Working with an employment discrimination attorney from the start is usually helpful to ensure you have the best chance of resolving the matter with the EEOC. Your lawyer will help you draft your complaint and follow up to ensure the case stays on track. They also can help you file a lawsuit if needed. ## Examples Of Wrongful Termination Many scenarios could be wrongful termination. For example, suppose [you went on medical leave](https://nslslaw.com/examples-of-wrongful-termination.html), and your employer fired you while you were out. Could the termination be because of downsizing or layoffs? Possibly, but it also could be illegal termination. You also have a valid case if you got a demotion, a negative performance review without cause, or put into a new role when you returned that pays less than your old one. While your job does not have to be kept for you while on leave, they must offer you a similar one. ## Contact Our Wrongful Termination Lawyers In Chicago Do you think you were fired for an illegal reason? While Illinois is an at-will employment state, your employer cannot fire you because of your race, sex, marital status, sexual orientation, nationality, etc. Speak to our wrongful termination lawyers in Chicago at [North Suburban Legal Services](https://nslslaw.com/contact-us.html) today at (312) 909-6089 if you have a discrimination case. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Wrongful Termination Lawyer --- ### [What You Should Know About ADA Compliance In The Workplace](https://nslslaw.com/what-you-should-know-about-ada-compliance-in-the-workplace/) **Published:** December 5, 2023 **Author:** admin **Content:** Do you suspect you were passed over for a promotion or job because you are disabled? Do you receive harassment on the job because of a disability? Then, you may have suffered disability discrimination, which is illegal under the [Americans With Disabilities (ADA) Act](https://www.ada.gov/). You have protections under the ADA and may be entitled to damages in a disability discrimination lawsuit. Learn about ADA compliance in the workplace below, then contact an [ADA compliance attorney](https://nslslaw.com/chicago-disability-discrimination-lawyers.html) at North Suburban Legal Services if you have legal questions. ## Disability Overview Under The ADA The ADA defines disability and what companies must do to accommodate people with disabilities. ‘Disability’ under the ADA means a mental or physical impairment that substantially limits your ability to engage in one or more major life activities. It includes people who have a history of that impairment, even if they do not have that disability today. It also consists of those who have a limiting disability but might not be practically disabled. Keep in mind that being disabled, according to the Americans With Disabilities Act, is different from many other programs, including Social Security. Some of the major life activities included in the ADA include eating, working, breathing, speaking, hearing, seeing, bending, standing, lifting, learning, concentrating, communicating, and reading. Also, a person can be considered disabled under the law if they have a severe condition that affects a major bodily function, such as the: - Immune system - Digestive system - Endocrine system - Reproductive system - Circulatory system - Bladder and bowel - Neurological and brain system # How Disability Discrimination Is Defined Under The ADA According to the ADA, a company cannot discriminate against someone based on a disability. This applies to the following areas of employment: - Job application and hiring - Advancement - Job training - Compensation - Leave - Benefits - Discharging The employer cannot ask during hiring if you have a disability or how severe it is. Also, it is illegal under the ADA for a worker or job applicant to be harassed because they have a disability. Furthermore, they should not get questions about their medical history or be coerced to take a medical examination as a condition of employment. ## Reasonable Accommodations The ADA states that a reasonable accommodation is an adjustment or modification to a job, work environment, or hiring/application process. An accommodation helps a disabled person obtain employment and do their job successfully. There are many examples of reasonable accommodations. Some examples may include: - Installing a wheelchair ramp at the office entrance - Modifying the employee bathroom to be ADA-compliant - Changing the office layout to be more accommodating for someone in a wheelchair - Offering screen reader software - Changing a worker’s schedule so they can go to medical appointments - Providing video communication for people who are deaf - Allowing a worker to sit for part of the day ## Contact An ADA Compliance Attorney Near Me If you think you have been discriminated against in the workplace due to your disability, you do not have to tolerate it. You are protected from workplace discrimination under the ADA. Our ADA compliance attorney at [North Suburban Legal Services](https://nslslaw.com/contact-us.html) may be able to file a claim against your employer and obtain compensation for your losses. Call our office today at (312) 909-6089. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** ADA Compliance Attorney --- ### [How To Document And Prove Disability Discrimination](https://nslslaw.com/how-to-document-and-prove-disability-discrimination/) **Published:** November 13, 2023 **Author:** admin **Content:** Disability discrimination is against state and federal law. If you have been mistreated at work for a disability, do not delay: Hire an experienced Chicago disability discrimination attorney today. You are protected by the [Americans with Disabilities Act (ADA)](https://www.eeoc.gov/laws/guidance/fact-sheet-disability-discrimination) from workplace discrimination based on disability. Your employer must also offer reasonable accommodations to you if you have a disability. However, documenting and proving disability discrimination is challenging, so follow the steps mentioned in this article. North Suburban Legal Services is an experienced disability discrimination law firm and is available for legal advice now at (312) 313-4038. ## The ADA Protects You Against Disability Discrimination The ADA was passed into federal law in 1990, protecting workers and job applicants from discrimination because of a disability. According to the law, a disabled person has a mental or physical impairment that limits one or more major life activities. It also means you have a history of mental or physical impairment or are regarded as having such a disability. An individual who falls into one of these categories is qualified for the position, can perform the job’s functions, and is safeguarded from disability discrimination in these areas: - Hiring - Firing - Job application process - Conditions - Compensation - Job training - Advancement - Work conditions The law applies to state and local governments, private employers, labor unions, employment agencies, and federal agencies. However, the ADA only applies to organizations with [15 or more workers](https://www.eeoc.gov/publications/ada-your-responsibilities-employer#:~:text=The%20part%20of%20the%20ADA%20enforced%20by%20the%20EEOC%20outlaws,employees%20after%20July%2026%2C%201994.). ## What Is Reasonable Accommodation? Another critical aspect of the ADA is that companies must make reasonable accommodations for a worker with a disability. A reasonable accommodation is a change to a job procedure or work environment that could help someone with a disability fulfill the duties of that job. Some examples of reasonable accommodations that employers need to make under the ADA are: - Making an existing workplace more accessible and usable for someone with a disability. - Restructuring a job - Modifying someone’s work schedule - Reassigning someone with a disability to a more appropriate position - Modifying devices or equipment - Changing training materials, policies, etc. - Offering interpreters or qualified readers for those with hearing or vision disabilities ## Documenting and Proving Disability Discrimination It is clear that disability discrimination is against the law, and employers must make reasonable accommodations for those with disabilities. But how do you prove disability discrimination occurred? First, it is critical to lay the groundwork for potentially filing a disability discrimination claim. This means proving that you have a disability. Then, you need to show that the position that you have or are applying for is one that you are qualified for. If you can prove these facts, you can begin to collect evidence to show that disability discrimination occurred. For example, suppose you are a factory worker and have a disability that causes you regular back pain. You ask your employer for reasonable accommodation for your disability, such as taking extra breaks or being able to sit for part of your shift. Your requests are denied. You should collect any available documentation showing you made this request and your supervisor denied it. Another possibility would be if you applied for a promotion, you had all of the required skills and experience, but you were passed over for someone without a disability. You should gather evidence of your skills and experience and other evidence that shows that another party without a disability was promoted in your place. Other possible examples of disability discrimination and potential ways to prove it are: ### Accommodation Requests Were Reasonable And You Did Not Receive A Response Sometimes, an employer will simply not respond to your request for reasonable accommodations. You should keep all documentation that you followed the correct procedures for making a reasonable accommodation request and that it is reasonable. However, if you asked for accommodations that are too expensive or difficult to make, you may not have a strong case. ### Being Belittled For A Disability Were you regularly belittled at work for your disability? This should be documented carefully. For instance, write down the names of everyone who demeaned or belittled you and the times and dates it occurred. Also, note the things that were said. If you have co-workers who saw or heard these things happen, talk to them about offering a statement that can support your discrimination claim. Also, anything you can find in writing supporting this claim will help show that harassment and discrimination took place. ### Requested To Take Additional Medical Examinations Suppose you are asked in a job interview to take extra medical exams to show that a disability exists. Or the interviewer asks extensive questions about your disability. You should write down these occurrences because they could be grounds for a discrimination claim. ### Employer Reacts Negatively To Your Disability Discrimination Claim Did you file a disability discrimination claim against your company and receive a hostile response at work? For example, after filing the claim, were you mocked on the job or denied a raise or promotion? You should document these facts to show that potential violations of the ADA have occurred. ## What Your Lawyer Needs To Prove Disability Discrimination To prove that disability discrimination occurred, your [Chicago disability discrimination attorney](https://nslslaw.com/chicago-disability-discrimination-lawyers.html) must show that your company treated you differently than other employees without disabilities. Your attorney could prove that you were given different job duties, denied access to advanced job opportunities, or treated negatively, which affected your ability to work. Also, they must show that this mistreatment occurred because of your disability, which can be done by collecting some of the evidence mentioned earlier in this article. If your attorney can prove disability discrimination, you could be entitled to damages, such as attorney’s fees and back pay. ## Speak To Our Disability Discrimination Attorneys In Chicago It can be highly stressful and traumatic to suffer disability discrimination at work. If you suspect disability discrimination, filing a civil lawsuit against the party that harmed you can help get you the compensation you deserve. If you want to discuss your possible disability discrimination case today, our Chicago disability discrimination attorneys at [North Suburban Legal Services](https://nslslaw.com/contact-us.html) have the expertise and experience to assist you. Just call us today for a consultation at (312) 313-4038. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Disability Discrimination Attorney --- ### [Examples Of Employment Discrimination You Can Be Compensated For](https://nslslaw.com/examples-of-employment-discrimination-you-can-be-compensated-for/) **Published:** October 31, 2023 **Author:** admin **Content:** Imagine going to work one day in Chicago, and overhearing colleagues making negative comments about your age. Then, the following week, you find out you were passed over for a promotion for a younger worker with less seniority than you do. Is this employment discrimination? It could be, and if it is proven, you could be entitled to compensation in a work discrimination lawsuit. Read more in this article about examples of employment discrimination. If you have specific questions, our [Chicago employment discrimination attorney](https://nslslaw.com/employment-discrimination-lawyers.html) at North Suburban Legal Services has a strong track record of standing up to employers and protecting employees’ civil rights. ## Employment Discrimination Is Against Illinois Law The [Illinois Human Rights Act](https://dhr.illinois.gov/filing-a-charge/faq-section-ii.html#:~:text=The%20Act%20prohibits%20discrimination%20based,%29%2C%20physical%20or%20mental%20disability%2C) bans discrimination at work based on certain protected classes. These include race, religion, sex, national origin, age, order of protection status, marital status, disability, or sexual orientation. The Act also bans work discrimination based on citizenship status, pregnancy, and arrest record. Some types of employment discrimination are obvious, but many are subtle. The following are examples of possible employment discrimination to watch for. If you think you were discriminated against, your Chicago employment discrimination attorney can review the evidence and determine if you have a case. ## Examples Of Employment Discrimination As stated earlier, companies may not discriminate against you when enforcing job policies or privileges. Also, they cannot discriminate against you when they offer promotions, pay raises, vacation time, or incentives. Examples include: - Choosing a worker for a position or making them retire based on age or race. - Denying employment to a candidate because they are pregnant. - Putting words in job advertisements that will make people in protected classes not apply. For example, it is illegal to advertise a job only for women who cannot become pregnant. - Not being promoted because you are too old or too young. - Reducing medical or health benefits for someone because of their sex. - Making comments about someone’s age or race at work. This may violate employment discrimination laws if supervisors or co-workers do it. Furthermore, it is against the law for an employer to engage in intimidation or harassment. The employer also cannot retaliate against an employee for filing a lawsuit, joining a union, reporting discrimination, or participating in a workplace discrimination survey. ## How Do You Prove Workplace Discrimination? You most likely need to be in a protected class to prove workplace discrimination. Generally, you must show the court that you were treated unfairly by your company or potential company because you belong to a protected class. If the employer regularly mistreats protected class members, your case can be stronger. You and your employment discrimination attorney need to show that the company decided to treat you differently because you are in a protected class. However, few employers will admit they willingly engaged in employment discrimination. The company will likely argue that its actions were driven by something unrelated to employment discrimination. For example, if you think you were not hired because you are too young, this could be discrimination. However, the employer may argue that they did not hire you because you didn’t have the correct skills for the role. Or, the company may claim there were superior or more qualified job candidates, and you were not hired on that basis. If you are to win your discrimination case, there must be strong evidence that shows the company’s true intentions and motivations. For example, you may need written proof that they intended to discriminate against you, such as an email or memo. You also could prove your case with corporate handbooks or policies, employment contracts, or job offers. ## How To Make An Employment Discrimination Claim? When you suspect employment discrimination, the first step should be to contact your HR department. You must try all administrative avenues before pursuing a discrimination lawsuit. Talk to your employer and try to address the alleged discriminatory action before taking further steps. The next step is to submit a discrimination complaint through the relevant government agency if you cannot solve the matter administratively. Most workers file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is required to investigate the matter and determine if discrimination may have occurred. The agency will mail you a letter stating you have a right to sue if the matter has merit. With that letter, you can hire our Chicago employment discrimination attorney to fight for your rights. Another option is to file an employment discrimination claim with the Illinois Department of Human Rights (IDHR), the state agency responsible for enforcing work discrimination laws. The IDHR protects workers in the state by investigating employment discrimination charges filed against companies, government agencies, employment agencies, and unions. ## Do You Need An Attorney For A Work Discrimination Case? If you cannot address the matter administratively with your employer, you should talk to an Illinois discrimination attorney if you are in a protected class and suspect you were discriminated against. Your attorney will investigate the alleged discrimination and collect evidence for a potential claim. ## You Have A Limited Time To File A Claim You have a limited time to act when you think you are discriminated against at work. Federal workers must file their claim within 45 days of the alleged incident. Other employees must file within 180 days with the IDHR or 300 days with the EEOC. If you have any questions about filing your employment discrimination claim, our North Suburban Legal Services attorneys can guide you. ## Our Chicago Employment Discrimination Attorney Is Ready To Help The bottom line on employment discrimination is that it is illegal on the job and during the hiring process. You also must be offered reasonable accommodations to do your job if you are disabled. If you believe you have been discriminated against at work, you do not have to be silent and tolerate it. Our Chicago employment discrimination attorneys at North Suburban Legal Services can now be reached for a[ legal consultation](https://nslslaw.com/contact-us.html) at (312) 909-6089. We will review your potential discrimination case and outline your legal options. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Employment Discrimination Attorney --- ### [Examples Of Wrongful Termination](https://nslslaw.com/examples-of-wrongful-termination/) **Published:** October 16, 2023 **Author:** admin **Content:** You may have been an exemplary employee and received outstanding performance reviews and regular promotions. But suddenly, you were fired for no apparent reason, and a co-worker replaced you. You are probably shocked and confused and may think you were wrongfully terminated. However, it takes considerable evidence to prove wrongful termination, so it is best to speak to an attorney with expertise in this area. If you think you were wrongfully terminated, you should outline your case to our[ Chicago wrongful termination attorney](https://nslslaw.com/chicago-wrongful-termination-attorney.html) at North Suburban Legal Services today. ## What Is Wrongful Termination? As mentioned at the top of this article, the firing must have been illegal. Under the law, it is insufficient to have ‘a feeling’ that you were wrongfully fired – you must prove it. In Illinois, you can file a wrongful termination claim if you were fired, and you can prove: - Discrimination: It is against state and federal law to discriminate against someone because they are in a protected class, which includes nationality, gender, race, gender identity, pregnancy, age, marital status, and disability. - Breach of contract: If you had a contract with your employer that was breached because you were fired, it may be wrongful termination. But, if you had a contract with an end date for your services, you are considered an independent contractor, not an employee. - Taking leave: You cannot be terminated for taking leave that you are legally entitled to, such as vacation time or medical leave. - Retaliation: A worker cannot be fired for engaging in a protected action, such as protesting against the company, whistleblowing, or filing a discrimination claim. - Public policy: You cannot be fired for reasons contrary to public policy, usually based on retaliatory discharge. Examples are not performing sexual favors for managers, filing for workers’ comp, and serving on a jury. ### Examples Of Legal Termination It is important to remember there are many legal reasons you can be terminated in Illinois. Some of them include work quality, work performance, workplace behavior, lack of productivity, unprofessional behavior, being late, insubordination, and creating a hostile work environment. ### Examples Of Wrongful Termination Many possible scenarios could be wrongful termination. Here are a few: #### Dismissed While On Leave Suppose you took family or medical leave, and your employer terminates you while you are gone. It is possible that you were let go as part of a downsizing plan or layoff, but it also could be wrongful termination. You also could have a valid claim if you were demoted, put under a performance review for no reason, or put into a new role when you got back that was lower than your current one. While your position does not have to be held while you are out, a comparable role must be offered. If you are put in a lower position that does not have the same impact as your earlier one, you should consider filing a claim. #### You Were Discriminated Against At Work Some employees think that if they work for a company for years and are suddenly fired, it cannot be based on discrimination. But that is not true. Sometimes, a new owner or management could take over and decide to fire you for an illegal reason. Here is another possibility: You have been with the company for six months, and no one has met your significant other. Then, you and your partner go to a company event together, and they see that you are the same sex or your partner is dressed in religious apparel. The following week, you are fired. The employer may have been unaware of who your partner was before that event. The firing may be related to the person with whom you have a personal relationship. #### You Report Illegal Activities At Work If you offered proof of illegal activities on the job and were fired, it could be wrongful termination. For example, suppose you report that an executive was filing false benefit claims or your supervisor authorizes hazardous waste dumping behind your building. These are legitimate whistleblower activities, and you cannot be fired for them. #### Someone Slandered You Defamation occurs when someone publishes inaccurate information about you on purpose, which can affect your status in society or image. You could claim you were unfairly fired if your boss said something defamatory about you when you were fired. You might be able to win a defamation lawsuit because those false accusations make it harder for you to find another job. #### You Had A Contract And Were Fired There often are provisions in a contract that state why you can be fired from a position. If you think you were fired for a reason that is not in your contract, you may be able to claim illegal termination. ### How To Prove Wrongful Termination A wrongful termination case can be challenging to prove in Illinois because most employees are ‘at will.’ This means the employer can fire you without cause, so it can be difficult for the employee to gather convincing evidence alone. You should not usually represent yourself in a wrongful termination claim. It is usually best to speak to an experienced wrongful termination attorney to review the situation and determine if you have a strong case. ### What To Do If You Were Wrongfully Terminated If you want to file a wrongful termination lawsuit, you must try various administrative remedies first. Thus, you need to file a complaint with the correct agency. In Illinois, discrimination laws are overseen by the[ Illinois Department of Human Rights](https://dhr.illinois.gov/). The first step in your wrongful termination claim is to file your claim with the EEOC. That agency will consider the claim and determine whether the case should proceed. If the EEOC does not move forward, you should talk to an attorney about filing a lawsuit. ### Contact Our Chicago Wrongful Termination Attorneys If you were recently fired and you believe the reason for it was illegal, you have the right to take legal action. Consider filing a lawsuit with the help of a[ Chicago wrongful termination attorney](https://nslslaw.com/contact-us.html) at North Suburban Legal Services. Please call us for a case review today at (312) 909-6089. You should only attempt to handle a wrongful termination case with legal assistance. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Wrongful Termination Attorney --- ### [Are Single Mothers Protected From Workplace Discrimination in Illinois?](https://nslslaw.com/are-single-mothers-protected-from-workplace-discrimination-in-illinois/) **Published:** October 3, 2023 **Author:** admin **Content:** Many laws in the US and Illinois protect us from workplace discrimination. However, it is still common for some employers to discriminate against single mothers, which is illegal. If you are a single mother and think you were discriminated against at work, you should have your case reviewed by a [Chicago sex discrimination lawyer](https://nslslaw.com/chicago-sex-discrimination-lawyer.html) today. ## Why Does A Company Discriminate Against A Single Mother? Single mothers have to work hard to provide for themselves and their families. So, why should employers give them a hard time or discriminate against them? Unfortunately, an employer could see a single mother as a burden and someone not entirely dedicated to their job. Or, the firm may dislike that she has to leave work early to care for the children after school. Whatever the reasons the employer discriminates against a single mother, it is illegal at the state and federal levels. ## Common Discrimination Examples Against Single Mothers Workplace discrimination against a single mother can come in many forms. Some scenarios may be blatant, while others could be subtle: - You were fired from a job during maternity leave or for taking medical leave - Your employer does not offer sufficient flexibility to those who have children - You did not get a promotion because you are too busy with your children - Your employer lied about your performance to have an excuse to dismiss you ## Discriminating Against Single Parents Is Against Federal Law Being a single parent is not a protected class according to federal law. However, your company cannot ask if you are married when hiring you. Also, they cannot ask how many children you have or if you plan to have any. Filing a lawsuit for workplace or sex discrimination for alleged mistreatment can be challenging. After all, many employers will not advertise that they are treating you differently than your married co-workers. However, there are ways to see signs of possible discrimination. For example, suppose your manager makes a negative comment that you leave early to care for your child, even though you come in 30 minutes earlier in the morning. Or, you may hear negative feedback that you are not as attractive after pregnancy. The latter example could be a [sexual harassment case](https://dhr.illinois.gov/filing-a-charge/faq-section-ii.html), too. The [Pregnancy Discrimination Act of 1978](https://nationalpartnership.org/report/pregnancy-rights-in-workplace/#:~:text=The%20federal%20Pregnancy%20Discrimination%20Act,related%20to%20pregnancy%20or%20childbirth.) offers several protections to pregnant women that can extend to single mothers. The law expanded discrimination safeguards based on sex to include pregnancy-related issues. Therefore, you cannot be fired because you have children, and the employer has to offer reasonable accommodations when you are pregnant. ## Discrimination Is Against Illinois State Law The Illinois Human Rights Act makes it against the law for a company to discriminate against you based on many protected classes, including sex, pregnancy, childbirth, and related medical conditions. You also cannot be discriminated against based on race, color, national origin, ancestry, and marital status. The law also makes it illegal to aid and abet discrimination, which allows legal action against any party who caused the alleged discrimination to occur. ## What To Do If You Are Discriminated Against At Work If you believe you were discriminated against because you are a single mother or for any reason, there are steps you can take to [protect your rights](https://nationalpartnership.org/report/pregnancy-rights-in-workplace/#:~:text=The%20federal%20Pregnancy%20Discrimination%20Act,related%20to%20pregnancy%20or%20childbirth.). They are: - Write down the incident: Include precisely what happened, when, where, and who was involved. Also, write down who witnessed the alleged discrimination and keep a copy of this document in a secure place. - Review your employer’s policy about how to file discrimination complaints. Many employers have procedures and points of contact to file complaints. First, review the company handbook or ask an HR employee or supervisor about where to file. - If you can, talk about the alleged discriminatory incident with your manager or someone in the HR department. Explain what happened and ask how to file a complaint or obtain a satisfactory outcome. - File a complaint with your employer: This is usually done through the HR department, but if you have a union, you can do so through its grievance process. - File a complaint with the EEOC: You can contact the Equal Employment Opportunity Commission to understand your legal rights before filing the complaint. You usually need to file the complaint within 180 days of when it occurred. You also can call the [Illinois Sexual Harassment and Discrimination Helpline](https://shdh.illinois.gov/reporting.html#:~:text=Call%20the%20State%20of%20Illinois,Illinois%20Department%20of%20Human%20Rights.) at (877) 236-7703. - Consider filing a discrimination lawsuit: Talk to your sex discrimination lawyer about filing a lawsuit if other methods have not resolved the issue. ## What Happens After Filing An EEOC Complaint? After the charge is filed with the EEOC, the agency will give you a copy of the complaint, which includes a charge number. Within 10 days, the agency will mail your company a notice and copy of the complaint. At that time, the EEOC can do one of the following: - Ask you and the company to participate in a mediation program. - Ask your company to give a written response to the complaint and answer questions related to the charge. At that time, the complaint will be assigned to an investigator. - Dismiss the claim if the matter was not filed on time or the EEOC lacks jurisdiction. If the EEOC decides to investigate the case, it may interview witnesses and collect evidence. After the investigation is over, the agency will inform you and your company of the result. If the EEOC says that discrimination did not happen, they will send you a ‘right to sue’ letter, which allows you to file a lawsuit. If the agency decides that discrimination did happen, they will attempt to settle with your company. If a settlement is not possible, the case will be referred to the agency’s legal staff, who will decide whether the EEOC will file suit. The agency will provide you with a ‘right to sue’ letter if they do not. ## Contact Our Chicago Sex Discrimination Lawyer Sadly, workplace and sex discrimination still happen in many workplaces in Illinois. Be sure that you know your legal rights so you can act if you are discriminated against. [Contact our Chicago sex discrimination lawyers at North Suburban Legal Services](https://nslslaw.com/contact-us.html). We can review your discrimination case and may assist with financial recovery. To schedule a consultation, please call us today at (312) 909-6089. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Sex Discrimination Lawyer --- ### [Do I Need An Attorney To File An IRS Offer In Compromise?](https://nslslaw.com/do-i-need-an-attorney-to-file-an-irs-offer-in-compromise/) **Published:** September 18, 2023 **Author:** admin **Content:** When someone owes a substantial amount to the IRS, it might be possible to settle the tax debt with an [offer in compromise (OIC).](https://www.irs.gov/payments/offer-in-compromise) Paying off your tax debt with an OIC may help you avoid serious consequences for keeping tax debt, including property liens, wage garnishment, and tax liens. Learn more about an offer in compromise in this article, and if you have questions about an IRS tax case, our [Schaumburg offer in compromise attorney](https://nslslaw.com/practice-areas/tax/offer-in-compromise.html) at North Suburban Legal Defense can assist you. ## Why Would The IRS Agree To Settle Your Tax Debt? It can sound too good to be accurate, but it is not. The IRS’s logic in offering an OIC is that accepting a lesser amount is more cost-effective and efficient than going after a debtor. The IRS performs a cost-benefit analysis to decide if it can get more money from you by offering an OIC, setting up an installment agreement, or taking other collection actions. The IRS states that it generally ‘approves an OIC when the amount you offer represents the most we can expect to collect in a reasonable period of time.’ ## How Do You Qualify For An OIC? To qualify for an offer in compromise, you must show the following to the IRS: - You cannot repay the total tax debt within a reasonable timeframe. - Paying the full debt would lead to economic hardship for you because of your current situation. For instance, perhaps you are out of work because of an accident or illness. Or, paying off the debt would make you unable to pay your mortgage, children’s college expenses, and other living expenses. In some situations, you could get an offer in compromise when there is uncertainty about the federal taxes owed. In most cases, you must put down 20% of the proposed settlement amount with the OIC. If the IRS accepts your offer, you usually have approximately two years to settle the lump sum. ## OIC Types There are two OIC programs. The first is the traditional offer in compromise, and the second is a streamlined version. With the conventional offer in compromise, there is no limit on your debt or income level. Instead, what qualifies you for the traditional OIC is the ability to make timely payments, your expenses, and the availability of assets in addition to income. To qualify for the traditional program, you must be current on your tax returns, tax deposits or have made timely estimated tax payments for the year. You also cannot be in the process of declaring bankruptcy. The streamlined OIC program offers more flexibility in the offers you can make to the tax authorities. Those who try to negotiate a streamlined OIC may receive fewer requests for financial documentation from the IRS. You also may communicate with the IRS by phone. To qualify, you must meet these requirements: - Be self-employed, unemployed, or employed with no workers and gross receipts less than $50,000 annually - Not be filing for bankruptcy when you file for the OIC - Have a household income under $100,000 when you file for the offer in compromise - Not owe the IRS more than $50,000 ## How An Attorney Can Help With Your Offer In Compromise You are not required to use an attorney to make an OIC with the IRS. However, a tax attorney experienced with these offers can be an invaluable asset during the process. For example, your attorney can help you draft the proposal, collect financial documents that will increase the chances of approval, and complete the necessary paperwork. It is critical to have all previous tax returns filed before you request an OIC; the IRS will not consider an offer if you have unfiled tax returns. Your attorney may base your offer in compromise on some or all of these factors: - Create doubt that you owe what the IRS claims - Create doubt that the IRS can collect the total amount owed, such as by showing your income and assets are less than what you owe - Fully payment of the tax liability would create an undue hardship for you and your family Also, your attorney will review your financial situation and decide which basis is most appropriate and may raise the chance that the OIC will be accepted. Your attorney also can help you determine how much you should offer to pay and how you should schedule those payments. After all, many people who owe tax debt do not have the liquidity to pay everything at once. Next, your attorney will assist you with filling out necessary tax and financial forms, write a statement to the IRS, and create an explanatory memorandum. These materials drafted and reviewed by your attorney will give the tax agency a complete picture of your situation and why you are making an offer in compromise. Getting skilled legal assistance with your OIC can ensure that you give the IRS adequate proof and evidence that can avoid a rejection of the offer or follow-up requests for additional information. ## An Offer In Compromise Can Be Rejected Always remember that any offer in compromise can be rejected. To negotiate a successful offer, you must give the IRS the correct documentation proving an inability to pay the full tax debt owed. If you do not do this, the IRS can reject your offer, levy your bank account, or garnish your wages. Also, the IRS can put a lien on your property, making it only possible to sell after resolving the matter. The bottom line is you need to have the help of a skilled tax attorney to have all the evidence you need for a successful offer. ## Contact Our Schaumburg Offer In Compromise Attorney An offer in compromise could be just what you need to settle your tax debt and move forward with life. But negotiating and getting an OIC approved without an attorney’s help is difficult. Our [Schaumburg offer in compromise attorney](https://nslslaw.com/contact-us.html) at North Suburban Legal Services can help for the best results, so call (312) 909-6089. There is no guarantee that the IRS will accept your OIC, but working with a skilled offer-in-compromise attorney increases the odds substantially. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Compromise Attorney --- ### [Employers And The Illinois Wage Payment And Collection Act](https://nslslaw.com/employers-and-the-illinois-wage-payment-and-collection-act/) **Published:** September 4, 2023 **Author:** admin **Content:** Illinois businesses and employers, large and small know that paying employer taxes is required, the same as workers’ compensation. But how does your company know how much to pay and when? Do you need to pay more if your ex-employee filed for unemployment? It is essential to understand the answers to these questions and recent updates to the [Illinois Wage Payment And Collection Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2402&ChapterID=68). Our [Chicago unemployment defense lawyers](https://www.nslslaw.com/practice-areas/employment.html) at North Suburban Legal Services can answer any additional questions you have. ## Illinois Wage Payment And Collection Act (IWPCA) The Illinois Wage Payment and Collection Act is a law that [governs Illinois employment law](https://www.nslslaw.com/how-does-the-illinois-wage-payment-and-collection-act-affect-chicago-employers.html) and how unemployment benefits are administered in the state. The Act contains provisions in these areas: - Who is covered under unemployment - What companies need to do to comply with the law - What parties are considered employers - How unemployment earnings should be deducted from gross income The Act also details the duties of the Illinois Department of Labor and how Act violations are investigated. Last, the Act has provisions that outline remedies to companies for unpaid wages. This offers employees legal options when they are not paid their wages promptly. The state’s labor department can now deal with claims for wages less than $3,000. In an earlier legislative session, the state legislature passed an amendment to the Act that doubles the compensation a worker can recover from their employer in a wage claim. Employers that do not pay their workers’ earned wages every two weeks or make the final payment to an ex-employee within a single pay period can be fined. The punishments may be up to 5% per month, increasing from 2%. If a wage disagreement has gone into litigation, the company can still be fined throughout the lawsuit. The recent amendment to the Illinois Wage Payment and Collection Act. It also increases possible liability for Illinois employers, so it is important to work with your attorney to respond in a timely manner to unpaid wage claims. ## What Should You Do If You Have An Unemployment Wage Dispute? If current or former workers filed a wage claim against your Chicago firm, you should promptly retain an unemployment defense attorney. Your business may be penalized as the case proceeds, so the sooner you have an attorney, the better. The IWPCA includes enhanced worker protections and has increased unemployment insurance premiums for businesses in Chicago. Companies that fail to comply with the Act or do not pay wages on time or at all could be criminally prosecuted. An ex-employee who brings a successful wage claim against your company also may receive legal fees from your business. So, the stakes are high. Chicago employers should review their employment agreements and wage practices to see if they comply with the Act. Our attorneys can help with unemployment litigation and enhance your protection against future liability. ## Frequently Asked Questions The Illinois Wage Payment and Collection Act is complex, and it is standard for employers and employees to have questions. Some of the most common questions are: ### Who Is Covered By The Wage Payment And Collection Act? The Act covers private employers and departments of the local government. State and federal workers are exempt from the law. The work must be performed in Illinois for the workers to claim under the law. For instance, a trucker who lives in Illinois but travels throughout the Midwest for work is probably not covered. Independent contractors cannot file a claim under the law. However, a decision about whether a person is an independent contractor or an employee must be made after a [fact-based inquiry](https://www.ilga.gov/commission/jcar/admincode/056/056003000A04600R.html). ### How Often Is The Employer Required To Pay My Wages? Every covered employer must pay wages earned to workers at least semi-monthly. The wages must be paid 13 days after the conclusion of the pay period for which the pay was earned. However, professional, administrative, and executive employee wages can be paid monthly. ### What Must An Employer Do After It Receives A Claim Notice? The company must respond to the claim by doing one of two things. First, it can resolve the claim without additional costs by writing a check to the Illinois Department Of Labor for the claimed amount. Second, you can challenge the claim by completing a questionnaire and answering each complaint allegation. ### What Happens After The Claim Notice Response Is Received? After the Department gets all the necessary information, it will do an investigation and decide. If the Department decides there are issues of fact, a formal hearing will be scheduled with an administrative law judge. ### What Are The Penalties The Employer Can Pay If The Judge Upholds The Claim? If the claim goes to a hearing and the judge finds in favor of the employee, in addition to what is owed to the worker, the employer will need to pay an administrative fee. It also will have to pay statutory damages – 2% of what is owed, multiplied by the months that have passed since the underpayment and when the judge’s order is paid. If the employer does not comply with the order after 15 days, a penalty of 20% is imposed. ### Can The Company Owner Or Officer Be Held Personally Liable For A Claim? Anyone in the organization, including owners, corporate officers, and others who act in the interest of the employer related to an employee is considered by the Act to be an employer. So, they could be held personally liable for wages and compensation owed. ### How Long After An Employee Is Fired Or Quits Does The Employer Have To Pay? All final compensation has to be paid to you on the next payday. ### How Long After An Employee Leaves Can They File A Wage Claim? They must file a wage or final compensation complaint within a year after the wages were due. ## Contact Our Chicago Unemployment Defense Lawyer Now Did a former employee file an unemployment claim without cause? If you think the unemployment claim is false, you should retain an attorney immediately. Our [Chicago unemployment defense attorney](https://nslslaw.com/contact-us.html) at North Suburban Legal Services can help your defense, so call (312) 909-6089. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Unemployment Defense Lawyer --- ### [Ways A Schaumburg Business Lawyer Can Protect Your Interests](https://nslslaw.com/ways-a-schaumburg-business-lawyer-can-protect-your-interests/) **Published:** August 21, 2023 **Author:** admin **Content:** Business law in Illinois deals with every legal aspect that may affect business and commerce. Business law means interpreting and enforcing many state and federal laws intended to protect everyone involved in the economy, and having an attorney to help you is important. If you have questions about protecting your business or dealing with a particular business law, our [Schaumburg business lawyer](https://nslslaw.com/practice-areas/business.html) at North Suburban Legal Services can help. ## Business Lawyer Overview So, what does a business lawyer do every day? You can think of your business lawyer as your firm’s legal ally. If you ever run into a legal question or dispute that comes up during your business’s management or day-to-day operations, you can ask your business attorney to step in. In a given week, a business law attorney may engage in the following services: - Contracts: Many companies usually use their business attorney to draft, review, enforce, or dispute all contracts. - Reactionary: Many businesses hire a business lawyer only when dealing with a claim, lawsuit, or other type of dispute. - General counsel: Other companies keep their business lawyer available to be their general counsel with any legal issue or question. ## Business Formation Your business lawyer can provide expert guidance on the correct legal structure for your new business. Sometimes this is referred to as an LLC attorney, who is vital before you form your business legal entity. Your attorney will help you choose the proper business structure for your firm, whether it is a sole proprietorship, LLC, corporation, or partnership. They also will help with the required paperwork to form the company, including filing articles of incorporation. Additionally, a business law attorney can help you write partnership agreements or operating agreements. These are important because they define the responsibilities and roles of each business owner. They also are vital for getting the proper permits and licenses to operate the business according to state, federal, and local laws. ## Taxes Complying with state and federal tax laws is challenging when operating a business. Your business lawyer’s advice can help you avoid tax problems now and in the future. They also will look for deductions and credits that can save you cash during tax season. Further, your business lawyer can advise on building an adequate recordkeeping system to make it easier to file taxes. They also will keep you up to date on tax filing deadlines and due dates. Many business owners discover it is a relief to focus on running the business while their lawyer ensures compliance with tax laws. ## Creating Contracts Contracts dictate all business relationships with clients, customers, and suppliers. Your business lawyer will ensure that your contracts give your company high protection. They will also review supplier contracts and advise if you should sign on. The correct contract is even more critical when you go into business with friends or family members. Unfortunately, many well-intended business plans go quickly sidewise with friends and family because proper contracts are not in place. Your attorney will write contracts that protect your interests and rights. Also, your business lawyer will write a contract for customers outlining what you provide and how and when you will be paid. Your contract needs will vary depending on whether you sell a product or service. Also, remember special contracts for contractors and consultants. Your lawyer will write contracts detailing their work for you and when they are compensated. ## Dispute Resolution Sometimes disputes in business are unavoidable, and your attorney can help. They can give you legal advice, draft and file relevant legal documents, negotiate on your behalf, and even represent you in court. They also can help you skirt disputes by offering legal guidance to resolve problems before they get out of hand. ## Employment Contracts Employment law gets complicated quickly. You must understand state and federal laws when hiring and firing people. A well-written employment contract must be laid at the foundation of every employer/employee relationship that spells out what is expected from both sides. The contract should state how the employee’s work will be compensated and the benefits received. Your attorney will know how to write an employment contract that will stand up to scrutiny. The contract should have the following features: - Expresses the need to respect confidentiality - Noncompete clauses that reduce the ability to approach your clients if they start to work for a competitor - Prevents former workers from stealing data that belongs to your firm, which is a significant issue in recruitment consulting ## Assets, Cash, And Property Protection Your business lawyer will ensure that your company’s assets and cash, including intellectual property, are legally protected. Your attorney also can aid you with copyright applications and trademark registrations. Suppose an outside contractor and consultant handle proprietary information when working for you. Your lawyer may add a nondisclosure agreement to their work contract. The NDA can deal with everything from client lists to product plans and anything valuable to the business. Your attorney also can write a liability waiver to protect yourself from criminal prosecution if a client or customer hurts themselves on your property. This is a good idea for a restaurant, bar, or any venue welcoming the public onto their property. ## Represent You In Court Your [business attorney’s job](https://www.business.com/articles/business-lawyer/) is to keep you out of court. If you file a lawsuit or one is filed against you, your attorney and the defendant’s lawyer will try to settle the matter before it goes to court. Reaching an amicable settlement costs everyone fewer legal fees and takes less time. But if the attorneys cannot reach an agreement, your lawyer will be with you all the time to guide you during the complex legal process. They also may help you propose a settlement to resolve the matter at a lower cost. ## Contact Our Schaumburg Business Lawyer Today Operating a business efficiently can be challenging by yourself, so many business owners retain an experienced business lawyer to help them. If you have business questions, our [Schaumburg business lawyer](https://nslslaw.com/contact-us.html) at North Suburban Legal Services can help at (312) 909-6089. Working with a business lawyer gives you an advocate to represent your rights and interests, such as during a business dispute. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Business Lawyer --- ### [What You Must Know About New IRS Tax Laws For 2023](https://nslslaw.com/what-you-must-know-about-new-irs-tax-laws-for-2023/) **Published:** August 7, 2023 **Author:** admin **Content:** When you have a problem with the IRS, it is understandable if you are intimidated. Also, understanding the latest tax laws can be confusing, and this article will describe the latest IRS tax laws for 2023. If you have an IRS tax problem or questions about the 2023 law changes, our [IRS tax lawyers in Schaumburg](https://www.nslslaw.com/practice-areas/tax/irs-tax-lawyers.html) at North Suburban Legal Services can help. ## Tax Bracket Changes The IRS increased tax brackets by 7% for every type of filer for this year, including those who file separately or as married couples. The top marginal rate is still 37% for single taxpayers with incomes above $578,125 or married couples above $693,750. The lowest tax bracket is 10%, which affects those with incomes of $11,000 or less or a married couple earning $22,000 or less. ## Standard Deduction Increase The standard deduction is popular for people who do not itemize their taxes, lowering the income you pay your taxes on. For a married couple filing jointly, the [standard deduction in 2023 is $27,700,](https://www.cbsnews.com/news/taxes-2023-tax-brackets-irs-inflation-adjustments/) an increase from $25,900 in 2022. This is a 7% increase. For single taxpayers and married couples filing separately, the standard deduction is $13,850 for 2023, which was $12,950 last year. This is an increase of 6.9%. The standard deduction for heads of households in 2023 rose to $20,800 from $19,400 last year, a 7.2% bump. However, tax experts note that itemizing your deductions will be more difficult this year. So, your tax payments, mortgage interest, and charitable contributions may not provide tax benefits next time you file your taxes. Most taxpayers use the standard deduction significantly after tax law changes in 2017 under the Trump Administration. Only about 14% of taxpayers still itemize their taxes after the 2017 Tax Cuts and Jobs Act, there was a [17% drop](https://taxfoundation.org/standard-deduction-itemized-deductions-current-law-2019/) from before the law was enacted. ## Earned Income Tax Credit The maximum income for households claiming the Earned Income Tax Credit is $7,430 for those with at least three kids. This compares to $6,935 last year. ## Capital Gains Tax Brackets Capital gains are the profits we make from investments and other assets. They are taxed with different brackets and tax rates than regular income. The income thresholds for these taxes were changed in the 2023 tax law. For example, in 2022, a single taxpayer who made under $41,675 was not required to pay capital gains taxes on their various investments. But this year, the threshold rose about 7% to $44,625. A single taxpayer who earns more than that must pay a 15% capital gains tax. Those who make over $492,300 this year must pay a 20% capital gains tax. ## Larger Gift Exclusion If you like to give gifts to reduce taxes, you are in luck with the 2023 tax law changes. You can give up to $17,000 in gifts this year, up from $16,000 in 2022. ## Estate Tax The estates of wealthy Americans also will get a more significant break this year. The IRS exempts up to $12.92 million from estate taxes, an increase from $12.06 million last year. ## Flexible Spending Accounts (FSAs) Having a flexible spending account allows you to put money, up to certain IRS limits, into an account for medical expenses. The funds are removed on a pre-tax basis, so it is a tax-savings vehicle for many people. This year’s new limit for flexible spending account contributions is $3,050, up from $2,850 in 2022. But most workers establish their FSA limits each fall. Workers would have had to set the higher amount at the end of last year to take advantage of the new, higher limit. ## How To Lower Your Taxable Income In 2023 With the new tax law changes, you may wonder how to save when you file your taxes next year. There are several effective strategies to [lower your federal tax burden](https://investorjunkie.com/taxes/ways-pay-taxes-money/) listed below. Have questions? Our IRS tax lawyer in Schaumburg can answer them. ## Contribute To Your 401(k) Or IRA One of the simplest ways to lower your taxable income is by putting money into a retirement account, such as a 401(k) or IRA. You do not pay taxes on the money when you contribute it, only when you take it out years from now. Suppose you have a $50,000 salary and a 25% tax bracket. If you put 5% of your salary into the 401k(k), the taxable income drops from $50,000 to $47,500. This will result in your paying less taxes in 2023. ## Deduct Your Business Expenses If you are self-employed, business expense deductions can save you considerably on taxes. Most business-related expenses can be deducted at tax time, reducing your taxable income considerably. Some of the most common deductions are: - Property rental: If you rent an office to run your business, you can use a business deduction for the same year you pay rent. - Home office: If you use part of your house for your home office, you should take advantage of the home office deduction. - Mileage: You can deduct the mileage when you drive your vehicle for business reasons. The mileage rate in 2023 was 65.5 cents per mile. If you do a lot of driving to meet clients, the mileage deduction can save you a lot on taxes. - Office supplies: You can deduct your office supplies, such as printer paper, ink, staplers, folders, and much more. - Phone and Internet: If you use the phone and Internet for business, you can write off this expense. - Travel expenses: If you travel for business, you can write off flight costs, train and bus tickets, meals, lodging, and more. ## Contact Our IRS Tax Lawyers In Schaumburg The tax system is confusing and changes yearly; 2023 was no exception. It can be easier to understand the recent tax changes with legal advice. Also, if you have an IRS tax problem, do not attempt to solve it alone. The better solution is to engage an [IRS tax lawyer in Schaumburg](https://nslslaw.com/contact-us.html) at North Suburban Legal Services, so call (312) 909-6089. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** IRS Tax Lawyer --- ### [What Activities Are Protected Under Retaliatory Discharge Law?](https://nslslaw.com/what-activities-are-protected-under-retaliatory-discharge-law/) **Published:** May 13, 2024 **Author:** admin **Content:** Retaliatory discharge, also known as [wrongful termination](https://www.illinoiscourts.gov/resources/40d9756e-43de-4ca2-be1f-e1042d276ec7/file), occurs when an employer fires an employee in retaliation for engaging in protected activities. These protected activities are actions that employees are legally entitled to undertake without fear of retaliation from their employer. In Illinois, the retaliatory discharge law provides important protections for employees who exercise their rights in the workplace. ## Defining Protected Activities Protected activities under retaliatory discharge law encompass a broad range of actions that are safeguarded by state and federal laws. These activities typically include: 1. **Filing a Discrimination Complaint** – Employees have the right to file complaints or charges alleging discrimination or harassment based on protected characteristics such as race, gender, age, disability, or religion. Retaliating against an employee for filing such a complaint is illegal under both state and federal law. 2. **Participating in Investigations** – Employees who participate in investigations or proceedings related to workplace discrimination or other illegal activities are protected from retaliation. This includes providing testimony, cooperating with investigators, or assisting in the investigation process. 3. **Exercising Legal Rights** – Employees have the right to exercise various legal rights without fear of retaliation. This may include taking legally protected leave under the Family and Medical Leave Act (FMLA), filing workers’ compensation claims, or engaging in collective bargaining activities. 4. **Reporting Workplace Violations** – Employees who report violations of workplace health and safety regulations, environmental laws, or other legal requirements are protected from retaliation. This includes reporting unsafe working conditions, environmental hazards, or unlawful business practices. ## Legal Protections Under Illinois Law In Illinois, retaliatory discharge claims are governed by both common law principles and statutory protections. The [Illinois Whistleblower Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2495&ChapterID=57), for example, provides protections for employees who report violations of state laws or regulations. Additionally, the [Illinois Human Rights Act](https://hrc.illinois.gov/rights.html#:~:text=The%20Illinois%20Human%20Rights%20Act%20prohibits%20discrimination%2C%20harassment%2C%20sexual%20harassment,%2C%20public%20accommodations%2C%20and%20education.) prohibits retaliation against employees who oppose discriminatory practices or participate in investigations under the Act. ## Proving Retaliatory Discharge To succeed in a retaliatory discharge claim, an employee must demonstrate several key elements: 1. **Engagement in Protected Activity** – The employee must show that they engaged in a protected activity, such as filing a discrimination complaint or reporting workplace violations. 2. **Adverse Employment Action** – The employee must prove that they suffered an adverse employment action, such as termination, demotion, or suspension, as a result of their protected activity. 3. **Causal Connection** – There must be a causal connection between the protected activity and the adverse employment action. This requires evidence showing that the employer took action against the employee because of their engagement in the protected activity. ## Potential Remedies For Retaliatory Discharge If an employee prevails in a retaliatory discharge claim, they may be entitled to various remedies, including: 1. **Reinstatement** – In some cases, the employee may be reinstated to their former position or offered a comparable position within the company. 2. **Back Pay** – The employee may receive compensation for lost wages and benefits resulting from the wrongful termination. 3. **Compensatory Damages** – The employee may be awarded damages for emotional distress, pain and suffering, and other non-economic losses. 4. **Punitive Damages** – In cases involving egregious misconduct by the employer, punitive damages may be awarded to punish the employer and deter similar behavior in the future. ## Call Our Chicago Retaliatory Discharge Attorneys For Legal Help If you believe you have been a victim of illegal retaliatory discharge and discrimination in the workplace, it’s crucial to take action to protect your rights. At North Suburban Legal, we are dedicated to fighting for justice and ensuring that individuals are treated fairly and respectfully in the workplace. With our experienced legal team and commitment to client advocacy, we can help you understand your rights under anti-discrimination laws and assist you in filing a complaint. Don’t allow illegal retaliatory discharge and discrimination to go unaddressed. Reach out to our [Chicago retaliatory discharge attorneys](https://nslslaw.com/chicago-retaliatory-discharge-attorneys.html) at North Suburban Legal by calling [312-909-6089](tel:13129096089) to [receive your free consultation](https://nslslaw.com/contact-us.html). During this confidential meeting, we will attentively listen to your concerns, assess your case, and offer personalized legal advice tailored to your specific circumstances. Let us stand as your advocate in the fight against illegal retaliatory discharge and discrimination. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Retaliatory Discharge Attorney --- ### [Tax Crimes That Can Land You In Jail](https://nslslaw.com/tax-crimes-that-can-land-you-in-jail/) **Published:** February 13, 2024 **Author:** admin **Content:** Tax compliance is a fundamental responsibility for all citizens and businesses in the United States. While most individuals and organizations strive to fulfill their tax obligations diligently, some may find themselves involved in tax-related activities that can lead to serious consequences, including imprisonment. In this guide, we will explore various tax crimes that can land you in jail, emphasizing the importance of understanding these offenses to avoid legal troubles. ## Tax Evasion Tax evasion is one of the most serious tax crimes that can result in jail time. It involves deliberately attempting to underreport income, inflate deductions, or hide assets to reduce tax liability. Tax evasion is a federal offense under the Internal Revenue Code (IRC) Section 7201. If convicted, you could face substantial fines and up to five years in prison. ## Failure to File a Tax Return Failing to file a tax return when you have a tax liability is another offense that can lead to imprisonment. Under IRC Section 7203, willfully not filing a tax return is a misdemeanor, punishable by a fine of up to $25,000 and imprisonment of up to one year for each unfiled year. The cumulative penalties can be substantial if you have multiple years of unfiled returns. ## Fraudulent Tax Returns Submitting false or fraudulent tax returns with the intent to deceive the IRS is a serious tax crime. This includes fabricating income, deductions, or credits. Under IRC Section 7206, knowingly making false statements on a tax return can result in a fine of up to $250,000 for individuals and imprisonment of up to three years. ## Identity Theft and Tax Refund Fraud Using someone else’s identity to file fraudulent tax returns with the intent to claim undeserved tax refunds is a growing concern. Convictions related to identity theft and tax refund fraud can lead to significant prison time, as well as financial penalties. ## Money Laundering Money laundering involves attempting to legitimize illegally obtained funds through complex financial transactions. While it may not be a direct tax crime, money laundering can be associated with tax evasion or other financial offenses. Individuals can face hefty fines and lengthy prison sentences if convicted of money laundering. ## Aiding and Abetting Tax Crimes If you knowingly assist or encourage someone else in committing a tax crime, you may be charged with aiding and abetting. This offense carries penalties similar to the underlying tax crime itself, including fines and imprisonment. ## Failure to Pay Employment Taxes Employers are responsible for withholding and paying employment taxes on behalf of their employees. Failing to pay employment taxes is a grave offense that could result in severe consequences, such as imprisonment, particularly if the failure is deemed willful. ## A Final Word About Tax Crimes Understanding the various tax crimes and their potential consequences is essential for every taxpayer. The Internal Revenue Service (IRS) and federal law enforcement agencies take tax-related offenses seriously and vigorously pursue investigations and prosecutions. To avoid jail time and substantial financial penalties, it is crucial to comply with tax laws and seek professional legal advice if you have concerns about your tax situation. If you find yourself in a tax-related legal predicament, it’s imperative to consult with an experienced tax defense lawyer who can provide guidance, assess your situation, and help you navigate the complexities of tax law. Remember that being proactive and addressing tax issues promptly can often lead to more favorable outcomes and minimize the risk of imprisonment. ## Call Our Chicago Tax Defense Lawyer For Legal Assistance Facing tax-related legal issues in Chicago? Don’t go through it alone! Call our Chicago tax defense lawyer today at [312-909-6089](tel:13129096089) for your [free initial consultation](https://nslslaw.com/contact-us.html). We’re here to protect your rights and provide experienced guidance. Take action now, and let us help you navigate the complexities of tax law. Call for a consultation and secure your financial future! ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Tax Defense Lawyer --- ### [What Is Considered Religious Discrimination In Illinois?](https://nslslaw.com/what-is-considered-religious-discrimination-in-illinois/) **Published:** February 26, 2024 **Author:** admin **Content:** Religious discrimination, like other forms of discrimination, is a serious issue that can have significant legal and social implications. In Illinois, as in many other states, laws are in place to protect individuals from being [discriminated against based on their religious beliefs](https://dhr.illinois.gov/filing-a-charge/faq-section-ii.html) or practices. Understanding religious discrimination is crucial for employees and employers to ensure a fair and respectful work environment. In Illinois, religious discrimination occurs when an individual is treated unfairly or unfavorably in the workplace because of their religious beliefs or practices. This can take various forms, including hiring, firing, promotion, job assignments, pay, benefits, training opportunities, and other terms and conditions of employment. Discrimination can also occur in the form of harassment, such as offensive remarks or jokes about a person’s religion or the imposition of religious beliefs or practices on employees. Under state and federal laws, including the [Illinois Human Rights Act and Title VII of the Civil Rights Act of 1964](https://www.dhs.state.il.us/page.aspx?item=41070#:~:text=Title%20VII%20prohibits%20discrimination%20on,state%20or%20political%20subdivisions%20thereof.), employers are prohibited from discriminating against employees on the basis of religion. These laws apply to all aspects of employment, from hiring and firing to compensation and promotions. Employers must provide reasonable accommodations for employees’ religious beliefs or practices unless doing so would cause an undue hardship on the employer’s business operations. ## Examples of Religious Discrimination Examples of religious discrimination in the workplace may include: 1\. Refusing to hire or promote an individual because of their religious beliefs or practices. 2\. Treating an employee differently or subjecting them to harassment because of their religion. 3\. Denying an employee’s request for a reasonable accommodation of their religious beliefs or practices. 4\. Creating a hostile work environment based on religion, such as by making derogatory comments or jokes about a particular religion. 5\. Retaliating against an employee for exercising their rights under anti-discrimination laws, such as by firing or demoting them. Employees who believe they have been subjected to religious discrimination in the workplace have the right to file a complaint with the Illinois Department of Human Rights (IDHR) or the federal Equal Employment Opportunity Commission (EEOC). These agencies investigate complaints of discrimination and may take enforcement action against employers found to have violated anti-discrimination laws. In addition to legal remedies, victims of religious discrimination may be entitled to compensation for any harm they have suffered, including lost wages, emotional distress, and punitive damages. Employers found liable for religious discrimination may be required to pay monetary damages and take corrective action to prevent future discrimination. To prevent religious discrimination in the workplace, employers should establish clear policies prohibiting discrimination and harassment based on religion and provide training to employees on their rights and responsibilities. Employers should also be proactive in addressing complaints of religious discrimination and take prompt and appropriate action to remedy any violations of anti-discrimination laws. Religious discrimination is a serious issue that can have far-reaching consequences for individuals and organizations. By understanding what constitutes religious discrimination and taking steps to prevent it, employers can create a more inclusive and respectful work environment for all employees. ## Call Our Chicago Religious Discrimination Attorney For Legal Assistance! If you believe you have been a victim of religious discrimination in the workplace, it’s essential to take action to protect your rights. At North Suburban Legal, we fight for justice and ensure that individuals are treated fairly and respectfully in the workplace. With our experienced legal team and dedication to client advocacy, we can help you understand your rights under anti-discrimination laws and guide you through filing a complaint. Don’t let religious discrimination go unaddressed. Contact our Chicago religious discrimination attorney at North Suburban Legal by calling [312-909-6089 ](tel:13129096089)to [receive your free consultation](https://nslslaw.com/contact-us.html). During this confidential meeting, we will listen to your concerns, evaluate your case, and provide you with personalized legal advice tailored to your unique situation. Let us be your advocate in the fight against religious discrimination. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Religious Discrimination Attorney --- ### [What You Should Know About The IRS Fresh Start Program](https://nslslaw.com/what-you-should-know-about-the-irs-fresh-start-program/) **Published:** March 11, 2024 **Author:** admin **Content:** The [IRS Fresh Start Program](https://www.irs.gov/payments/get-help-with-tax-debt) is an initiative designed to help taxpayers struggling with tax debt settle their liabilities more easily. Established in 2011, this program aims to provide relief to individuals and businesses facing financial hardship by offering streamlined processes and flexible payment options. Understanding the key features and benefits of the IRS Fresh Start Program can help taxpayers take advantage of available opportunities to resolve their tax issues effectively. ## Eligibility Criteria for Installment Agreements One of the primary components of the IRS Fresh Start Program is the expanded eligibility criteria for installment agreements. Under this program, taxpayers with outstanding tax debt of up to $50,000 may qualify for a streamlined installment agreement without needing a detailed financial statement or intrusive collection actions. This allows individuals and businesses to set up manageable monthly payments and avoid the imposition of liens, levies, or wage garnishments. Additionally, the IRS Fresh Start Program offers relief to taxpayers struggling to pay their tax liabilities in full. Through the program, eligible taxpayers may qualify for an [Offer in Compromise (OIC) to settle their tax debt for less than the full amount owed](https://www.irs.gov/taxtopics/tc204#:~:text=An%20offer%20in%20compromise%20%28OIC,an%20OIC%20in%20most%20cases.). To qualify for an OIC, taxpayers must meet specific criteria related to their income, expenses, assets, and ability to pay. However, for those who qualify, an OIC can provide a fresh start and a chance to resolve their tax issues once and for all. Furthermore, the IRS Fresh Start Program provides options for taxpayers facing financial hardship due to unemployment or underemployment. Through the program, eligible individuals may qualify for a temporary suspension of collection activities, known as Currently Not Collectible (CNC) status. While in CNC status, the IRS will cease collection efforts and refrain from levying bank accounts or garnishing wages, providing temporary relief to taxpayers experiencing financial hardship. Taxpayers need to understand that participation in the IRS Fresh Start Program requires compliance with all tax filing and payment obligations moving forward. Failure to file tax returns or make timely payments after entering into an installment agreement or OIC can result in the cancellation of the agreement and the reinstatement of collection actions by the IRS. The IRS Fresh Start Program offers valuable opportunities for taxpayers struggling with tax debt to find relief and resolve their financial challenges. By taking advantage of installment agreements, Offers in Compromise, and Currently Not Collectible status, eligible individuals and businesses can work towards a fresh start and regain control of their finances. ## Call Our Chicago Offer in Compromise Attorney Today! If you’re facing tax debt and need assistance navigating the IRS Fresh Start Program, don’t hesitate to seek help from experienced legal professionals. North Suburban Legal is here to provide you with expert guidance and representation to help you understand your options and achieve the best possible outcome for your situation. Contact our [Chicago Offer in Compromise attorney](https://nslslaw.com/practice-areas/tax/offer-in-compromise.html) at North Suburban Legal today at [312-909-6089](tel:13129096089) to [receive your free consultation](https://nslslaw.com/contact-us.html). Our dedicated team will listen to your concerns, evaluate your case, and provide you with personalized legal advice tailored to your unique circumstances. Let us help you find relief from tax debt and move forward toward a brighter financial future. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Compromise Attorney --- ### [What Workers Are Protected By Age Discrimination Lawyers?](https://nslslaw.com/what-workers-are-protected-by-age-discrimination-lawyers/) **Published:** April 1, 2024 **Author:** admin **Content:** Age discrimination in the workplace is a significant concern for many workers, particularly as they grow older and face potential biases based on their age. In Illinois, as in many other states, there are laws in place to protect workers from age discrimination and provide avenues for legal recourse if they believe they have been unfairly treated due to their age. ## Federal and State Protections Against Age Discrimination The [Age Discrimination in Employment Act (ADEA)](https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967) is a federal law that prohibits age discrimination against individuals 40 years of age or older. This law applies to employers with 20 or more employees and covers various aspects of employment, including hiring, firing, promotions, compensation, and job assignments. The [Illinois Human Rights Act (IHRA)](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2266) also provides further protections against age discrimination in the workplace. ## Role of Age Discrimination Lawyers Workers who believe they have been subjected to age discrimination may choose to seek assistance from age discrimination lawyers to understand their rights and explore their legal options. Age discrimination lawyers who have experience in cases related to age discrimination can provide valuable guidance and representation throughout the legal process. ## Protecting Older Employees in Hiring and Promotions One category of workers protected by age discrimination lawyers includes older employees passed over for job opportunities or promotions in favor of younger candidates. This type of discrimination can occur during the hiring process, where employers may prefer to hire younger workers based on stereotypes or biases about older individuals’ abilities or suitability for certain roles. ## Addressing Discriminatory Treatment in the Workplace Another group of workers protected by age discrimination lawyers includes those who have experienced discriminatory treatment in the workplace, such as being subjected to offensive comments or harassment based on their age. Age discrimination lawyers can help these individuals pursue legal action against their employers and seek compensation for any damages they have suffered due to the discrimination. ## Legal Remedies for Wrongful Termination Due to Age Additionally, age discrimination lawyers can assist workers who have been wrongfully terminated or laid off due to age. Under the ADEA and IHRA, it is illegal for employers to discriminate against employees based on their age when making decisions about termination or layoffs. If an employee believes they have been unfairly targeted for termination or layoff because of their age, an age discrimination lawyer can help them pursue legal remedies, including reinstatement, back pay, and other forms of compensation. ## Importance of Prompt Legal Action In age discrimination cases, workers must act promptly and seek legal assistance immediately. There are strict deadlines for filing age discrimination claims, and failing to meet these deadlines can result in losing the legal right to pursue financial compensation. By consulting with an experienced Chicago age discrimination attorney, workers can receive personalized legal advice tailored to their specific circumstances and increase their chances of achieving a favorable outcome in their case. ## Protecting Workers’ Rights Through Legal Representation Our age discrimination lawyers play a crucial role in protecting the rights of workers subjected to age discrimination in the workplace. These attorneys handle age discrimination cases and can assist older employees who have been unfairly treated due to their age. By seeking legal representation from our [Chicago age discrimination attorney](https://nslslaw.com/chicago-age-discrimination-lawyer.html), workers can assert their rights, hold employers accountable for discriminatory practices, and pursue justice for any harm they have suffered. ## Call Our Chicago Age Discrimination Attorney For Legal Justice Are you, a friend, or a member of your family dealing with employment discrimination in Chicago? North Suburban Legal Services is ready to represent your interests! Call our Chicago age discrimination lawyer today at [312-909-6089](tel:13129096089) to receive your [free initial consultation](https://www.nslslaw.com/contact-us.html). Take the first step toward justice and fair treatment in the workplace. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Age Discrimination Attorney --- ### [Why An Attorney Is Needed To Negotiate An Offer In Compromise With IRS](https://nslslaw.com/why-an-attorney-is-needed-to-negotiate-an-offer-in-compromise-with-irs/) **Published:** April 15, 2024 **Author:** admin **Content:** When facing tax debt with the IRS, negotiating an [offer-in-compromise (OIC)](https://www.irs.gov/payments/offer-in-compromise) can be a valuable option for individuals seeking to settle their tax liabilities for less than the full amount owed. However, navigating the complexities of the OIC process can be challenging, and having an experienced attorney by your side can make a significant difference in the outcome of your case. ## Offer In Compromise Under federal law, the IRS has the authority to accept offers-in-compromise from taxpayers who demonstrate that they are unable to pay their full tax debt or that paying the full amount would cause undue financial hardship. The IRS considers various factors when evaluating OICs, including the taxpayer’s income, expenses, assets, and overall financial situation. In Illinois, taxpayers seeking to negotiate an offer-in-compromise with the IRS must adhere to federal guidelines and regulations governing the OIC process. Additionally, Illinois residents may benefit from the assistance of a Chicago offer-in-compromise attorney who is familiar with both federal and state tax laws and can effectively advocate for their interests. ## Why An Experienced IRS Attorney Is Essential One of the primary reasons why hiring an attorney is essential when negotiating an offer-in-compromise with the IRS is the complex nature of the OIC process. The IRS has strict requirements and guidelines that must be followed when submitting an offer, and any errors or omissions in the application can result in rejection or delays in processing. A qualified Chicago offer-in-compromise attorney can assist taxpayers in preparing and submitting a comprehensive OIC package that addresses all necessary documentation and information required by the IRS. This includes completing the necessary forms, providing accurate financial statements, and supporting documentation to substantiate the taxpayer’s financial hardship or inability to pay the full tax debt. Furthermore, an attorney can provide valuable guidance and advice throughout the negotiation process, including communicating with the IRS on behalf of the taxpayer, responding to any inquiries or requests for additional information, and advocating for the taxpayer’s interests during the review and evaluation of the OIC by the IRS. Additionally, having legal representation can help alleviate some of the stress and anxiety associated with negotiating with the IRS. Dealing with tax debt and the potential consequences of unpaid taxes can be overwhelming for taxpayers, but having a knowledgeable attorney on their side can provide reassurance and peace of mind. Moreover, a Chicago offer-in-compromise attorney can also explore other potential options for resolving tax debt, such as installment agreements or penalty abatement, and advise taxpayers on the best course of action based on their individual circumstances. Negotiating an offer in compromise with the IRS is a complex and challenging process that requires careful attention to detail and thorough preparation. By retaining our experienced Chicago offer-in-compromise attorney, taxpayers can increase their chances of successfully resolving their tax debt and achieving a favorable outcome. From navigating the intricacies of the OIC process to advocating for the taxpayer’s interests, an attorney can provide invaluable assistance and support every step of the way. ## Call Our Chicago Offer-In-Compromise Attorney For Fast Legal Help Facing tax-related legal issues in Chicago? Don’t go through it alone! Contact our [Chicago offer-in-compromise attorney](https://nslslaw.com/practice-areas/tax/offer-in-compromise.html) at North Suburban Legal Services at [312-909-6089](tel:13129096089) to receive your free initial consultation. We’re here to protect your legal rights and provide experienced guidance. Take action today, and let us help you navigate the complexities of tax law. Call North Suburban Legal Services for a fresh start! ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Offer-in-compromise Attorney --- ### [What Accommodations Must Be Made By Employers Under The ADA?](https://nslslaw.com/what-accommodations-must-be-made-by-employers-under-the-ada/) **Published:** April 29, 2024 **Author:** admin **Content:** The [Americans with Disabilities Act (ADA)](https://www.ada.gov/) is a landmark piece of legislation enacted in 1990 to protect the rights of individuals with disabilities. It prohibits discrimination against individuals with disabilities in all areas of public life, including employment, transportation, public accommodations, and telecommunications. Under [Title I of the ADA](https://www.dol.gov/general/topic/disability/ada#:~:text=The%20U.S%20Equal%20Employment%20Opportunity,hiring%2C%20firing%20and%20job%20training.), employers are required to provide reasonable accommodations to qualified individuals with disabilities to enable them to perform essential job functions. ## Defining Reasonable Accommodations Reasonable accommodations are modifications or adjustments to the work environment or job duties that enable individuals with disabilities to enjoy equal employment opportunities. These accommodations are determined on a case-by-case basis and vary depending on the individual’s disability and the nature of their job. Examples of reasonable accommodations may include modified work schedules, assistive technology, accessible facilities, or job restructuring. ## Employer Obligations Under The ADA Employers covered by the ADA are required to provide reasonable accommodations to qualified employees with disabilities unless doing so would impose an undue hardship on the employer. An undue hardship is defined as a significant difficulty or expense that would disrupt the operation of the business. Employers are also prohibited from discriminating against individuals with disabilities in any aspect of employment, including hiring, promotion, job assignments, training, and termination. ## Identifying Qualified Individuals With Disabilities To be entitled to reasonable accommodations under the ADA, individuals must meet the definition of a qualified individual with a disability. According to the ADA, a qualified individual with a disability is someone who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Employers should engage in an interactive process with employees to determine their need for accommodations and identify appropriate solutions. ## Examples Of Reasonable Accommodations Reasonable accommodations can take many forms, depending on the specific needs of the individual and the requirements of the job. Some common examples of reasonable accommodations include: - Providing accessible facilities, such as wheelchair ramps or modified workstations. - Allowing flexible work schedules or telecommuting arrangements. - Modifying job duties or responsibilities to accommodate physical limitations. - Providing assistive technology, such as screen readers or ergonomic equipment. - Additional training or job coaching is offered to help individuals perform essential job functions. - Providing written materials in alternative formats, such as large print or braille. ## Interactive Process And Accommodation Requests Employers are required to engage in an interactive process with employees to identify and implement reasonable accommodations. This process involves open communication between the employer and the employee to discuss the individual’s limitations, the nature of the job, and potential accommodations. Employers should promptly respond to accommodation requests and work collaboratively with employees to find effective solutions that meet their needs while also addressing business concerns. ## Challenges And Legal Considerations While the ADA mandates employers to provide reasonable accommodations, implementing accommodations can sometimes pose challenges. Employers may encounter issues related to cost, feasibility, or concerns about productivity and efficiency. However, employers need to prioritize compliance with the ADA and ensure equal opportunities for individuals with disabilities. Failure to provide reasonable accommodations can result in legal liability, including lawsuits and financial penalties. ## Illinois Laws And Regulations In addition to the federal ADA, Illinois has its own state laws and regulations governing disability discrimination and reasonable accommodations. The [Illinois Human Rights Act](https://hrc.illinois.gov/rights.html#:~:text=The%20Illinois%20Human%20Rights%20Act%20prohibits%20discrimination%2C%20harassment%2C%20sexual%20harassment,%2C%20public%20accommodations%2C%20and%20education.) prohibits discrimination based on disability in employment, housing, public accommodations, and other areas. Employers in Illinois are required to comply with both federal and state laws regarding disability rights and accommodations. Employers have a legal obligation to provide reasonable accommodations to qualified individuals with disabilities. These accommodations enable individuals with disabilities to perform essential job functions and enjoy equal employment opportunities. By engaging in an interactive process and implementing effective accommodations, employers can create inclusive work environments that benefit both employees and the organization as a whole. Employers must understand their obligations under the ADA and the Illinois Human Rights Act and take proactive steps to ensure compliance with disability rights laws. ## Contact Our Chicago ADA Discrimination Attorney For Legal Assistance If you believe you have been a victim of ADA violations and discrimination in the workplace, it’s crucial to take action to protect your rights. At North Suburban Legal, we are dedicated to fighting for justice and ensuring that individuals are treated fairly and respectfully in the workplace. With our experienced legal team and commitment to client advocacy, we can help you understand your rights under anti-discrimination laws and assist you in filing a complaint. Don’t allow ADA violations and discrimination to go unaddressed. Contact our [Chicago ADA attorney ](https://nslslaw.com/chicago-americans-with-disabilities-act-lawyer.html)at North Suburban Legal by dialing [312-909-6089](tel:13129096089) to receive your free consultation. During this confidential meeting, we will attentively listen to your concerns, assess your case, and offer personalized legal advice tailored to your specific circumstances. Let us stand as your advocate in the fight against ADA discrimination. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** ADA Attorney --- ### [Defending Against Family And Medical Leave Act (FMLA) Claims In Illinois](https://nslslaw.com/defending-against-family-and-medical-leave-act-fmla-claims-in-illinois/) **Published:** September 16, 2024 **Author:** admin **Content:** Navigating the complexities of the [Family and Medical Leave Act](https://www.dol.gov/agencies/whd/fmla) (FMLA) can be challenging for any employer in Illinois. As an experienced Illinois FMLA Defense Attorney and the founder of North Suburban Legal Services LLC, I have dedicated a significant portion of my practice to assisting businesses in understanding and complying with FMLA regulations, as well as defending against claims that may arise. The FMLA was designed to help employees balance their work and family responsibilities by allowing them unpaid leave for qualified medical and family reasons. However, it’s imperative for employers to also understand their rights and the strategies to defend against unwarranted claims under this Act. From my experience, many FMLA claims hinge on misunderstandings or misapplications of the law by either party. In this piece, I’ll share insights on how to effectively defend against FMLA claims, the importance of compliance, and how to handle disputes that arise. ## Understanding FMLA Eligibility And Requirements Understanding who is covered by the FMLA and what the Act entails is not just crucial, it’s empowering. FMLA allows eligible employees to take [up to 12 weeks](https://www.dol.gov/agencies/whd/fact-sheets/28f-fmla-qualifying-reasons#:~:text=Eligible%20employees%20have%20the%20right,on%20the%20date%20of%20birth.) of unpaid leave in a 12-month period for reasons such as the birth and care of a newborn, placement with the employee of a child for adoption or foster care, to care for an immediate family member with a serious health condition, or when the employee is unable to work due to a serious health condition. To be [eligible](https://webapps.dol.gov/elaws/whd/fmla/6i.aspx#:~:text=Employees%20are%20eligible%20for%20FMLA,at%20the%20site%20or%20within), employees must work for a covered employer, have worked for that employer for at least 12 months, have at least 1,250 hours of service for the employer during the 12 months prior to the start of the leave, and work at a location where the employer has at least 50 employees within 75 miles. ## Developing A Proactive Compliance Strategy Proactive compliance is not just a strategy, it’s your best defense against FMLA claims. This includes educating your human resources team and management on FMLA requirements and ensuring your company’s policies and procedures are up to date. Regular training sessions and updated employee handbooks can significantly diminish the risk of violations, giving you a sense of control and security. ### Documenting Everything Documentation is a critical element in defending against FMLA claims. Maintain detailed records of all FMLA interactions, including dates of FMLA leave requests, notes on employee eligibility verification, copies of all communications between the employer and the employee concerning FMLA, and documents related to the employee’s return to work. This information can be invaluable if you need to defend your organization’s decisions regarding FMLA requests. ### Addressing FMLA Abuse While FMLA is a crucial benefit for employees, some might abuse this entitlement. If you suspect abuse of FMLA leave, it’s important to gather all facts and documentation before taking any disciplinary action. Surveillance and other monitoring methods may be legal, provided they are conducted in compliance with both federal and state laws. ### Responding To FMLA Claims If an FMLA claim is made against your company, the first step is to consult with a qualified FMLA defense attorney to review the claim and your documentation. An experienced attorney can help you understand the merits of the claim and develop a strategy to address it, whether it involves negotiation, mediation, or litigation. ### Maintaining Fair And Legal Practices Always ensure that any actions taken against an employee who has filed an FMLA claim are not just fair, but also legal. Retaliation claims are common in FMLA disputes, so it’s crucial to ensure that any employee taking FMLA leave is not subjected to discrimination or adverse employment actions as a result of their leave. This is not just a legal requirement, it’s an ethical responsibility. ## FAQs About FMLA Defense In Illinois ### What Is The First Step If An Employee Files An FMLA Claim Against My Company? The first step should always be to review the claim with an FMLA defense attorney who can assess the validity of the claim and advise on the next steps. ### How Can I Tell If An Employee Is Abusing FMLA? Look for patterns such as taking leave frequently before or after weekends or consistent absence when critical projects are due. However, ensure that any investigation into abuse is legally compliant. ### What Should Be Included In FMLA Training For Managers? Training should cover the basics of FMLA eligibility, how to handle leave requests, the importance of documentation, and how to avoid retaliation. ### Can I Terminate An Employee On FMLA Leave? You can terminate an employee on FMLA leave only if you have a legitimate, unrelated reason for the termination that you can document and justify legally. ## Contact Our Illinois FMLA Defense Attorneys For Your Free Consultation If you are facing an FMLA claim or need guidance on FMLA compliance in Illinois, contact our [Illinois FMLA defense attorney](https://nslslaw.com/chicago-retaliatory-discharge-attorneys.html) at North Suburban Legal Services LLC at 312-909-6089 for [your initial consultation](https://nslslaw.com/contact-us.html). Our legal professionals are ready to discuss your case and ensure your business is protected. Serving all of Chicago, we are here to support and defend your rights as an employer. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** FMLA Defense Attorney --- ### [Am I Protected From Being Fired If I Choose To Change Gender Identification?](https://nslslaw.com/am-i-protected-from-being-fired-if-i-choose-to-change-gender-identification/) **Published:** July 15, 2024 **Author:** admin **Content:** Navigating workplace dynamics during a significant life event, such as changing gender identification, raises many questions about employment rights and protections. One of the most pressing concerns is whether an employee is safeguarded against being fired due to their gender identity change. Understanding the legal protections in place can provide peace of mind and empower individuals to embrace their authentic selves without fear of unjust treatment in their professional lives. ## Legal Protections Under Federal Law At the federal level, significant strides have been made to protect individuals who choose to change their gender identification from employment discrimination. The landmark Supreme Court case, [Bostock v. Clayton County](https://en.wikipedia.org/wiki/Bostock_v._Clayton_County), clarified that Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on sex, also covers discrimination based on sexual orientation and gender identity. This decision means that employers cannot legally fire, refuse to hire, or discriminate against employees based on their gender identity within the realms of any business with 15 or more employees. ## State And Local Laws Enhance Protections In addition to federal protections, many states and localities have enacted their own laws that provide further safeguards. Illinois, for example, has been at the forefront of protecting the rights of LGBTQ+ individuals in the workplace. The Illinois Human Rights Act prohibits discrimination on the basis of sexual orientation and gender identity and encompasses a range of employment actions, including hiring, firing, promotion, and other terms and conditions of employment. Chicago has also implemented ordinances that reinforce these protections, ensuring that individuals are free to express their gender identity without fear of discriminatory repercussions in their employment. These local laws provide a crucial layer of security, often offering avenues for relief that are more accessible than federal mechanisms. ## Practical Steps For Protection Understanding the legal landscape is just one part of navigating gender identity changes in the workplace. Individuals should also consider practical steps to protect themselves: ### Documentation Keep detailed records of any instances of discrimination or unfair treatment you encounter at work. Documentation can be vital in proving a case should legal action become necessary. ### Company Policies Review your employer’s anti-discrimination policies and procedures. Understanding these can provide insights into how best to address any issues that might arise and identify the proper channels for filing complaints. ### Open Communication If comfortable, engage in open dialogue with your HR department about your transition. Clear communication can facilitate support within the workplace and help ensure that your rights are respected. ### Seek Legal Advice If you believe your rights have been violated, it’s crucial to consult with a lawyer who specializes in sexual orientation discrimination. They can provide tailored advice, guide you through the legal process, and ensure that your rights are robustly defended. Initial consultations are often free and confidential, allowing you to discuss your situation without fear of reprisal. ### Challenges and Considerations While legal protections exist, challenges can still arise. Social stigmas and personal biases can sometimes lead to subtle forms of discrimination or unfair treatment that are harder to prove legally. Individuals must remain vigilant and proactive in addressing any signs of discrimination in their workplace environment. Choosing to change gender identification is a deeply personal decision and one that can bring about significant personal growth and fulfillment. Fortunately, the legal system in the United States, bolstered by both federal and state laws, provides protections to ensure that individuals can make this transition without fear of losing their employment unjustly. ## Contact Our Chicago Sexual Orientation Discrimination Lawyer If you are experiencing discrimination in your workplace due to changing your gender identification, or if you have any concerns about your employment rights, it’s essential to seek professional legal help. North Suburban Legal Services, located in Chicago, handles sexual orientation discrimination cases and can provide the support and guidance you need. Contact our [Chicago sexual orientation discrimination lawyer](https://nslslaw.com/chicago-sexual-orientation-discrimination-lawyers.html) at North Suburban Legal Services by calling 312-909-6089 to receive your free consultation and to discuss your situation in confidence. Our experienced attorneys are here to ensure that your rights are protected and that you can embrace your identity without fear of discrimination in the workplace. Remember, you are not alone in this journey. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Sexual Orientation Discrimination Lawyer --- ### [Can A Lawyer Help Me If I Haven't Paid Taxes In Years?](https://nslslaw.com/can-a-lawyer-help-me-if-i-havent-paid-taxes-in-years/) **Published:** July 1, 2024 **Author:** admin **Content:** If you have not paid taxes for several years, you may find yourself in a challenging and potentially serious situation with the [Internal Revenue Service](https://www.irs.gov/) (IRS). However, the good news is that a lawyer, especially one specializing in tax law, can provide indispensable assistance. Whether it’s due to oversight, financial constraints, or other reasons, failing to file or pay taxes can lead to significant penalties, interest charges, and even legal repercussions. This is where the experience of a tax lawyer becomes crucial. ## Understanding The Implications Of Unpaid Taxes When taxes go unpaid, the IRS does not simply overlook these debts. They begin to accrue interest and penalties immediately after the due date. Over time, these can substantially increase the amount owed. The IRS also has broad collection powers that can include placing liens on property, garnishing wages, and seizing assets to recover unpaid taxes. Moreover, the failure to file a tax return can be more severe than the failure to pay taxes. The IRS may file a substitute return for you, which might not include all the deductions and credits you are entitled to, leading to a higher tax liability. In extreme cases, prolonged non-compliance can lead to criminal prosecution. ## How Can A Tax Lawyer Help? ### Navigating Complex Tax Laws Tax laws are notoriously complex and constantly changing. A tax lawyer has the experience and knowledge to navigate these laws and provide guidance on the most appropriate path forward based on your unique circumstances. ### Negotiating With The IRS Tax lawyers are skilled negotiators who can communicate effectively with the IRS on your behalf. They can help arrange payment plans, submit offers in compromise, or request penalty abatement, which can reduce the amount you owe or spread the payments out over time to make them more manageable. ### Filing Back Taxes A lawyer can assist you in preparing and filing any unfiled returns. They can ensure that these returns are accurate and take advantage of any applicable deductions and credits to minimize your liability. ### Protecting Your Rights Tax lawyers are adept at ensuring that the IRS adheres to your legal rights throughout the collection process. They provide a buffer between you and the IRS, which can reduce stress and lead to better outcomes. ### Handling Audits And Appeals If you are facing an audit or disagree with an IRS decision, a tax lawyer can represent you during these proceedings and help challenge the IRS’s position. ## Practical Steps To Take If you haven’t paid taxes in years, taking immediate action is crucial. Here are a few steps to consider: - **Assess the Situation –** Determine how many years of returns need filing and estimate the total unpaid tax. A tax lawyer can help you with these assessments. - **Contact a Tax Lawyer –** Engage the services of a tax lawyer who can evaluate your case and outline the best strategies for resolving your tax issues. - **Comply Moving Forward –** While resolving past tax issues, it’s also critical to stay compliant with current tax obligations. This shows good faith and can favorably influence negotiations with the IRS. - **Keep Good Records –** Ensure you have all necessary documentation related to income, deductions, and previous communications with the IRS. Good record-keeping is essential for resolving tax issues efficiently. Addressing unpaid taxes can be daunting, but you don’t have to face it alone. The right legal guidance can transform a seemingly overwhelming tax problem into a manageable situation. ## Contact Our IRS Tax Lawyers In Schaumburg For Legal Help Are you concerned about years of unpaid taxes? Don’t wait for the IRS to come knocking. Take control of your financial future today. Contact our [IRS tax lawyers in Schaumburg](https://nslslaw.com/practice-areas/tax/irs-tax-lawyers.html) at North Suburban Legal Services by calling 312-909-6089 for your initial consultation. Our experienced team is ready to help you resolve your tax issues and restore peace of mind. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** IRS Tax Lawyer --- ### [What Are Some Common Examples Of Wrongful Termination?](https://nslslaw.com/what-are-some-common-examples-of-wrongful-termination/) **Published:** June 18, 2024 **Author:** admin **Content:** Wrongful termination refers to a situation where an employee’s dismissal from their job breaches one or more terms specified in the employment contract, or violates employment laws. In Illinois, as in other states, both state and federal laws provide protections against wrongful termination. Understanding these laws and the process for addressing wrongful termination claims is crucial for employees who believe they have been unjustly dismissed. ## What Is Wrongful Termination? Wrongful termination occurs when the employer terminates an employment agreement in a manner that infringes upon legal statutes. This can include dismissals in violation of anti-discrimination laws, retaliation for whistleblower activities, or breach of contractual obligations, among other things. Although Illinois is an [“at-will” employment state](https://labor.illinois.gov/faqs.html), meaning an employer may terminate an employee at any time for any reason, there are a few exceptions to this rule that aim to protect employees from wrongful termination. ## Relevant Federal And Illinois Laws Several federal laws protect against wrongful termination: 1. **Title VII of the Civil Rights Act of 1964** – This act prohibits employers from discriminating against employees based on race, color, religion, sex, or national origin. 2. **The Americans with Disabilities Act (ADA)** – The law protects employees with disabilities from discrimination and mandates reasonable accommodations in the workplace. 3. **The Age Discrimination in Employment Act (ADEA)** – The ADEA is designed to protect employees who are 40 years of age or older from discrimination. 4. **The Fair Labor Standards Act (FLSA)** protects against wrongful termination related to unfair wage practices and overtime regulations. In addition to federal laws, Illinois has its own set of statutes that further protect employees: 1. **The Illinois Human Rights Act** prohibits discrimination on the basis of race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental disability, military status, sexual orientation, and gender identity. 2. **The Illinois Whistleblower Act** protects employees who report illegal activities or violations of state or federal laws by their employers. 3. **The Illinois Worker Adjustment and Retraining Notification Act (WARN)** requires certain businesses to give advance notice of large-scale layoffs or plant closures. ## How To Begin The Wrongful Termination Claims Process In Illinois The process of addressing a wrongful termination begins by understanding the grounds for the claim. If an employee believes their termination was illegal, the following steps outline how to initiate a claim: **Step 1: Document Everything** – Documentation is crucial. This includes saving emails, recording relevant dates (such as those of hire and termination), and noting any instances of discriminatory comments or unfair treatment. **Step 2: File a Complaint with the Relevant Agency** – Depending on the nature of the wrongful termination, the complaint may be filed with: - The Equal Employment Opportunity Commission ([EEOC](https://www.eeoc.gov/)) for violations of federal discrimination laws. - The Illinois Department of Human Rights ([IDHR](https://dhr.illinois.gov/)) for breaches of state discrimination laws. **Step 3: Seeking Legal Counsel** – Consulting with an attorney who handles employment law is highly recommended. An experienced lawyer can provide guidance tailored to the specific circumstances of the case, help gather additional evidence, and represent the employee in legal proceedings. **Step 4: Mediation and Litigation** – Many wrongful termination cases are resolved through mediation, a process where both parties try to reach an agreement with the help of a mediator. If a settlement cannot be reached, the case may proceed to litigation, where it will be heard in court. Wrongful termination claims can be complex, requiring a thorough understanding of both federal and state laws. Employees in Illinois who find themselves unfairly dismissed have several avenues for recourse, but successfully navigating these requires careful documentation, a clear understanding of legal rights, and, often, professional legal assistance. By taking the appropriate steps and consulting with the right professionals, employees can assert their rights and seek justice for wrongful termination. ## Contact Our Chicago Wrongful Termination Lawyers For Legal Justice Were you, a loved one, or a friend wrongfully terminated in Chicago? North Suburban Legal Services stands ready to pursue legal justice and just compensation! Contact our [Chicago wrongful termination lawyers](https://nslslaw.com/chicago-wrongful-termination-attorney.html) at the [North Suburban Legal Services](https://nslslaw.com/contact-us.html) at 312-909-6089 for your free initial consultation and to begin the process of rebuilding your life. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Wrongful Termination Lawyer --- ### [What Accommodations Does Employer Have To Make Under ADA?](https://nslslaw.com/what-accommodations-does-employer-have-to-make-under-ada/) **Published:** July 17, 2023 **Author:** admin **Content:** More than [60 million Americans are estimated to have some type of disability](https://www.cdc.gov/ncbddd/disabilityandhealth/infographic-disability-impacts-all.html). The Americans With Disabilities Act (ADA) offers vital protections for millions of these Americans with physical and mental impairments, but not every employer follows the requirements of the law. Learn about the required ADA accommodations below, then speak to our[ Chicago ADA attorneys](https://www.nslslaw.com/chicago-americans-with-disabilities-act-lawyer.html) for a case review. ## What Is The Americans With Disabilities Act? The ADA is a critical federal law that was passed in 1990 that defines what a disability is and requires certain kinds of protections for people with disabilities. The law has five key provisions: - Title I, Employment: This provision ensures those with disabilities enjoy the same rights to employment and benefits as other people. [Employers with 15 or more employees](https://www.dhs.state.il.us/page.aspx?item=64595) must make reasonable accommodations for people who are disabled, including employees and job applicants. If there is a complaint, it must be filed with the Equal Employment Opportunity Commission (EEOC) [within six months of the date of discrimination](https://www.ada.gov/resources/disability-rights-guide/). The time limit is 300 days if it is filed through a state or local entity. - Title II, Public Services: Bans discrimination in government programs, including public housing, social services, and schools. - Title III, Public Accommodations: Outlaws discrimination in all private and public places, such as retail stores, restaurants, healthcare provider offices, private schools, daycare centers, hotels, and more. - Title IV, Telecommunications: Mandates that Internet and telephone companies offer services for people with speech and hearing disabilities. Closed captioning is also required for public service announcements funded by the federal government. - Title V, Miscellaneous: Includes other provisions to safeguard the rights of those with disabilities. ## What Is A Disability Under The ADA? The ADA defines what a disability is and what companies must do to accommodate them. ‘Disability’ under the law means a mental or physical impairment that limits the ability of a person to perform a major life activity. The law includes those with a record of impairment, even when they are not disabled. This definition also includes those who have a limiting disability but might not be considered practically disabled. But you should know that being disabled according to the ADA differs from being disabled under other federal programs, such as Social Security. ## Your Right To Reasonable Accommodation In Illinois [Any employee with a disability in Illinois](https://iced.illinois.gov/state-employee-rights/your-right-to-reasonable-accommodation.html) can ask for reasonable accommodations related to their job. Also, an employment applicant has a right to reasonable accommodation related to their application and the company’s hiring process. Also, the Federal Americans With Disabilities Act and the Illinois Human Rights Act outlaw job discrimination because of disability. Many mental and physical disabilities are covered under these laws. According to the ADA, a ‘reasonable accommodation’ is a modification to a job process, schedule, or site that would allow a disabled person to perform their job. The requirement for reasonable accommodations is broad, and various modifications may be needed, based on the person, disability, and job. Some common types of reasonable accommodations include: - Adapting or modifying equipment - Changing work schedules - Changing job tasks - Modifying a bathroom for someone in a wheelchair - Offering an aid or service to improve access - Enhancing accessibility in a workplace - Changing how training materials and tests are presented - Offering reserved parking - Making physical modifications to a job site - Restructuring a job - Providing interpreters or readers For instance, if you apply for a job and are deaf, a reasonable accommodation might be providing you with a sign language interpreter for the interview. However, employers do not have to provide accommodations if it would create an ‘undue hardship’ on the business. ‘Undue hardship’ is a broad term that considers the number of people who work at the company and what the accommodation would cost. Here are some more specific examples of reasonable accommodation: - A supervisor provides job review feedback in writing instead of verbally for the worker who communicates better in written form. - The company changes its ‘no animals allowed’ policy, so you can bring your service animal. - The company buys software that increases the legibility of the computer screen so you can see it with your limited eyesight. - A manager provides you with a checklist to ensure a task is completed if you have an intellectual disability. ## How Do You Make A Reasonable Accommodation Request? Procedures are different with different companies. But all employers in the state must provide reasonable accommodation when requested. If you are in a job and need accommodation, you are obligated to request it. If your employer has one, you can ask for accommodation with your ADA coordinator. If it does not, talk to your HR department about your need for reasonable accommodation. ## What About Remote Work? Working remotely or telecommuting may be a reasonable accommodation for some disabled workers, especially those with physical limitations. Employees could request to work from home to complete their work duties if they have a sufficient Internet connection. More companies allow remote work after the pandemic, but only some occupations work well remotely. There also are disabled workers who do not prefer to work at home, so it will not work for everyone. But you should have an open conversation with your employer about the accommodations you need, whether it is remote work or something else. ## Does The ADA Apply To All Employers? The ADA is applicable to employers with 15 or more workers. This includes private companies, state and local agencies, labor groups, and employment agencies. ## Can An Employer Ask If I Have A Disability? When you apply for a job, the company cannot ask if you are disabled. Nor can they ask about the degree of your disability. However, the company may ask if you can perform the job duties and whether you need a reasonable accommodation. The company also can ask how you will fulfill your job duties. ## Contact Our Chicago ADA Lawyers Today Most employers are required under the ADA to provide reasonable accommodations. If they do not, you should talk to an attorney today. [Contact Our Chicago ADA attorneys](https://www.nslslaw.com/contact-us.html) at North Suburban Legal Services, we can help, so call (312) 909-6089. Our skilled disability attorneys will review the laws that apply to your situation and obtain justice for you. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** ADA Attorney --- ### [Is Constructive Dismissal Against The Law?](https://nslslaw.com/is-constructive-dismissal-against-the-law/) **Published:** July 3, 2023 **Author:** admin **Content:** Are you considering resigning from your position because of a hostile or intolerable workplace? If so, you could have a wrongful termination case. Learn about constructive dismissal and wrongful termination in this article, then contact our [Chicago wrongful termination attorney](https://www.nslslaw.com/practice-areas/employment.html) for legal advice. ## Illinois Is An At-Will Employment State [Illinois has an at-will employment policy](https://labor.illinois.gov/faqs.html), which means that the employer or employee can end the relationship at any time without any reason. The at-will employment rule means neither party must provide a termination notice to the other. However, there are exceptions to this employment law. First, your employer cannot violate any rules or provisions in your contract or union agreement. If your contract requires the employer to show cause, they must give you a reason. Second, you cannot be fired or discriminated against because of a protected characteristic, which includes: - Color - Race - Sex - Ancestry - Age - Marital status - Physical or mental disability - Military service If you are fired for any of these reasons, it constitutes wrongful termination. Wrongful termination happens when someone is illegally fired from their position, including retaliation. Retaliation means you were terminated for engaging in protected activities, such as opposing discrimination in the workplace, whistleblowing, or filing for workers’ compensation. It also is illegal for an employer to engage in constructive dismissal to get you to leave your position. You could have a legal claim if you left your job because of certain egregious work conditions. ## What Is Constructive Dismissal? What happens if an employer puts you in a position where you are in a hostile situation at work or at risk for unreasonable harm? Also, what happens if you quit because of the intolerable working condition? This is constructive dismissal and is a form of wrongful termination. The law states that ‘[constructive dismissal](https://www.ilga.gov/legislation/102/HB/10200HB3530.htm) is the voluntary termination of employment by an employee because of a situation created by an act or omission of the employer that an objective, reasonable person would find so intolerable that voluntary termination is the only reasonable alternative.’ Generally, your attorney will need to prove a pattern of egregious conduct by your employer before your resignation can be considered constructive dismissal. An isolated act is not usually seen as an adverse employment condition unless a violent crime occurs. The courts may examine several factors to decide if your resignation is constructive dismissal. These include: - The nature of the company’s conduct. - Whether or not you were required to be part of an illegal activity. - Whether or not your employer acknowledged your complaints. - The time that passed between your employer’s conduct and when you resigned. Suppose your employer makes your work conditions so unpleasant that you must resign. This could happen if you are put in an office that lacks heating or air conditioning, or if you are put in a workplace where there is ongoing construction, and the work is hazardous to your health. If a reasonable person would find these conditions too difficult, it might be considered constructive dismissal and could be the basis of a lawsuit. ## What Is The Reasonable Person Standard? While you may think you were in intolerable working conditions, the state courts may not agree. The courts will use a reasonable person standard to decide whether the average individual would find the employment conditions to be adverse and egregious. If a reasonable person did not believe the conditions were intolerable, your resignation would be considered voluntary. Your attorney will review how and why you left your job and tell you if it may be constructive dismissal. ## How Do You Prove Constructive Dismissal? There are several ways your attorney may prove constructive dismissal: - Your employer acted willfully and knowingly to create the work conditions that caused you to quit. - The work conditions they created caused you damage. - You resigned not long after the conduct occurred or while it was happening, which shows the conditions were the resign you quit. - A reasonable person would have left the position if faced with similar conditions. ## How To File A Claim After Your Constructive Dismissal You may file a claim by contacting the Illinois Department of Human Rights (IDHR) and the Equal Employment Opportunity Commission (EEOC) if you think you were a victim of constructive dismissal. The EEOC and IDHR work together to look into discrimination claims. The [EEOC requests that workers file claims via their website](https://publicportal.eeoc.gov/Portal/Login.aspx), and you will receive a report with the findings of the EEOC investigator after it is concluded. You have one month from the day you get the report to request a hearing before an administrative hearing judge. If the EEOC states that you have a case, they will file a lawsuit for you, or you can have your attorney do it. Even if the EEOC states that you do not have a case, your attorney can consider other legal remedies. ## Should You Hire A Lawyer For Constructive Dismissal? Constructive discharge cases are complicated. The best way to build your case is to have a skilled wrongful termination attorney research the case and find evidence that constructive dismissal occurred. They are familiar with the kinds of evidence that can support a constructive dismissal claim. Your attorney will also discuss the consequences of filing a lawsuit and the potential damages that may be recovered. Obtaining money for your lost pay and benefits may be possible, and in extreme situations, compensation for emotional distress and punitive damages are possible. If you want to talk to an attorney about your case, you should write down everything that took place that led to the alleged constructive dismissal. Also, if you have an employment contract, bring a copy to your legal consultation. Were there any witnesses to the adverse working conditions that led you to quit your job? ## Contact Our Chicago Wrongful Termination Attorneys Now Illinois is an at-will employment state, but workers have rights regarding wrongful termination. Do you suspect you were terminated at work illegally? You could have a wrongful termination lawsuit, so [contact our Chicago wrongful termination attorneys](https://www.nslslaw.com/contact-us.html) at North Suburban Legal Services at (312) 909-6089. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Wrongful Termination Attorney --- ### [How Are Pregnant Workers Protected From Wrongful Termination?](https://nslslaw.com/how-are-pregnant-workers-protected-from-wrongful-termination/) **Published:** June 19, 2023 **Author:** admin **Content:** All residents of Illinois have a [right to freedom from discrimination](https://dhr.illinois.gov/publications/pregnancy-rights.html) based on sex, pregnancy, childbirth, and conditions related to pregnancy. This protection extends to the workplace, so if you think you were wrongfully terminated because of your pregnancy, you have legal options outlined in this article. Also, our [Chicago wrongful termination attorneys](https://www.nslslaw.com/chicago-wrongful-termination-attorney.html) can help if you were fired because of your pregnancy. ## Pregnancy Discrimination Overview In Illinois Illinois is an at-will employment state, meaning your company can fire you without reason. However, your employer cannot fire you illegally for being a specific color, race, ethnicity, or for being pregnant. In addition, federal and state laws protect pregnant women from being terminated only because they are pregnant. In Illinois, the Illinois Human Rights Act outlaws sex discrimination, which prohibits employers from firing pregnant people, giving birth recently, or having a related medical issue. Federal law only outlaws employers with more than 15 employees from discriminating based on pregnancy, but Illinois’ law applies to all employers in the state. Under the Act in Illinois, your employer must make reasonable accommodations for you based on medical restrictions you have because you are pregnant. For example, pregnant women may need to use the restroom more often, so your employer should allow you to take extra breaks. ## What Is Wrongful Termination In Illinois? There are several types of wrongful termination in Illinois, from which state laws protect you. However, if you suspect you were wrongfully terminated, talk to an attorney immediately: - Discrimination: When someone is fired for being in a protected class, such as being pregnant, sex, gender, race, you can file a wrongful termination claim. - Retaliation: Your company cannot fire you for attending protests in your free time or for filing a workers’ comp claim. You also cannot be terminated if someone makes sexual advances on you at work. - Taking time off: If you take sick time, family leave time, or time off after having a baby, you cannot be terminated. ## What Damages Are Available In A Pregnancy Discrimination Claim? It is a serious matter if your employer terminates or discriminates against you for pregnancy. Contact a wrongful termination attorney in Chicago immediately if that happens to you. The first step is to file a discrimination complaint with the Illinois Department of Human Rights or the Equal Employment Opportunity Commission (EEOC). One of these agencies will attempt to resolve the matter between you and your employer. However, Illinois law allows you to file a wrongful termination lawsuit to obtain damages. You must get a right-to-sue letter if you wish to sue your company before the state or federal government reviews your claim. If your claim is successful, you could be entitled to back pay, rehiring, and more. ## How Do You Prove Wrongful Termination For Pregnancy? To have a successful claim, you must prove that your pregnancy was why you were fired. Many subtle signs of discrimination could show that your employer wrongfully terminated you. If you notice any of the following signs in your situation, talk to an attorney today: ### Your Company’s Reasons Are Not True Suppose your company says it fired you because of subpar sales performance. However, if your attorney can prove that your sales did not drop, or you outperformed most of your colleagues, this reason looks suspicious. It could be they are hiding the true reason they terminated you. ### Suspicious Timing Did you have excellent employee reviews until the month they found out you were pregnant? Then, you did the same things at work, but your reviews were suddenly mediocre. The timing of the termination and employee reviews is suspicious and could be the basis of a wrongful termination lawsuit. For example, there have been wrongful termination cases where a company fired a woman not long after she asked about the firm’s maternity leave policy. Some employers still do not want employees who need to take time off to have children. If this happened to you, it could be pregnancy and gender discrimination. ### Worse Treatment Than Other Workers Suppose there is a five-step disciplinary process before someone is fired at your company, and no one is ever let go without going through those steps. But you discovered you were fired without going through the disciplinary process and were the only pregnant one. This strongly implies that you have been discriminated against. ### Supervisors Make Comments About Pregnant Workers Many employers understand the law about discrimination and keep their beliefs hidden. But sometimes supervisors will say things that show they did not like that the employee was pregnant and took action against that employee. For example, just a comment like, ‘Pregnant women take too long to come back to work’ would be enough to constitute pregnancy discrimination. ## How To File A Wrongful Termination Claim As noted earlier, you should file a complaint with the EEOC if you suspect wrongful termination for pregnancy, and also contact the Illinois Department of Human Rights. Providing complaints to both agencies should ensure the matter is taken seriously. Both agencies will research your claim and decide if acting is appropriate. If one or both agencies does not act, you can still file a wrongful termination lawsuit with the assistance of your lawyer. If you file a lawsuit and it is successful, you could be entitled to some or all of the following compensation: - Lost earnings from losing your position until you found a new one - Medical bills associated with treating mental and emotional distress because of wrongful termination - Costs related to looking for a new job - Legal fees and court costs - Punitive damages in some cases - Compensation for the pain and suffering you were caused because of the wrongful termination The court also could require your employer to reinstate you in your previous position and order the company via injunction not to engage in this type of illegal behavior again. Talk to an attorney about your wrongful termination case to determine if there is a basis for a claim. ## Contact Our Chicago Wrongful Termination Lawyers Today Do you suspect you were terminated at work because of your pregnancy? That is illegal under state and federal law, so you should retain an attorney immediately. Our [Chicago wrongful termination attorneys](https://www.nslslaw.com/contact-us.html) at North Suburban Legal Services can help, so please call (312) 909-6089. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Wrongful Termination Attorney --- ### [How Will Illinois Workers' Rights Act Impact Businesses?](https://nslslaw.com/how-will-illinois-workers-rights-act-impact-businesses/) **Published:** June 5, 2023 **Author:** admin **Content:** Illinois has always been a strong union state, and to keep that tradition strong, the labor movement successfully [convinced state voters](https://abc7chicago.com/workers-rights-amendment-illinois-explained-in/12460824/) to add an amendment to the state constitution that guarantees that employees have the right to bargain and organize collectively. On November 8, 2022, voters in Illinois approved the Illinois Workers’ Rights Act, also known as the Illinois Workers’ Rights Amendment (IWRA), which changed the state constitution to ensure that workers have collective bargaining rights. Learn more about this Act and how it may affect businesses, then contact our [business law attorney in Schaumburg](https://www.nslslaw.com/practice-areas/business.html) at North Suburban Legal Services if you have questions. ## What Is The Illinois Workers’ Rights Act? Last election day, Illinois voters approved the [Illinois Workers’ Rights Amendment](https://www.epi.org/blog/illinois-workers-rights-amendment-sets-new-bar-for-state-worker-power-policy-other-state-legislatures-should-seize-the-moment-to-advance-worker-racial-and-gender-justice-in-2023/#:~:text=The%20Illinois%20Workers'%20Rights%20Amendment,conditions%2C%20and%20to%20protect%20their) that guarantees all workers in the state organizing and collective bargaining rights. In addition, the amendment added language to the Illinois Constitution that affirms that workers have the right to organize and bargain collectively using representatives they choose, to negotiate worker pay, working conditions, and hours, and protect their safety and economic welfare. These changes are intended to provide additional worker security and protection. The new clause also states that no law can be passed in Illinois at the local level that interferes with or reduces the rights of workers to organize and bargain collectively. Legal experts say that the amendment could majorly impact bargaining rights in the public and private sectors. However, some believe the act could be preempted by the National Labor Relations Act (NLRA). ## How The Illinois Workers’ Rights Act Could Affect Employers The act will likely expand the collective bargaining rights of many employees. However, the language in the act raises many questions about who will be allowed to bargain with Illinois businesses, when bargaining is allowed, and what the scope is of that activity. Many legal experts say that the IWRA is a novel take on collective bargaining rights and something for businesses and their attorneys to watch, as the new protections under the act could overlap with other state and federal laws. For instance, Illinois labor laws and the NRLA protect workers’ rights to organize and collectively bargain regarding hours, wages, working conditions, etc. But the act adds these subjects to the worker’s right to bargain to safeguard their safety and economic welfare. The state legislature did not define what ‘economic welfare’ means. However, some believe it describes a concept beyond conventional NRLA terminology and employment conditions. Many in the legal and business communities expect litigation over the meaning and scope of the IWRA because ‘safety at work’ and ‘economic welfare’ are not defined. Also, the amendment would seem to cover types of workers that do not currently have NLRA protections, such as managers and independent contractors. There also are many questions about whether the NRLA preempts the act partially or entirely. Some believe the amendment only applies to public-sector workers because the NRLA already covers private-sector workers. Some community members in the Chicago area believe that the act will drive up local property taxes because it allows public employee unions to negotiate on more issues surrounding ‘economic welfare.’ If property taxes go up, that could have a negative impact on businesses in the state. Also, the amendment preempts right-to-work laws that could have adverse outcomes. [The IWRA could prevent lawmakers and the people](https://www.chicagobusiness.com/politics/what-know-about-workers-rights-amendment) from ever reforming labor laws, some believe. Thus, the argument goes, if legislators decide to limit the scope of ‘economic welfare,’ they will not be allowed to better define what it means because the amendment prohibits it. Many business attorneys expect the amendment will receive many court challenges. However, it is recommended that Illinois businesses take active steps with their business attorneys to comply with all requirements regarding collective bargaining. ## Common Questions About The Illinois Workers’ Rights Amendment Many questions remain about the IWRA and how it will affect businesses. However, there have been many answers provided about the law online, including the following: ### Will The IWRA Raise Taxes? Some argue that the passage of the amendment will lead to tax increases. However, [the SEIU argues](https://seiuhcilin.org/2022/09/workers-rights-amendment-faq/) that it will not increase property taxes. Instead, the organization argues that the amendment protects workers’ rights to bargain for better benefits and pay, which would put more money in the pockets of families. ### Why Is The IWRA Needed When Illinois Already Has Robust Labor Laws? Illinois has a strong tradition as a pro-worker state, and many believe the IWRA will keep it that way. The amendment was designed to guarantee worker rights and protect people from laws that negatively affect workers. The law also was designed to protect workers from restrictions on worker rights at the federal level. ### How Will The IWRA Affect Right-To-Work Laws In The State? Many workplaces in the state are already pro-union, which means workers must belong to the union to be employed there. However, right-to-work laws make it illegal for a union or employer to sign an agreement that makes paying union dues a condition of employment. The IWRA would likely block future right-to-work laws in the state. It also rejects the home rule exemption that allows a county or municipality to pass unblocking legislation. However, right-to-work laws are often looked on favorably by businesses so it remains to be seen what could happen if local right-to-work efforts are attempted. ### How Much Will The Labor Landscape Change In Illinois Because Of The IWRA? The act recognizes workers’ fundamental right to collectively bargain and organize through their chosen representatives to negotiate conditions, hours, and wages. However, legal experts note that this still does not significantly change the labor landscape in the state. The language in the IWRA mirrors what is already in the NLRA under Section 7. This section gives employees the right to organize, join labor unions, and bargain collectively. ## Contact Our Business Law Attorney In Schaumburg Now There are still many questions about this recently passed act, but public and private sector companies should know about the potential of union rights being expanded soon. If you have questions about how the Illinois Workers, Rights Act could affect you, [contact our business law attorney in Schaumburg](https://www.nslslaw.com/contact-us.html) at North Suburban Legal Services today at (312) 909-6089. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Business Law Attorney --- ### [What To Know About New U.S. Tax Laws](https://nslslaw.com/what-to-know-about-new-u-s-tax-laws/) **Published:** May 5, 2023 **Author:** admin **Content:** Like most people, you probably consider taxes when you make financial decisions. Therefore, it is wise to pay attention to major tax law changes to understand how they will affect how you spend and invest your money. There have been several federal tax law changes since the Biden Administration began, which are detailed below. In particular, the administration passed the [Inflation Reduction Act in 2022](https://www.irs.gov/newsroom/irs-provides-tax-inflation-adjustments-for-tax-year-2023) and other laws that contain essential tax law changes. If you have legal questions, our [Chicago IRS lawyers](https://www.nslslaw.com/practice-areas/tax/irs-tax-lawyers.html) at North Suburban Legal Services can help. ## Federal Income Tax Bracket Changes MSNBC reported a [7% change in federal income tax brackets](https://www.cnbc.com/2022/09/19/how-high-inflation-may-affect-which-tax-bracket-youre-in-next-year.html) between 2022 and 2023. This change was larger than usual because inflation has been high after the pandemic for various reasons. The following are the marginal tax brackets for 2023 for people who are married and filing jointly: - Taxable income of $22,000 or less: 10% of taxable income - $22,001 to $89,450: $2,200 plus 12% of the amount over $22,000 - $89,451 to $190,750: $10,294 plus 22% of the amount over $89,450 - $190,751 to $364,200: $32,580 plus 24% of the amount over $190,750 - $364,201 to $462,500: $74,208 plus 32% of the amount over $364,200 - $462,501 to $693,750: $105,664 plus 35% of the amount over $462,500 - $693,751 or more: $186,601 plus 37% of the amount over $693,750 ## Standard Deduction Increases The standard deduction was increased by 7% for 2023 to $27,700 for married couples filing jointly, an increase from $25,900 last year. In addition, a single filer can claim $13,850, up from $12,950 last year. 90% of taxpayers currently claim the standard deduction, so this change could significantly impact tax savings for many people. ## Increased IRS Enforcement The Inflation Reduction Act contains $80 billion in funding over a decade to allow the IRS to engage in additional tax enforcement. The idea behind the increased funding is to increase the collection of taxes with more audits and related enforcement actions. ## 15% Minimum Corporate Tax A vital provision of the Inflation Reduction Act is putting a 15% corporate minimum tax on companies earning more than $1 billion annually. Under the old law, these companies were subject to a 21% corporate tax but many paid less or no tax. Under the new law, the 15% minimum tax applies to yearly income posted in the company’s financial statement instead of the firm’s taxable income. This change took place on Jan. 1, 2023. Fortunately, companies can still claim tax credits to lower their taxes. Note that a provision of the tax law states that private equity firm subsidiaries that make more than $1 billion annually are exempt from the new tax. ## Alternative Minimum Tax (AMT) Exemption The AMT exemption amount for 2023 is $81,300 and starts to phase out at $578,150 or $126,500 for a married couple filing jointly, for whom the AMT exemption starts to phase out at $1,156,300. ## 2023 Maximum Earned Income Tax Credit The maximum Earned Income Tax Credit for 2023 is $7,430 for taxpayers who qualify and have three or more qualifying children. This is an increase from $6,935 in 2022. ## Tax On Stock Buybacks Large companies often repurchase their stock to increase the share value. However, the Inflation Reduction Act put a 1% tax on companies’ stock buybacks. This change also occurred on Jan. 1, 2023. ## More For Retirement Catch-Up Contributions People who are 50 and older can make catch-up contributions to retirement plans, which is more than the normal maximum contribution. This amount was $6,500 last year, but it has been increased to $7,500 in 2023. Also, a provision will take effect in 2025 that lets workers who are 60 to 63 make larger catch-up contributions as high as $11,250 per year. These contributions are pre-tax, so the contributions lower one’s current tax liability. ## More Penalty-Free Distributions There are provisions in the law that allow some people to make early withdrawals before age 59-1/2. These are for people who are terminally ill, domestic abuse victims, and to pay for the cost of long-term care. Also, those affected by a federally-declared disaster can withdraw up to $22,000 without penalties. They also can stretch the payments on income taxes that are required for the distribution for up to three years. ## Delays For Starting Age For Required Minimum Distributions (RMDs) Individuals through 2022 had to start taking RMDs from their job retirement plans and regular IRA by April 1 of the year when they turned 72. However, starting Jan. 1, 2023, the age to start RMDs changed to 73, and it will increase to 75 in 2033. Although this delays required distributions and also delays the tax liability that happens from distributions, it will lead to bigger payouts over a shorter time. This could cause negative tax consequences for certain taxpayers. ## Additional Flexibility For Qualified Charitable Distributions (QCD) As of Jan. 1, 2023, people who are 70-1/2 or older may make a one-time give of $50,000 from their IRA to a charitable remainder annuity trust, charitable gift annuity, or charitable remainder trust. The amount placed into the annuity or trust goes toward the $100,000 yearly QCD total gift allowed before for certain 501(c)(3) charitable organizations. Tax experts say this may be an effective way to reduce additional tax liability and also reduce RMDs. ## 529 Plan Changes People with unused balances in their 529 education savings plans can move that money up to $35,000 to a Roth IRA. However, this only applies to a 529 plan that has been in effect for at least 15 years. You can make transfers to Roth IRAs if they do not exceed contribution limits for a year, which is $6,500 for most people and $7,500 for those 50 and older. These transfers avoid income taxes and penalties of 10% that would have applied to money in the 529 plan if it had been taken out as a non-qualified distribution. ## Contact Our Chicago IRS Lawyers Now Federal tax laws have changed considerably under the Biden Administration, so talk to your CPA to determine how the changes affect you. If you have tax issues, you do not want to take on the IRS alone. [Work with our Chicago IRS lawyers](https://www.nslslaw.com/contact-us.html) at North Suburban Legal Services for the best case result by calling (312) 909-6089. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** IRS Lawyer --- ### [Reasons For A Business To Hire An Illinois Unemployment Claims Defense Lawyer](https://nslslaw.com/reasons-for-a-business-to-hire-an-illinois-unemployment-claims-defense-lawyer/) **Published:** April 25, 2023 **Author:** admin **Content:** Illinois employees are entitled to unemployment benefits if they are laid off or terminated due to no fault of their own. However, there are situations where a company should contest paying unemployment benefits and retain an [Illinois unemployment claims defense lawyer](https://www.nslslaw.com/chicago-wrongful-termination-attorney.html). ## Why Should You Hire An Unemployment Claims Defense Lawyer? Some unemployment claims are legitimate. For example, there is no point in fighting an unemployment claim if a worker was laid off due to no fault of their own. However, you may want to retain an Illinois unemployment claims defense attorney in these situations: - Increase in unemployment insurance rates: While layoff is a legitimate reason for someone to file for unemployment, companies do not want workers to claim benefits unfairly, or their insurance rates will rise. The tax rate companies pay is partly decided by how many claims former employees make. - Concern the employee will file a wrongful termination lawsuit: Receiving an unemployment benefits application can be helpful to see the worker’s side of the story. In addition, this information can help determine if you think the worker will file for wrongful termination. Before you and your organization fight an unemployment claim, it is wise to proceed cautiously. These are costly legal fights, guaranteeing your former employee will be an enemy. Also, if the worker has friends who are still with the company, this could have a negative effect on the organization. ## When Should You Contest An Unemployment Claim? Unemployment is intended to provide temporary income to employees who lose their jobs. Unemployment compensation is usually awarded to people who lost their jobs due to layoffs, cutbacks, and other reasons that are not the employees’ fault. Illinois finances unemployment benefits by levying taxes on employers, which are experience-rated. This means that companies with a higher number of former workers receiving unemployment will pay higher taxes and are usually paid quarterly. The unemployment claims experience rating affects the company’s taxes, so it is often in the company’s interest to appeal an unwarranted claim. In most cases, these claims occur when a worker voluntarily leaves the job, or they were fired for cause. Below are the steps to determine if your organization should [contest the unemployment claim](https://www.shrm.org/resourcesandtools/tools-and-samples/how-to-guides/pages/contestunemploymentclaim.aspx) and possibly retain an unemployment claims defense attorney: ## Receive The Unemployment Claim When the worker files for unemployment, you will get a notification from the [Illinois Department of Employment Security (IDES).](https://ides.illinois.gov/) This notification includes information that the worker provided to support the benefits application. In addition, the commission could have you be part of a hearing over the telephone to determine if the unemployment claim should be honored. ### Verify Claim Details Your organization should verify the information the employee provided to the unemployment commission. First, check that the person worked for your organization and that the information on wages, employment dates, and related information is accurate. Next, verify the details that led to the claim. This is usually related to the details about why the employee was terminated. ### Determine If You Want To Appeal The Unemployment Claim There are situations where an employer will want to contest an unemployment claim. However, remember that the employee has a right to receive benefits in Illinois if they lost work through layoffs or through no fault of their own, or their work hours were cut for reasons that were not their fault. However, if the employee engaged in willful misconduct including the following examples, you may want to have an unemployment claims defense lawyer assist you: #### Violating Company Policies You must prove that your company has a policy or rule and that the worker violated it. It does not matter if the worker knew the rule or not. #### Did Not Follow Instructions You must prove that the company gave instructions to the worker and they did not follow them. However, the unemployment commission will not consider it willful misconduct if it decides the company’s instructions were unreasonable and the employee was justified in not following them. #### Excessive Tardiness It is willful misconduct if the worker does not have good reasons for being late or absent. But if the employee was sick or disabled, these are reasonable causes, and they may be entitled to unemployment benefits. #### Not Meeting Reasonable Behavior Standards These are standards that the company may not have in the policy manual, but include sleeping at work, fighting, stealing, being under the influence of drugs or alcohol, or engaging in abusive or offensive behavior. After your company reviews the information above, if you think the worker has a right to unemployment, you should report that to the unemployment commission., But if you believe that the worker engaged in willful misconduct, you can contest the unemployment claim. ### Collect Evidence If you believe the worker is not entitled to unemployment based on the facts, you must gather evidence for your case to present to the IDES. You should gather all written evidence to support your view of the unemployment claim, including the worker’s attendance records, disciplinary actions, and any resignation letter or letter asking for reduced hours, if applicable. ### Attend The Unemployment Benefits Hearing You or your attorney must attend this hearing to explain why you believe the employee should not receive unemployment benefits. Therefore, preparing carefully, removing emotion, and being prompt to the hearing is critical. ### Receive The Decision After you attend the hearing, an unemployment officer will usually tell you when there will be a decision. If the IDES decides to favor the worker, you will be notified of how to appeal. The agency will explain why the determination was made, and you and your attorney can decide if appealing is in your best interests. ## Contact Our Illinois Unemployment Claims Defense Lawyer The process to claim unemployment in Illinois is relaxed and designed to favor the worker. However, if you are a company in the state with at least two employees, it is usually beneficial to have an unemployment benefits case reviewed by an attorney. After all, if you have to pay unemployment, your company must pay more in unemployment insurance benefit tax deductions, which can reduce company growth. Furthermore, the burden of proof is on you to prove that your former employee is not entitled to benefits. If your business needs assistance with an unemployment benefits claim filed by an employee, [contact our Illinois unemployment claims defense lawyer](https://www.nslslaw.com/contact-us.html) at North Suburban Legal Services at (312) 909-6089. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Unemployment Claims Defense Lawyer --- ### [Is Age Discrimination More Common For Older Or Younger Workers?](https://nslslaw.com/is-age-discrimination-more-common-for-older-or-younger-workers/) **Published:** April 10, 2023 **Author:** admin **Content:** Age discrimination is nothing new, but more people discuss it today than ever before. Research suggests that [2/3 of adults over 50](https://www.aarp.org/research/topics/economics/info-2022/workforce-trends-older-adults-age-discrimination.html) think that older employees are discriminated against because of their age. Also, [78% of older workers](https://generations.asaging.org/age-discrimination-costly-workplace-practice) say they have experienced or seen age discrimination. But are younger workers discriminated against as well? Find out more in this article about age discrimination, then speak to our [Chicago age discrimination attorneys](https://www.nslslaw.com/chicago-age-discrimination-lawyer.html) at North Suburban Legal Services for assistance. ## What Are Examples Of Age Discrimination? It is rare for an employer to directly state that they are discriminating against you because you are too young or old. For instance, most organizations will not say they did not hire you because of your age. However, age discrimination is more indirect, and it may be happening if you notice any of the following: - You were denied a promotion or salary increase because you are too young or old. - Your job responsibilities were curtailed suddenly without explanation. - The employer is only hiring and promoting workers of a certain age. - You were laid off or fired even though you have excellent job performance. - You were passed over for training and promotions. - Your employer gives you job tasks that are far beneath your skill level. While most of the age discrimination discussed in society is about older workers, it can apply to younger workers, too. For example, younger workers also can be passed over for promotions because of their age. Also, young employees may be paid less because of their age and lack of experience. But overall, it is believed that age discrimination is more common against older employees. Also, state, federal, and local laws that address age discrimination only mention workers who are 40 and older, not younger workers. If you are a younger worker and think you face age discrimination, talk to a Chicago age discrimination attorney. ## Overview Of The Age Discrimination Employment Act Age discrimination in the workplace is illegal, and in Illinois, the [Age Discrimination Employment Act (ADEA)](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2266) protects workers from this mistreatment. The critical parts of the ADEA that protects older workers from age discrimination are summarized below. However, keep in mind that the ADEA only applies to workers in Illinois over 40, so younger workers are not protected: The ADEA makes it illegal to discriminate against someone because of age at any part of the employment process. This includes hiring, interviewing, salary increases, promotions, and terminations - The law makes it illegal for other workers, supervisors, managers, and others to harass workers because of their age. For example, if your manager comments about your age and difficulty with new technology, this is a red flag for age discrimination. - The ADEA applies to all organizations with at least 20 employees. But the Illinois Human Rights Act also outlaws age discrimination and applies to companies with at least 15 workers. - The AEA makes it legal for companies to ask the age of workers and job candidates or when they will graduate from high school or college. This may make it more challenging to prove you were discriminated against because of your age. Additionally, the City of Chicago makes it illegal to discriminate against workers who are 40 and older. However, the [Chicago Human Rights Ordinance](https://www.chicago.gov/content/dam/city/depts/cchr/AdjSupportingInfo/AdjFORMS/2016AdjForms/2016AgeDiscriminationInTheWorkplace.pdf) states that it is not a violation to discriminate against employees under 40. The US Equal Opportunity Commission (EEOC) also [bans age discrimination for workers 40 and older](https://www.eeoc.gov/age-discrimination), but not younger workers. ## How To Deal With Workplace Age Discrimination If you think your age is costing you a job, promotion, or favorable work assignments, [you have ways to fight back](https://www.aarp.org/work/age-discrimination/how-to-fight-back/). First, take the following steps, then speak to an age discrimination attorney: ### Talk To Your Manager You should talk to your manager about whether you are being discriminated against because you are too young or old. Filing an official complaint with the HR depart is only sometimes necessary. Sometimes, unfair treatment can be addressed with an informal conversation. Many employers will want to avoid legal hassles over age discrimination and may take action to resolve the matter quickly. ### Maintain A Log Write down any actions or comments that you think are because of age discrimination against you. Also, keep an electronic file of emails, texts, and memos showing improper treatment. It also is helpful to maintain a timeline, which could indicate that the employer retaliated after you filed a complaint. However, you should not record any conversations with co-workers or managers; [Illinois is a two-party consent state](https://recordinglaw.com/party-two-party-consent-states/illinois-recording-laws/), meaning that it is illegal to record communications without the consent of all parties. ### File A Complaint With The Company If an informal conversation with the manager does not resolve the matter, follow your company’s official complaint process. This may mean filing a discrimination complaint with your HR department or with an executive-level officer or manager. Be sure that you make your complaint in writing and not just verbally. ### Hire An Age Discrimination Lawyer It is not recommended to handle an age discrimination claim without legal representation. For instance, you must file your age discrimination claim with the EEOC within 180 days of the alleged offense. Your attorney can direct you to where it is best to file your claim – either with the state or the local jurisdiction where the company is located. Many age discrimination attorneys handle these cases on a contingency basis, meaning you do not pay legal fees unless you win. ### Talk To The EEOC You can talk to the EEOC about your concerns before you file a complaint, which is known as a charge of discrimination. If you make a formal complaint, it will be investigated by the federal agency or the state. For example, Illinois has its own age discrimination investigators and will share their knowledge and information with the EEOC about the case. ### File A Lawsuit If the issue cannot be resolved and you filed a complaint with the EEOC, you can file a lawsuit if you have not heard from them after 60 days. The EEOC should send you a ‘right to sue’ letter, but you have only 90 days to take action. ## Contact Our Chicago Age Discrimination Attorneys Being a victim of age discrimination at work is upsetting and illegal. However, if you were discriminated against because of age, you can file an age discrimination lawsuit and receive compensation. [Talk to our Chicago age discrimination attorneys](https://www.nslslaw.com/contact-us.html) at North Suburban Legal Services today at (312) 909-6089. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Age Discrimination Attorney --- ### [Examples Of Retaliatory Discharge](https://nslslaw.com/examples-of-retaliatory-discharge/) **Published:** March 27, 2023 **Author:** admin **Content:** If you filed a complaint against your employer in Illinois and were fired, you are a victim of retaliatory discharge. An employer that retaliates against an employee may face severe financial consequences. Below are some of the most common examples of retaliatory discharge. If you think this has happened to you, our [Chicago retaliatory discharge attorneys](https://www.nslslaw.com/chicago-retaliatory-discharge-attorneys.html) at North Suburban Legal Services can help. ## Age Discrimination Suppose you are 45 years old and were fired for being late to work. However, you notice that a 30-year-old colleague is also often late and has never been disciplined. You could be a victim of age discrimination. If that happened, the good news is Illinois has the [Age Discrimination in Employment Act (ADEA)](https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967). This law makes it illegal for an employer to retaliate or treat you unfairly because of your age. ADEA applies to layoffs, terminations, payroll benefits, and promotions. ## Sexual Harassment Sexual harassment on the job is always intolerable. At work, it is illegal. If you suspect you were sexually harassed at work and you believe your manager fired you because of a complaint, talk to a retaliatory discharge lawyer in Chicago today. Sexual harassment is covered in the [Civil Rights Act of 1964](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964) and can be punished according to federal law. If you prove your claim, you may be entitled to back pay from when you were fired until you received a settlement or were reinstated. When you have the right attorney working for you, you could be entitled to additional compensation. ## Participating In An Investigation Your employer cannot fire or demote you for being part of a lawsuit, investigation, or hearing about possibly illegal company practices. For instance, if you receive a subpoena to testify in a sexual discrimination case, you cannot be terminated for doing so. Also, an employee that offers information to investigators about hour and wage violations cannot be fired. ## Reporting Illegal Behavior If you reported possibly illegal behavior by your employer, they cannot retaliate by terminating you. For example, suppose you find out your company is breaking EPA rules by poisoning a local river with manufacturing waste. If you report it and your company fires you, you should file a lawsuit for retaliatory discharge. Courts use what is called an objective standard when reviewing employee protections. This means that your claim about possibly illegal behavior has to have been made in good faith. It is not necessary that the law violation really happened. As long as you honestly believed that the violation happened, the reporting you did is legally protected. ## How A Retaliatory Discharge Case Often Looks All retaliatory discharge cases are different, but many cases follow a similar pattern: - Your employer discriminated against or harassed you, or asked you to take an action that is outside of your job role. You declined, or you were a whistleblower. - You filed a complaint against the company or another worker and the company found out. - A few days or weeks later, you notice the company treats you differently. They might demote or take important projects away from you. Or, they may slash your hours or pay to get you to leave. - You were fired. If your case looks a bit different than this example, it is ok. If you are able to prove that you filed a claim or complaint and then were fired, you have two vital aspects of a retaliatory discrimination case. ## How To Prove Retaliatory Discharge To prove a retaliatory discharge claim, if you still work at the employer, you need to file a complaint with the HR department. This tells your company that you are taking action about a possible retaliatory discharge claim. You and your attorney must prove the following to win the case: You were a victim of or witnessed some type of discrimination or harassment. You were part of a protected activity after the company’s illegal activity. You were punished in some manner because you were part of the protected activity. It can be challenging to prove the link between your protected activity and the termination. Federal and state law allows for the link to be demonstrated by direct and indirect evidence. Direct evidence includes verbal or written statements that you were fired for participating in a protected activity. Indirect or circumstantial evidence means there was an inference that your firing or punishment was because you participated in the protected activity. Most employers will not supply you with direct evidence that you were wrongfully terminated. HR departments and managers know employment law and that they can face a lawsuit for wrongful termination. So, it is helpful to gather as much circumstantial evidence as possible to prove your case. For example, take notice if adverse actions are often taken against employees who file complaints. Or, employees that look the other way when something questionable goes on are not fired or demoted. If you decide to file a retaliatory discharge claim, be sure that you speak honestly with your lawyer about recent performance reviews. If your reviews show a sudden decline after you engaged in the protected activity, this could be useful evidence. Whether or not the performance reviews suggest discrimination, it may be helpful to look at your company’s claim for why they terminated you with what is shown in your reviews. For instance, maybe your recent reviews show excellent performance, but the company says otherwise when they reply to your allegation. The positive performance reviews will cast doubt on the idea that poor performance was the reason you were fired. Keep in mind that companies may fight the retaliatory discharge claim by trying to show valid reasons they fired you. After all, Illinois is an ‘at will’ employment state, meaning your employer can fire you without reason. However, they cannot fire you by discriminating unfairly against you. ## Contact Our Chicago Retaliatory Discharge Attorneys If you think your company retaliated against you and terminated your employment unfairly, you do not have to put up with this mistreatment. You can sue your employer for retaliatory discharge and receive compensation. Please [contact our Chicago retaliatory discharge attorneys](https://www.nslslaw.com/contact-us.html) at North Suburban Legal Services for a complimentary consultation at (312) 909-6089. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Retaliatory Discharge Attorney --- ### [What Is Sex Discrimination, And How Do I Prove It?](https://nslslaw.com/what-is-sex-discrimination-and-how-do-i-prove-it/) **Published:** March 20, 2023 **Author:** admin **Content:** It is illegal in Illinois for a company to fire or take an adverse job action against you because of your sex or gender. Oftentimes, a sex discrimination case involves a female employee being mistreated at work but there are many variations. If you think you are being sexually discriminated against on the job, below is critical information to know. Next, speak to a [Chicago sex discrimination lawyer](https://www.nslslaw.com/chicago-sex-discrimination-lawyer.html) at North Suburban Legal Services for help filing a claim or lawsuit. ## Sex Discrimination Overview The Civil Rights Act of 1964 and the [Illinois Human Rights Act](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2266&ChapterID=64) ban discrimination based on sex or gender. Both laws also prohibit sexual harassment. [Sex discrimination](https://www.eeoc.gov/sex-based-discrimination) means treating an employee or job applicant in a detrimental manner because of their gender. Title VII of the Civil Rights Act states it is against the law to discriminate by sex in any part of employment. This includes: - Hiring - Firing - Compensation - Work assignments - Layoff training - Benefits - Promotions - Other terms of conditions at work So, it is against state and federal law to discriminate against you under Title VII and the Equal Pay Act. Therefore, you can have a claim under the Equal Pay Act and Title VII for unequal pay because of sex discrimination. Also, the Pregnancy Discrimination Act bans sex discrimination because of pregnancy, childbirth, or related medical issues. ## Potential Damages For Sex Discrimination Under Federal And State Law Title VII applies to any employer that has 15 or more workers. It also applies to federal, state, and local employers. Workers who are sexually discriminated against under Title IVV may be eligible for compensatory and punitive damages. You also may receive back pay, front pay, and attorney’s fees and costs. Title VII also establishes caps on the compensatory and punitive damages you can receive. The caps depend on the size of the organization: - 15-100 workers: $50,000 compensatory damages, $50,000 punitive damages - 101-200 workers: $100,000 compensatory damages, $100,000 punitive damages - 201-500 workers: $200,000 compensatory damages, $200,000 punitive damages - 501 or more workers: $300,000 compensatory damages, $300,000 punitive damages However, the Illinois Human Rights Act does not have caps on what you can receive for proving sex discrimination. This Act usually applies to organizations with at least 15 workers in the state. It also applies to public contractors and state government agencies. But for a sex harassment claim, organizations with one or more workers are covered by the Illinois Human Rights Act. ## How Do You Prove Sex Discrimination? Proving a sex discrimination case is complex and usually requires the help of a lawyer. There are two kinds of evidence that you prove sex discrimination or harassment: ### Direct Evidence Direct evidence is the simplest way to prove sex discrimination. For example, direct evidence would be supervisor statements or written communications that relate to the adverse action taken against you because of sex or gender. For instance, if your boss says you are being laid off because you are pregnant and plan to take leave, this is direct evidence of discrimination. The evidence might be in a verbal comment, email, note, or memo. However, most employers know not to provide direct evidence of discrimination. Therefore, your attorney may have to do additional work collecting circumstantial evidence to prove discrimination. ### Circumstantial Evidence Circumstantial or indirect evidence is anything besides direct statements from the organization that suggest discrimination. Workers usually have to rely on indirect evidence to prove sex discrimination. This is done with the ‘[McDonnell-Douglas Test](https://definitions.uslegal.com/m/mcdonnell-douglas-test/),’ named after a well-known US Supreme Court decision. The decision established that the worker must demonstrate a ‘prima facie case’ to suggest sex discrimination occurred. To do so, you must be able to say ‘yes’ to these questions: - Do you belong to the protected class? For instance, are you in that sex or gender class? - Are you qualified for your job? For instance, if you need a master’s degree for the teaching position, do you have one? - Did the organization take adverse action against you? These include firing, hiring, promoting, compensating, etc. For example, did the company decline to promote you because you plan to take maternity leave? If so, that is sex discrimination. - Did someone replace you that is not your sex or gender? For instance, were you replaced by a man if you are a woman? If you show those four things above because you were qualified for the position and an adverse action was taken, then you were replaced by someone, not in the class, discrimination might have occurred. Some other circumstantial evidence that could suggest discrimination include: - Being treated differently than someone not in your class with the same skills, experience, and education. - Managers make negative comments about your status in a protected class. - Circumstances of the treatment are highly unjust and severe. - An employer has a history of showing discrimination towards people in your class. - Fewer workers are in your protected class than others. ## How Do You Know If You Were Discriminated Against? Rarely will an employer or supervisor directly state that they discriminate against you, so, you should watch for discriminatory actions or comments. Note how people of your sex or gender are treated compared to others. If you suspect your work conditions are affected by your sex or gender, that is sex discrimination. However, just because you think a situation is unfair does not mean you are being discriminated against. The adverse decision must affect your job, duties, and compensation. For example, if your supervisor does not give you as much food or candy because you are a woman, that is unfair (and silly). But it is probably not the basis of a sex discrimination case. On the other hand, deciding to give you a lower commission schedule because of your sex or gender is sex discrimination and would be actionable. If you have questions about whether an action or decision is sex discrimination, you should run the scenario past a Chicago sex discrimination attorney. ## Call A Chicago Sex Discrimination Lawyer Now Sex discrimination is serious anywhere in Chicago, from the Museum of Science and Industry to Shedd Aquarium and everything in between. Do you think you were a sex discrimination victim? You have rights under the law. Our Chicago sex discrimination lawyers at [North Suburban Legal Services](https://www.nslslaw.com/contact-us.html) can help, so call (312) 909-6089 for assistance. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Sex Discrimination Lawyer --- ### [How Receptive Is The IRS To An Offer In Compromise?](https://nslslaw.com/how-receptive-is-the-irs-to-an-offer-in-compromise/) **Published:** March 6, 2023 **Author:** admin **Content:** If you listen to the radio, you may often hear about the IRS settling tax debts for a fraction of what you owe. This advertisement usually refers to the Offer in Compromise (OIC) program that the IRS offers on a limited basis. How receptive is the IRS to an OIC? Keep reading to find out, then talk to our [Chicago tax lawyers](https://www.nslslaw.com/practice-areas/tax/irs-tax-lawyers.html) at North Suburban Legal Services if you have questions. ## Offer In Compromise Overview An OIC program allows a limited number of taxpayers to settle their debt for less than they owe. You need to meet specific requirements to apply for the program. However, the IRS rejects more applications than it accepts. For example, in 2021, the [IRS accepted only 15,154 out of 49,285 requests](https://www.nerdwallet.com/article/taxes/irs-offer-in-compromise-basics-and-who-qualifies). So, while the IRS is receptive to an offer in compromise, chances are high that it will be rejected. The chances of it being accepted rise if you have an experienced tax professional or attorney handle the matter. Also, the IRS will often approve the OIC if you offer the most they can collect in a reasonable time. You also should consider all payment options before you submit your offer. ## How To Apply For An Offer In Compromise There are three parts to the OIC application process. First, your Chicago tax lawyer can help you with the application: - Fill out IRS forms 433-A and 656. If you think the tax debt does not belong to you or does not exist, you can complete Form 656-L. - Pay the $205 application fee. This is non-refundable, but it can be waived if you can prove you have a low income. - Make a payment towards the new balance you propose. You will need to give the IRS a lot of documentation about your income, assets, cash in the bank, and debt. You must also provide information about your rent, groceries, utilities, and related expenses. Taxpayers can fill out the documents themselves, but having an attorney do it for you might increase your chances of acceptance. ## IRS Rules About Offer In Compromise [The IRS may be open to an offer of compromise](https://www.irs.gov/taxtopics/tc204#:~:text=First%2C%20the%20IRS%20can%20accept,amount%20owed%20is%20fully%20collectible.) in these situations: - If there is any doubt about liability. An OIC meets this standard if there is a dispute about how much tax is owed according to the law. - If there is doubt that what you owe is collectible. Doubt about the ability to collect happens if your assets and income are below what you owe. - The IRS can also accept an OIC according to effective tax administration. This means there is no doubt about what you owe or that you could pay it, but it would create economic hardships or be unfair. ## How You Can Pay An OIC If the IRS accepts your proposal, you have two options to settle your tax debt: ### Payment Plan You must pay the debt within 24 months and send the first payment with your OIC application. However, the IRS will not refund the money even if it rejects the plan; it will simply put the money towards the debt you owe. Therefore, it is wise to continue to make payments while you wait for the IRS decision. ### Lump Sum It must be paid within five months if you want to pay a lump sum. At least 20% of what you owe must be with your application. The money will not be refunded if they accept your proposal. If the IRS rejects your OIC, you have other options. For example, you can sign up for an installment plan for what you owe. Or, talk to your attorney about asking for ‘currently not collectible’ status. ## Tips For Getting An OIC Accepted The biggest reason an OIC is rejected is the application needs to be completed. The IRS will not decide if the application is missing anything. Also, to qualify, you cannot open a bankruptcy case and must have filed all of your tax returns. You must also have filed the correct IRS forms and be current with your estimated tax or income tax withholding for that calendar year. You can increase your chances of approval by: - Paying the offer amount in full on time - File all tax returns on time - Allow the agency to keep your tax payments, credits, and refunds to lower your tax liability - Allow the IRS to keep your tax refunds even if they approve the OIC Hiring a tax attorney or tax professional to assist you with filing an OIC is also strongly recommended. The process is complex, and an experienced tax professional or attorney is more likely to fill it out correctly. ## Summary A successful compromise offer is complete and well-organized and gives the agency the best chance to accept it. If the IRS assigns an offer specialist to your case, do your best to get the OIC resolved with them. Also, be communicative with your offer specialist and try to negotiate before they reject the offer. It is often easier to have the OIC accepted before they reject it than to salvage the proposal before they send a rejection letter. However, if the IRS rejects the proposal, all is not lost. Review what the IRS says in the rejection and talk to your lawyer or tax professional about strengthening the offer. If necessary, you can withdraw your offer or take it to Appeals. An OIC is challenging to get the IRS to accept. However, if you use the best practices offered here, there is a better chance of acceptance. It is always best to have an OIC application handled by an experienced tax attorney or professional. They have insider knowledge about how to fill out these applications and get the IRS to accept an OIC. ## Talk To Our Chicago Tax Lawyers Today If you have trouble with the IRS, you must have the best legal representation for a favorable outcome. If you want to submit an Offer In Compromise, your attorney will have a higher chance of getting the application accepted. [Talk to our Chicago tax lawyers](https://www.nslslaw.com/contact-us.html) at North Suburban Legal Services today at (312) 909-6089. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Tax Lawyer --- ### [Were You Fired For Refusing COVID Vaccine?](https://nslslaw.com/were-you-fired-for-refusing-covid-vaccine/) **Published:** February 6, 2023 **Author:** admin **Content:** There are federal laws to safeguard you against employment discrimination. Unfortunately, since the COVID-19 vaccine was introduced at the end of 2020, COVID vaccine discrimination has occurred. If you think you were discriminated against for refusing the vaccine, our [Chicago COVID vaccine discrimination lawyer](https://www.nslslaw.com/chicago-covid-vaccine-discrimination-lawyer.html) at North Suburban Legal Services would like to speak with you. ## What Happens When Employees Refuse The COVID Vaccine? The pandemic has been with us for almost three years. After the vaccines were introduced, there were many questions about whether getting the shot should be mandated. Many employers found that some workers refused to get the vaccine when they required it. What can employers do when this happens? Some companies have put workers on leave. Others even fired them. The Equal Employment Opportunity Commission (EEOC) notes that companies are not prohibited from mandating that their workers who enter the workplace physically must get the vaccine. However, the businesses must consider offering a ‘reasonable accommodation’ when workers will not get the vaccine for religious, medical, or pregnancy-related reasons. The rules vary by state and community, but some companies have offered several options for complying with their vaccine policy. For example, some organizations require employees to show proof of vaccination. Others have required weekly testing to show they are negative for the virus, while others have required masks and social distancing when around others. But some organizations have claimed that requiring tests weekly is an ‘undue hardship’ because of the logistical and financial burden. Some may decide to fire workers who will not get the vaccine unless they can show a religious or medical objection. Workers can challenge the COVID vaccine policies in their workplace. However, the company usually has the advantage. [Many judges have sided with the organizations in COVID vaccine discrimination lawsuits](https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/if-workers-refuse-a-covid-19-vaccination.aspx). ## American With Disabilities Act (ADA) And Disability Accommodation Courts have been making rulings on these complicated cases with the Americans With Disabilities Act as a basis. The belief is that a COVID vaccine mandate at work needs to be related to the specific job and consistent with the organization’s needs. The ADA states that a company can have a policy at work that mandates that a worker cannot pose a ‘direct threat’ to the safety and health of others. If a COVID vaccination requirement screens out an employee with a disability, the company needs to show that non-vaccinated workers are a threat to the safety of others. According to the EEOC, a direct threat is a significant risk of harm that cannot be eliminated with reasonable accommodation. The EEOC has said that organizations should review four factors to determine if there is a direct threat: - How durable is the risk? - What is the severity and nature of potential harm? - How likely is it that the possible harm will happen? - Finally, how imminent is the possible harm? If the worker who does not get a vaccine is a direct threat to others at work, the company has to consider whether they can make a reasonable accommodation. For example, can the company have unvaccinated workers work remotely? ## The ADA And Reasonable Accommodation The ADA was an important issue when people refused to get the vaccine at work. The ADA states that the employer has to offer someone with a disability a reasonable accommodation to do their job. A reasonable accommodation is one that is not too expensive and detrimental to the company’s business. In the case of the COVID vaccine, there are several ways that some employers have made reasonable accommodations for people who did not want to get the vaccine. The most common reasonable accommodation has been to offer periodic testing of unvaccinated workers. This policy may allow workers to continue in their position if they are not positive for the virus. Another effective way to offer a reasonable accommodation is to allow employees to work offsite. Only some workers can qualify for this accommodation. However, letting some employees work remotely as long as COVID is a major issue is one way to keep the person in their job. ## Can You Get Unemployment If You Were Fired For Refusing The Vaccine? If a company fires you because you refuse to follow its policies, it has a reason to fire you. If you are fired for cause, [you may not qualify for unemployment benefits](https://www.forbes.com/advisor/personal-finance/vaccine-mandate-unemployment-eligibility/). Every state defines what ‘for cause’ means in their way. Some states can deny unemployment if you resign or are fired for misconduct. For example, companies might argue that refusing the vaccine is a voluntary resignation or a form of misconduct. In Illinois, Governor Pritzker signed an amendment to the [Illinois Health Care Right of Conscience Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2082&ChapterID=58) in 2021. The amendment prevents workers from using the Act to avoid COVID vaccine requirements. The amendment went into effect in June 2022. In addition, the amendment states that it is not an Act violation for the business to enforce a COVID vaccine. ## Are You Thinking About Refusing The COVID Vaccine? If you are thinking about not getting the vaccine when your company requires it, it is prudent to talk about the case with a lawyer. A Chicago attorney who is familiar with state and federal employment laws can help you determine if there is a medical exemption or religious exemption you can use. Also, your attorney can contact your employer to increase your chances of keeping your position. Finally, if the company will not honor your exemption, the attorney can talk to you about additional legal steps. ## Speak To An COVID Vaccine Discrimination Attorney Today The COVID vaccine has introduced new controversies into the employment discrimination discussion. Do you suspect you were discriminated against for not taking the COVID vaccine? Are you looking for lawyers against the COVID vaccine near me? It is essential to speak to a COVID vaccine discrimination attorney in Chicago today. Please [contact North Suburban Legal Services](https://www.nslslaw.com/contact-us.html) today at (312) 909-6089 for help. You could be entitled to compensation and other remedies if your attorney can prove you were discriminated against. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** COVID Vaccine Discrimination Attorney --- ### [How The Americans With Disabilities Act Protects Your Rights](https://nslslaw.com/how-the-americans-with-disabilities-act-protects-your-rights/) **Published:** January 27, 2023 **Author:** admin **Content:** The Americans with Disabilities Act (ADA) is a national civil rights law that protects you from discrimination if you have a disability. The ADA applies to most employers, governments, schools, and more. It also applies to entities that provide public services, including retail stores and restaurants. If you think you have been discriminated against with a disability, you could have an ADA claim. Our [ADA attorneys in Chicago](https://www.nslslaw.com/chicago-americans-with-disabilities-act-lawyer.html) at North Suburban Legal Services may be able to assist you. ## Disability Discrimination Overview The [ADA makes it illegal for employers to discriminate against disabled workers](https://lasclev.org/who-does-the-americans-with-disabilities-act-ada-protect/). This part of the ADA is called Title I. It outlaws government organizations, companies, employment agencies, and labor unions from discriminating against job applicants and employees. The law covers organizations with at least 15 employees. The ADA protects your rights if you are disabled, which means you have a mental or physical impairment that limits one of your major life activities. The ADA also covers you if you have a psychological or physical impairment record. For example, the ADA protects you from being fired if you are a cancer survivor because you could incur higher healthcare costs while employed. You also are a disabled person under the ADA if you are seen as having an impairment, which means having a temporary disability that does not last longer than six months. The major life activities that the ADA applies include seeing, hearing, talking, walking, and learning. Life functions under the ADA also refer to major bodily functions, including the bladder, bowel, brain, respiratory, and circulatory. ## ADA Bans Discrimination At Work The ADA protects you at work because it outlaws disability discrimination. The protection starts when you apply for the job and extends to pay, hiring, promotions, training, benefits, firing, layoff, and more. In all these areas, your company cannot discriminate against someone with a disability. For instance, a common type of job discrimination is asking about your medical problems when applying for work. It is illegal for an employer to ask about your medical conditions at any time in the hiring or employment process. It also is against the law for a company to refuse to provide reasonable accommodation for a mentally or physically disabled person. The ADA also protects you at work from harassment. On the job, harassment of a disabled person could be offensive comments about your disability. If the comments are severe or frequent enough, this could be considered harassment in the workplace. For example, if you regularly hear comments about your inability to walk fast sufficiently between job stations, this could be illegal under the ADA. The person who harasses you could be a co-worker, supervisor, vendor, or even a customer. ## What Is A Reasonable Accommodation? Another way the ADA protects workers is it requires employers to make ‘reasonable accommodations’ for those with disabilities. This responsibility starts before the organization even hires someone. So, the company must make reasonable accommodations in many areas, such as applications, interviews, medical exams, and employment advertisements. It is critical to understand that a reasonable accommodation may not be the same for every disabled worker. For instance, if you are hard of hearing, you could need a sign language interpreter when you are being interviewed. Someone with limited sight could need the interviewer to read vital work-related information. If you had a stroke, you could need extra time from work for physical therapy. Other types of reasonable accommodations the ADA mentions are: - A change in your job duties - Better accessibility to a workstation - Offering specialized software - Changing the ways training materials are given to workers - Providing a flexible employment schedule - Putting in parking spots closer to the building The ADA expects the disabled person to make it known they have a disability so the employer can provide reasonable accommodation. However, the employer is not required to guess if you have a disability. According to the Equal Opportunity Commission (EEOC), you can use simple English to ask for reasonable accommodation. You do not need to mention the ADA or the term ‘reasonable accommodation’ when making a request. Further, the EEOC states that the organization can ask workers with disabilities if they need a reasonable accommodation when they have a reason to think so. For instance, it is legal for the employer to ask a person with limited sight if they need accommodation when meeting with a customer. Likewise, if you use a wheelchair, the employer can ask if you can access a building. ## What Is An Undue Hardship? When making an accommodation request, the request has to be reasonable. It cannot be an ‘undue hardship’ that would place excessive financial or logistical demands on the employer. The accommodations that are needed have to be reasonable and minimal. For example, an undue hardship on the employer would be an extensive, disruptive, expensive accommodation that would alter their ability to do business. The company has to assess if the request for accommodation is reasonable or not. Some examples of undue hardships are: - Negatively affects safety - Lowers workers’ efficiency in the office or factor - Infringes on the rights of other workers ## What Should You Do If You Suspect Disability Discrimination? If a company discriminates against you at work or during the application process, you should raise the matter with the company first. If you are employed with that firm, talk to the HR department about filing complaints. Turning in a complaint can be helpful later because it proves you tried to resolve the issue. If the company is aware of the situation, it may fix it quickly. If the organization does not act, you should file a complaint with the EEOC. Under the law, you have 300 days to file the complaint if your state of residence has a law that outlaws disability discrimination. The EEO will tell your company about the complaint and investigate it. Then, when the EEOC processes the claim, you have 90 days to file suit after they send you a ‘right to sue’ letter. ## Speak To A Discrimination Attorney in Chicago Today If you think you have been discriminated against at work because of a disability, you could have a claim under the ADA. Our ADA attorneys in Chicago can help. Please contact [North Suburban Legal Services](https://www.nslslaw.com/contact-us.html) today at (312) 909-6089 for assistance. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** ADA Attorney --- ### [Why You Should Never Speak To The IRS Without A Tax Lawyer](https://nslslaw.com/why-you-should-never-speak-to-the-irs-without-a-tax-lawyer/) **Published:** January 9, 2023 **Author:** admin **Content:** You may want to call the IRS if you have a tax problem but should you? US taxpayers should remember not to communicate directly with the IRS. They had a lot of power, and their agents are trained to deal with people with tax problems. Fortunately, there are ways to deal with the IRS that will resolve your tax problems. Our [Chicago tax lawyers](https://www.nslslaw.com/practice-areas/tax/irs-protection.html) can assist you with your IRS problem. ## When Do You Need A Chicago Tax Lawyer? If you have questions about unfiled returns, taxes you have not paid, or being audited, you should talk to an attorney. A tax attorney offers valuable insights into federal tax laws. They also provide essential tax planning, audit advance, and legal representation. Some of the common issues that require the help of a tax lawyer are: - Garnished wages - IRS tax issues - Audit representation - Negotiating a tax dispute - Local and state tax issues ## Tax Lawyers Understand The Law Unless you are a CPA or attorney, you probably are not well-versed in IRS tax laws. Your attorney is. You can rely on your tax lawyer to have plenty of experience handling financial and tax issues such as yours. If you choose a good attorney, you can bet that your attorney will provide the best outcome for your case. Remember, the tax code changes yearly, and you will not be aware of many of these changes. But your Chicago tax lawyer will know the latest codes and how they apply to your tax case. ## Addressing Unfiled Tax Returns Another reason to refer your tax case to a tax attorney is they can help you with unfiled tax returns. All taxpayers are required to file a return with the IRS every year. Once the tax agency learns you have unfiled returns, it may be harder to address the situation without heavy fines or even a criminal referral. If you do not file a return and they find out about it, the IRS can create a Substitute for Returns or SFR. The SFR does not have deductions you may have been able to get when you should have filed the return. Next, the IRS will calculate your interest and penalties on the amount on the SFR. So you will owe more on the SFR and will have more penalties and interest. The good news is your attorney can help you file your unfiled returns, so you get the best treatment from the IRS. In addition, after you file your unfiled returns, you may qualify for a payment agreement or other program. ## Setting Up A Payment Plan When you hire a tax attorney to represent you, they can help set up a plan to pay your past taxes. In addition, the IRS will usually allow you a payment plan to get the taxes you owe but cannot pay today. The payment plan will help you to set up monthly payments when you can only pay part of the amount. Yes, you can do this on your own in many cases, but most clients find better results if they have a tax attorney do it. ## Getting An Offer In Compromise Sometimes, a Chicago tax attorney can help you settle what you owe for less than the total amount. The IRS will review your taxable income, how much you can afford to pay, assets, and unpaid taxes to see if you can settle it. After you pay the amount the IRS wants, the rest of what you owe is forgiven. An experienced Chicago tax lawyer will offer compromise experience that will help determine if you qualify for this assistance. ## Assistance With Audits Most of us do not want to be audited by the IRS. However, if you go through the experience alone, you may not get the best outcome. You also may need to learn how to ensure that the IRS audit does not violate your rights. Having a tax attorney in your corner will provide a better result and peace of mind. ## Penalty Abatement Experienced tax attorneys know how to do penalty abatement. They can often help to get penalties lower or removed. Note that the penalties for filing late tax returns may be high. As a result, the penalty can be more than what you owe. This could be thousands of dollars more, so an attorney can help. Removing these penalties will make it easier to afford your taxes. Also, your tax attorney can set up a payment agreement for the balance after they remove the penalties. ## Will The IRS Be Upset If You Hire A Chicago Tax Lawyer? Many people with tax problems may wonder if the IRS will get upset with them if they hire an attorney. In most cases, the answer is no. Most IRS agents like to deal with tax lawyers skilled in [tax protection](https://www.irs.gov/help/tax-law-questions) because the IRS does not have to spend hours with you explaining tax basics. Your Chicago tax lawyer has seen it all and is the best person to deal with the IRS Once in a while, a tax attorney hears an agent say that the client does not need a tax attorney. However, you need a tax lawyer more than ever if this happens. Note that IRS tax laws state that the agency must stop an interview if the person says they want to talk to their tax attorney. Therefore, an IRS agent who tells you not to speak to a lawyer may be breaking the law. ## Contact Our Chicago Tax Lawyers For Legal Assistance A Chicago tax attorney can assist you with many complicated tax problems. You are always better off hiring a lawyer than dealing with the IRS alone. Your attorney will represent you in front of the IRS and ensure you get the best treatment. Our Chicago tax lawyers at [North Suburban Legal Services](https://www.nslslaw.com/contact-us.html) can help with your tax problems and provide tax protection. Please contact us today for a complimentary IRS tax consultation at (312) 909-6089. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Tax Lawyer --- ### [Can My Boss Fire Me For Being Pregnant?](https://nslslaw.com/can-my-boss-fire-me-for-being-pregnant/) **Published:** December 26, 2022 **Author:** admin **Content:** If you are fired when you are pregnant, you may wonder if you can take legal action against your employer. While people can be fired at any time for legitimate reasons, it is illegal in the United States to fire someone because they are pregnant. The [Pregnancy Discrimination Act](https://www.eeoc.gov/statutes/pregnancy-discrimination-act-1978) makes it against the law for any US employer with 15 or more employees to mistreat them because they are pregnant. Also, the [Illinois Human Rights Act](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=077500050HArt.+2&ActID=2266&ChapterID=64&SeqStart=600000&SeqEnd=1200000) makes it illegal to discriminate against pregnant people. This state law covers companies with at least one employee. Learn below about your legal options and employee rights if you are fired when you are pregnant. Then, talk to one of our [Chicago wrongful termination attorneys](https://www.nslslaw.com/chicago-wrongful-termination-attorney.html) at North Suburban Legal Services for more information. ## When Can You Be Fired When You Are Pregnant? You can be fired while pregnant for legitimate reasons but not for being pregnant. For example, suppose you are an at-will employee in Illinois. In that case, your employer can fire you for breaking company policies, not showing up to work, or because they need to reduce staff for economic reasons. So, being pregnant will not guarantee you can keep your job. However, pregnancy discrimination happens in Illinois. State and federal pregnancy discrimination laws bar employers from using your pregnancy as a reason to fire you. Therefore, if you are terminated during pregnancy, look carefully at the employer’s reason. Do you suspect you were treated differently than other employees because of your pregnancy? Did the company use your pregnancy or maternity leave as a motivating factor let you go? If so, a Chicago wrongful termination attorney can help you. ## How Can You Prove Pregnancy Discrimination? You need to show that your pregnancy was why your company fired you. Here is some of the evidence your attorney may look for to prove your case: ## The Employer Lied Perhaps your employer fired you, claiming your job performance has suffered this year. However, proving that your performance was the same or better as your co-workers suggests your employer is lying. In addition, they may hide the reason they let you go: You are pregnant. ## Suspicious Timing Suppose you had excellent performance reviews until you were pregnant. Once the employer knew, your performance was the same. Then, suddenly, your manager writes negative performance reviews this quarter. You also notice you are being written up for minor issues that were never a problem until your pregnancy. The timing is suspicious. Unless there is a good reason for the negative feedback, your attorney may argue it is pregnancy discrimination. For example, there are cases where an employer revoked a job offer to someone the day after they asked about pregnancy leave. The employer may argue they need an employee without any time off for the next year. However, this constitutes pregnancy discrimination. ## Supervisor Makes Negative Comments Most companies are wise enough to keep their discriminatory beliefs hidden. However, sometimes a supervisor may say something that shows they do not like you being pregnant. For example, maybe your boss says that having people take two months off during pregnancy is a hassle. Or, they might say that women are not as motivated when they return after pregnancy leave. These comments show a discriminatory belief system. ## You Receive Worse Treatment Than Other Employees Most companies have an established disciplinary method before they fire someone. No one is ever disciplined or fired without that process. This could be discrimination if you are fired outside of normal practice and are pregnant. ## What About Being Fired For Being Sick? Many women experience morning sickness when they are pregnant. If that happens, you may need to take more time off than usual. In addition, it could be actionable in court if your company disciplines or terminates you for calling off sick during your pregnancy. ## Employers Need To Provide Reasonable Accommodations Another point to consider when being pregnant is your employer is required by state and federal law to provide reasonable accommodations. Therefore, the employer must make accommodations or changes to your job while pregnant so you can continue to work. For example, if you usually stand for several hours per day on the job, you may need to sit more when pregnant. Therefore, your employer needs to allow you to sit more so you are comfortable. Or, if you need to travel often for work meetings, the employer should allow you to telecommute and do video conferences when you are pregnant. If the job is hazardous to a pregnant employee, the company must provide you with another job or workload while you are pregnant. However, the different position cannot change your pay rate. The job also cannot be forced on you. If any of these things happen, you may be able to sue for discrimination. ## How Do You Sue For Being Fired While Pregnant? You usually must file a discrimination charge through the Equal Opportunity Commission if you want to sue your company for firing you when you are pregnant. The EEOC will send a copy of the complaint to your company. The EEOC may launch an investigation after you file your complaint. The organization may determine if getting mediation in the dispute is better than having a lawsuit. When the EEOC is done processing the complaint, they may provide you with a letter authorizing you to sue. ## Contact Our Chicago Wrongful Death Termination Attorneys Being pregnant is a wondrous experience, but some employers take an opposing view. You have legal options if you think your employer has acted against you for being pregnant. Remember, you have employee rights when you are pregnant. You should contact an attorney who will ask why you think you were fired and the evidence you have. Giving your attorney any documented proof supporting a pregnancy discrimination claim is essential. Also, talk to your lawyer about any experiences at work that may have looked like pregnancy discrimination. Our [Chicago wrongful termination attorneys](https://www.nslslaw.com/chicago-wrongful-termination-attorney.html) at [North Suburban Legal Services](https://www.nslslaw.com/contact-us.html) can help you file a civil lawsuit if you are being wrongfully fired for being pregnant. Please contact us today for a complimentary consultation at (312) 909-6089. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Wrongful Termination Attorney --- ### [Why You Need A Business Lawyer To Protect Your Chicago Business](https://nslslaw.com/why-you-need-a-business-lawyer-to-protect-your-chicago-business/) **Published:** December 12, 2022 **Author:** admin **Content:** Do you own a business in [Chicago](https://www.chicago.gov/) near the Art Institute of Chicago, Field Museum, or elsewhere in the Windy City? Or, are you considering opening a Chicago business near the Lincoln Park Zoo? If so, you would be well served to hire a Chicago business lawyer to protect your interests. First, discover below why hiring a Chicago business lawyer may be the wisest choice of your life. Then, if you have questions about opening a business, speak to one of our [Chicago business lawyers](https://www.nslslaw.com/practice-areas/business.html) at North Suburban Legal Services today. ## Do Not Wait Until You Are Sued A [skilled business attorney](https://www.entrepreneur.com/growing-a-business/hiring-a-business-lawyer-is-crucial-to-any-successful/58326) can assist you in many areas of your business. However, many business owners should wait to hire a business lawyer until they have a court summons. Once you have been called to court, the problem has already happened. Now, it is just a matter of how much you will have to cough up to resolve the issue. It is always best and less expensive to resolve a legal matter before it gets to the litigation stage. Hiring a lawyer early in business formation is an intelligent way to avoid trouble before it happens. While no one wants to pay legal fees, doing so before on can save trouble later. It is well worth paying a $1,000 legal fee to prevent you from being sued, which will cost you much more. ## Select The Correct Business Entity When you begin your business in Illinois, you need to organize it under one of several business structures. The business structure you select will affect how you run the company and the state and federal taxes you pay. It is often best to talk to a Chicago business law lawyer to choose the correct business structure. They will help you determine if you are best to work as a sole proprietorship, LLC, S corporation, or another entity. You can save thousands of dollars in taxes annually if you choose the correct business entity. ## Safeguard Intellectual Property When you own a business, you may create an original product or idea that is unique to your company. This product or concept belongs to your business and is your intellectual property. It would help if you had it legally protected to ensure this property is not stolen or used without your consent. A Chicago business lawyer can assist you. They can file for protection for your company’s intellectual property, handle the fees and paperwork, and speed up the process as much as possible. ## Comply With Taxes Complying with state and federal taxes is one of the most challenging parts of running a business. Your attorney’s advice can prevent state and federal tax issues later. They also can unearth deductions and credits that can save you a lot of money. Also, your attorney can help you keep a recordkeeping system that makes it easier to file your taxes every year. They will inform you of tax due dates and ensure you are compliant. ## Create And Enforce Contracts [Strong contracts](https://www.business.com/articles/business-lawyer/) that are enforced are the ideal way to protect your company’s interests. These legally binding documents are vital to running and growing a company. Having a Chicago business lawyer in your corner who writes and reviews the contracts is essential. Many small business professionals start their companies with friends or family members. Unfortunately, they may think nothing could go wrong with someone they know and neglect contracts. You can avoid many ugly problems by getting everything in writing upfront. Then, your business attorney will create contracts that protect the interests of everyone. ## Deal With Employment Issues Employment law evolves constantly. You can protect your company and workers by using an attorney to help you. Your attorney can advise you on hiring, firing, and retaining employees legally. Your company will be helped if you set clear expectations with new workers from the beginning. Then, your business attorney can construct an employment contract that tells them what to expect. It also states how they will be paid and the benefits they get. The agreement also may have confidentiality clauses and terms for terminating employment. Your attorney also can assist you with putting together an employee manual. This is an invaluable document that tells your employees what they can expect. Everything from how people dress to paid leave can be covered. When you have everything explained in writing, it protects you legally and avoids problems down the road. ## Help With Bankruptcy No one thinks about going bankrupt when you start a business. The company can continue. Your business attorney can help you during the bankruptcy process so you can recover and resume business. Some companies eventually need to file for Chapter 11 bankruptcy, which allows you to reorganize the company. Then, with the help of your attorney, you can devise a plan to make things okay with creditors and get the business in the right direction again. ## Represent You In Court Most business disagreements can be settled out of court. Your business lawyer in Chicago will be at your side, fighting for your rights. They will advise you on the best course of action and work for the best resolution. If you get into a business disagreement that goes to court, you want to go through that with a business attorney advising you. Even if you are an expert, you probably are not an attorney and are emotionally involved in the matter. Your attorney is an objective advisor who will provide the best legal advice. Speak To A Chicago Business Lawyer Now Whether you are starting or growing your business, it is always recommended to have a business lawyer as soon as possible. A business lawyer can provide the expert legal advice that makes your company more successful. The Chicago business lawyers at North Suburban Legal Services are ready to assist you with your business. Our attorneys have years of expertise and experience helping Chicago business owners like you. Contact [North Suburban Legal Services](https://www.nslslaw.com/contact-us.html) today for a complimentary consultation at (312) 909-6089. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Business Lawyer --- ### [What Kind Of Disabilities Are Covered Under The ADA?](https://nslslaw.com/what-kind-of-disabilities-are-covered-under-the-ada/) **Published:** November 28, 2022 **Author:** admin **Content:** [The Americans With Disabilities Act of 1990 (ADA)](https://www.eeoc.gov/publications/ada-your-employment-rights-individual-disability#:~:text=Under%20the%20ADA%20%2C%20you%20have,even%20if%20you%20don't.) made it illegal for employers to discriminate against those with disabilities. The ADA also makes it against the law to discriminate against people with disabilities in local and state government services, transportation, telecommunications, and public accommodations. If you think your employer has discriminated against you because of a disability, you could receive assistance in a lawsuit. Filing an ADA lawsuit can remedy the situation so you can work or get your desired job. Speak to an experienced [Americans With Disabilities Act lawyer](https://www.nslslaw.com/chicago-americans-with-disabilities-act-lawyer.html) today for assistance. ## ADA Overview The first section of the ADA ensures that workers with disabilities will not be shut out of promising job opportunities unless they do not have the skills for the job. The ADA applies to every part of employment: - Hiring - Application - Pay - Training - Advancement - Firing - Benefits The ADA also requires companies to make reasonable accommodations for people who are qualified for the work but have mental or physical limitations. The only time a company is exempt from the requirement is when they can show making the accommodation would cause a hardship for the organization. For example, if the company has to relocate its operations to a first-floor suite when one is unavailable in the same area, this could be a hardship. Also, the law prevents companies from discriminating against workers and applicants with physical and mental impairments that make it more challenging to engage in ‘major life activities,’ such as: - Walking - Seeing - Communicating - Reading - Sitting ## What Is An ADA Disability? The [ADA Amendments Act of 2008](https://www.eeoc.gov/statutes/americans-disabilities-act-amendments-act-2008) includes many disabilities that protect many Americans against discrimination. The ADA states that an impairment must be a mental or physical disorder. However, there are questions if stress or depression are impairments. If they are from a disorder documented by a doctor, they could be protected under the ADA. ## Protected Disability Overview In employment laws and regulations, it is clear if someone is in a protected class. For example, if you are discriminated against in the hiring process because of age, that is a violation. With the ADA, deciding if you are in a protected class is complicated. That is why it is helpful to review your case with an attorney. ## Disability Definition Under ADA The initial definition of disability under the law states that a disabled individual is a person with physical or mental limitations that prevent them from engaging in major life activities. Therefore, you are covered if you have a record of the impairment. Also, if you are considered to have a physical or mental condition, you are deemed to be disabled under the ADA. However, there is a three-part definition of disability in the law. If you satisfy any of those three parts, you are called disabled. The disability definition in the law is according to the Rehabilitation Act’s wording of what ‘handicapped’ is. **Mental And Physical Impairments Under The ADA** The ADA states that a physical disability is a physiological disorder or condition or disfigurement that affects one of more of the following systems: - Musculoskeletal - Digestive - Cardiovascular - Respiratory - Reproductive - Endocrine - Skin - Genitourinary - Neurological Next, the ADA defines a mental disability as a mental or psychological disorder, including mental or emotional illness, learning disability, or organic brain symptom. The ADA law only lists some mental conditions that may qualify because it is hard to be comprehensive. However, the ADA does list the following physical and mental disabilities: - Visual impairments - Drug addiction - HIV - Diabetes - Speech and hearing impairments - Muscular dystrophy - Heart disease ## Common Workplace ADA Violations Work ADA violations can cover many scenarios and situations, especially preventing you from applying for a job or being denied employment because of a disability. Or, you could be fired or demoted because of your condition. This is a violation if a private or public organization does not provide a reasonable accommodation to you with a disability. Common physical accommodation issues that are ADA violations are: - No wheelchair ramps - Not enough parking areas for people with disabilities - Restrooms are not accessible to the disabled - Not enough first-floor offices for people with a lack of mobility ## How To Begin An ADA Violation Case If you are unsure if you have been discriminated against under the ADA, you should review the ADA’s guidelines for more information. Or, talk to an ADA violation attorney who often works in disability law. If you are sure, you were discriminated against, working with an attorney will make it easier to have a successful outcome. However, the lawyer must have jurisdiction in the area where the incident happened. Your ADA attorney will guide you in the legal process and tell you what your rights are under the law. From complaint filing to going in front of the judge if the company fights your claim, your attorney ensures that you get the best response from the government employees reviewing the case. You should turn in the complaint within 50 days of the violation. After you file an ADA lawsuit, an external compliance coordinator from the ADA will review the matter within 14 days. Then, they will meet with you and your lawyer and discuss how the case may be resolved with the representative. The external compliance coordinator will provide you with updates on the next steps. However, an ADA lawsuit does not usually end in compensation. Instead, the lawsuit’s goal is to fix the situation, so you are not discriminated against at work or during the hiring process. You should always contact an ADA attorney to help you with your case. Trying to resolve the matter on your own is often unsuccessful. ## Contact Our Chicago American With Disabilities Act Attorneys Do you think your employer discriminated against you under the Americans With Disabilities Act? You should speak today to one of our [Americans With Disabilities Act lawyers](https://www.nslslaw.com/chicago-americans-with-disabilities-act-lawyer.html) at North Suburban Legal Services. Our ADA lawsuit attorneys have years of experience handling cases like yours. Contact [North Suburban Legal Services](https://www.nslslaw.com/contact-us.html) today for a complimentary consultation at (312) 909-6089. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Americans With Disabilities Act Lawyer --- ### [Steps To Take To Avoid An IRS Tax Audit](https://nslslaw.com/steps-to-take-to-avoid-an-irs-tax-audit/) **Published:** November 7, 2022 **Author:** admin **Content:** There are no surefire ways to avoid an IRS tax audit. However, there are many red flags that you should be aware of. If you do not have those red flags on your tax return, there is a better chance of avoiding IRS scrutiny. Find out more about how to avoid IRS tax audits by following the tips below. However, if you have an IRS tax problem, you should discuss the matter with the [Chicago IRS attorneys](https://www.nslslaw.com/practice-areas/tax/irs-tax-lawyers.html) at North Suburban Legal Services immediately. ## Do Not Report Losses Many experts recommend [not reporting a net annual loss](https://www.legalzoom.com/articles/10-ways-to-avoid-a-tax-audit) for your business, especially a small one. When the federal tax watchdogs see your net business loss, it’s a red flag. You must report all income, but you are not required to report every expense. So, delete a few expenses, so you make a net profit. ## Issue 1099s Issuing 1099s is a big issue for the IRS. If you claim business deductions for compensating your contractors, you must issue the proper 1099s and adhere to appropriate reporting procedures. So if you missed this year’s deadline, never let it happen again. Just make sure you require contractors to give you their W-9s before you will pay them. ## Use Realistic Deductions Unusual deductions get the attention of the IRS. For instance, if you claim a charitable deduction of 50% of your income, this will probably get the attention of the IRS. Also, if you are a sole proprietor and use Schedule C, showing losses for more than three years may get the agency’s attention. ## Do Not Use Schedule C If You Can Having your own small business is a great way to save on taxes. But if you report as a sole proprietorship, you have a higher chance of being audited. It is best to file as a corporation or partnership when you can. But if you regularly file losses, it gets more complicated. The IRS may argue that you are engaging in a hobby, not a business. However, if you make a lot of money, you will see more savings by filing as an S-corporation. According to some sources, this can reduce your chances of being audited by 15 times. ## Do Not Put Round Numbers On A Tax Return Many people do not realize it, but putting round numbers on your tax return can be a large red flag. Also, the best way to engage in good bookkeeping is never to estimate things. Instead, be as accurate as possible and keep excellent records, so you do not have to guess at anything. ## Overestimating Donations [The IRS wants you to donate clothes](https://www.investopedia.com/articles/pf/07/avoid_audits.asp), cars, food, furniture, and more to charity. It encourages this behavior by providing a deduction in return for your donations. However, it is up to you to decide the value of the things you donate. Generally, the tax agency likes to see you value the things you donate between 1% and 30% of what you originally paid for it. However, many of us do not know this or may just ignore it. ## Making Math Mistakes Many tax returns are chosen for an audit because people make simple math mistakes. So, when you complete your tax return, ensure everything goes up. Further, be sure your capital gains or losses’ dollar value is correct. Making small errors can make the IRS notice. ## Report All Your Income Many people are tempted not to report all of their income. However, you need to report all income you receive all year long. If you do not report your income and the IRS catches you, you must pay back taxes, penalties, and interest. Can the IRS always tell if you have reported everything? No, not always. The tax system is never perfect. But it is common for people to take cash for a service they do. Then if the person who paid you cash gets audited, the IRS will see the cash payment in the bank account. The agent then will go after that lead and ask the audited person what their payment was. ## Do Not Report Zero Income If you did not have income and file a tax return to confirm it, that was the right thing to do. However, your chances of being audited are more than people who report their income. The Motley Fool reports that [3% of tax returns](https://www.fool.com/taxes/2018/01/13/7-ways-to-avoid-a-tax-audit.aspx) in 2016 with no income reported were audited. ## What Should You Do If You Get Audited? If you are selected for an audit, it will probably be a correspondence audit. This letter will inform you that you were chosen for an audit. It also will tell you the information that you need to send them. Review the letter and send all information to the agency by the date they request it. If the IRS wants more information, they will send you another letter. This sounds simple, but these correspondence audits can be complex for many people to complete. Sometimes, you may need an attorney to assist you. If you do not have all documentation for the deductions you claimed, then the agency may say you are not entitled to the deductions. Note that the IRS has three years to audit tax returns from the filing date. If you seriously underpaid your taxes, the time limit increases to six years. Many experts say you should maintain your tax records for at least four years. ## Contact Chicago IRS Tax Attorneys Today If you are facing a legal tax matter, it is understandable if you feel lost and overwhelmed. There is so much information online about tax problems it can be challenging to know what to do. Fortunately, retaining an IRS tax lawyer can make things go much better for you. Your attorney will act as the liaison between you and the IRS and negotiate for you. It is critical to avoid making mistakes in this serious matter, so talk to an experienced Chicago IRS tax attorney as soon as possible. [Contact North Suburban Legal Services](https://www.nslslaw.com/contact-us.html) today at (312) 909-6089. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** IRS Attorney --- ### [How Do I Prove Retaliatory Discharge Against My Former Employer?](https://nslslaw.com/how-do-i-prove-retaliatory-discharge-against-my-former-employer/) **Published:** October 25, 2022 **Author:** admin **Content:** If you lost your job recently and you think it was retaliation for filing a complaint, this is called retaliatory discharge. For instance, if you reported your company for allowing sexual harassment on the job and were fired, there could be a legal case. Learn all about retaliatory discharge below, including how to prove your case. Then, contact the [Chicago retaliatory discharge attorneys](https://www.nslslaw.com/chicago-retaliatory-discharge-attorneys.html) at North Suburban Legal Services for additional information. ## Protected Activities And Retaliatory Discharge It is vital to understand that worker protections against retaliatory discharges are often broader than other anti-discrimination acts. For instance, to be involved in a protected activity, you must honestly believe that the company is acting illegally. Some common examples of protected work activities are: - Reporting your co-worker’s discriminatory behavior - Complaining about sexist or racist company policies - Demanding pay for overtime - Whistleblowing to a state or federal agency - Being part of an investigation that is being done internally or by a state or federal agency - Creating a union or talking about doing so The most common reason retaliations occur is for reporting discrimination or sexism in the workplace. ## How Companies Retaliate [The US Equal Opportunity Commission](https://www.eeoc.gov/retaliation) makes it illegal for companies to punish workers for [reporting discrimination](https://www2.illinois.gov/idol/Laws-Rules/safety/Documents/Discrimination%20Complaint%20Form%20Fillable.pdf). Some activities that are considered retaliation by the EEOC include: - Disciplining workers for no reason - Engaging in verbal and physical abuse - Making it challenging to work for the employee - Threatening the worker with being fired - Watching the worker more carefully - Demoting the employee to more menial work ## When Is Retaliation Illegal? Most US employees are classified as at-will workers. This means their job lasts for any time, unlike an independent contractor. Also, a company can fire an at-will worker at any time and for no reason. While you can be terminated for any reason or no reason, there are still times when termination is illegal. Retaliatory discharge is one such case. It does not matter if you are an at-will worker or contractor involving retaliatory discharge. Also, most states outlaw companies from firing a worker who files complaints for discrimination or harassment. If your company fires you after filing one of these complaints, you may file a lawsuit against it. ## What You Need To Prove For Retaliatory Discharge It can be challenging to prove that you were illegally discharged. The requirements for proving this crime are different in every state. Generally, you need to prove the following elements in a retaliatory discharge case: - That you were fired or punished unfairly by your employer - That you were involved in work that is protected under state and federal law - That there is a compelling link between the activity and your termination You and your attorney need to show a link between the firing and what you did in the protected activity. There are two kinds of evidence needed to prove you were fired illegally: direct and circumstantial evidence. Direct evidence could be either verbal or written statements. This statement should indicate a link between your termination and the activity. Some examples of direct evidence are: Text messages - Letters - Emails - Conversations - Statements from witnesses However, it is unusual for there to be direct evidence in these cases. For example, most companies will not write you a letter saying they fired you because you filed a complaint. There are some instances where witnesses may have overhead something, but indirect evidence is more common. Circumstantial evidence is also referred to as indirect evidence. This type of evidence implies a link between your termination and your actions. For instance, if you can show that the employee was fired every time someone filed a complaint, this can be convincing circumstantial evidence. The fact of whether or not harassment or discrimination happened does not matter. What is critical is that you saw or experienced something that you thought was wrong. Then, you reported the act in good faith and were retaliated against for doing so. For instance, if you were fired for reporting that a co-worker said a racial slur, it does not matter if you misheard the person. What matters is the company retaliated against you for reporting something discriminatory. Proving retaliatory discharge is difficult. The burden of proof is on you to show that the company’s reasoning is not believable. So, ensure you retain a Chicago retaliatory discharge attorney to have the best chance of proving your case. ## What An Attorney Wants To See In Your Case If you think you were retaliated against on the job, it helps to come prepared when you talk to a Chicago discharge attorney. First, have a clear, succinct version of what happened. Also, bring some evidence to back up what you are saying. You do not need to bring folders full of information, but it helps to document what you allege. ## Can You Be Fired For Reporting Misconduct? No. Reporting misconduct in the workplace is protected by Illinois law. You cannot be fired for being part of a misconduct investigation. A company that fires you for being part of a misconduct investigation could interfere with the legal process. ## What Damages Can You Receive For Retaliatory Discharge? If you file a claim against your company, you may be entitled to the following damages: - Attorney’s fees - Punitive damages - Back pay - Mental anguish and emotional distress - Lost wages past and future ## Contact Our Chicago Retaliatory Discharge Attorneys Today As an employee, you should never need to worry about being retaliated against for engaging in legal activity at work. However, you have legal options if you receive poor treatment because of your activity. If you think you have a valid retaliation case, you need experienced legal help as soon as possible. Our Chicago retaliatory discharge attorneys have years of experience handling cases such as yours. [Contact North Suburban Legal Services](https://www.nslslaw.com/contact-us.html) today for a complimentary consultation at (312) 909-6089. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Retaliatory Discharge Attorney --- ### [How Does an Illinois Employment Lawyer Defend Businesses?](https://nslslaw.com/how-does-an-illinois-employment-lawyer-defend-businesses/) **Published:** October 10, 2022 **Author:** admin **Content:** Owning and operating a business is challenging—especially in today’s hyper-competitive and volatile economic environment. Employers also have to worry about facing potential liability in several different situations. An attorney can help protect and defend the rights and interests of businesses and business owners. In this article, you will find an overview of how an [Illinois employment lawyer](https://www.nslslaw.com/practice-areas/employment.html) can help to defend and protect the interests of businesses. ## Employment Lawyers Provide Proactive Legal Guidance As a starting point, the importance of proactive legal guidance and support should be emphasized. An experienced Illinois employment law attorney can help to protect and defend the rights of businesses by reviewing and revising policies to ensure full compliance with all federal, state, and local legal regulations. Companies and organizations can go a long way toward reducing their risk of liability—or other legal problems—with a proactive approach. As a general rule, it is best to consult with an employment law attorney for employers before any legal issues arise. ### An Employer Can Face Liability in Many Different Circumstances The employer-employee relationship is core to the success of a business. At the same time, employment law is complicated. Issues can arise in several different ways. At North Suburban Legal Services LLC, our Illinois employment law attorneys for employers provide comprehensive legal guidance and support to businesses and organizations. No matter how and why your company is facing an employment law claim or a potential liability risk, we can help. Some notable ways in which an employer could face liability in Chicago include: - **Workers’ Compensation Claims:** Illinois requires virtually all employers to obtain and maintain no-fault workers’ compensation coverage for their employees. When a worker is hurt within the course and scope of their employment, they have the right to file for benefits. An employer has the right to defend an illegitimate claim. The primary reason why employers need to protect themselves against unsubstantiated workers’ comp claims is that it could affect the cost of their insurance premiums. An employment lawyer can defend a business against an illegitimate or otherwise improper workers’ compensation claim. - **Unemployment Defense:** Did your former employee file for unemployment benefits? If you are an Illinois employer with at least two employees, you are covered by the state’s unemployment laws. Employers have to pay into the Illinois unemployment insurance fund. A company’s unemployment insurance rate will depend, in part, on how many of its former workers have filed for unemployment benefits. If you have any specific questions or concerns about potential liability for an unemployment claim, contact an experienced Chicago unemployment defense lawyer for help. - **Wage and Hour Issues:** Wage and hour laws require employers to pay a minimum mandatory minimum wage and overtime benefits to non-exempt employees, and provide other protections to workers. The primary wage and hour law is the federal [Fair Labor Standards Act (FLSA)](https://www.dol.gov/agencies/whd/flsa). An employer could face a wage and hour claim in a wide array of different circumstances. If your Illinois business is facing the possibility of wage and hour liability—either because regulators are taking enforcement action or a current/former employee has filed a claim—a Chicago employment lawyer for employers can help. - **Employee Discrimination Claims:** There are strict federal and state laws in place that protect workers against discriminatory practices in hiring and employment. Does your company have 15 or more employees? If so, it is subject to the federal [Title VII of the Civil Rights Act](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964#:~:text=Title%20VII%20prohibits%20employment%20discrimination,Pay%20Act%20of%202009%20%28Pub.). Though, due to recent changes, all employers with one or more employees are covered by the [Illinois Human Rights Act](https://www2.illinois.gov/dhr/Pages/default.aspx#:~:text=The%20Illinois%20Department%20of%20Human,as%20sexual%20harassment%20in%20education.)—the state’s anti-discrimination in employment statute. If your company is facing an employment discrimination claim from a current or former worker, an experienced Illinois employer defense attorney can help. - **ADA Compliance Matters (Disability):** The [Americans with Disabilities Act (ADA)](https://adata.org/learn-about-ada) is a federal law that applies to businesses and organizations with 15 or more workers. Under the ADA, covered employers are required to refrain from all forms of discrimination based on disability status. In addition, employers are required to make a good faith effort to engage in an interactive process to find a reasonable accommodation that works for a qualified disability job applicant or employee. If your business is facing a claim under the ADA, an experienced Illinois employer defense attorney can help. - **Wrongful Termination Cases:** Illinois is an at-will employment jurisdiction. Under state law, employers have the right to make their own hiring and firing decisions. In effect, this means you do not need a “good reason” or any reason at all to justify the termination of an employee. That being said, employers in Northern Illinois cannot fire or otherwise discharge a worker for an illegal reason. Some notable examples of illegal reasons include discrimination, retaliation, and breach of contract. If your business is facing a wrongful termination claim from a former employee, you must consult with an Illinois employment law attorney right away. - **Payroll Tax Matters:** It is the employer’s responsibility to ensure that payroll taxes are accounted for, collected, and paid properly. An employer that violates their payroll tax obligations could face very serious sanctions from federal or state authorities. Beyond financial liability, a payroll tax offense by an employer could even result in a criminal charge against a business owner. If you have any questions about your rights or responsibilities regarding payroll taxes, an experienced [Illinois payroll tax defense attorney](https://www.nslslaw.com/practice-areas/tax/payroll-tax-lawyers.html) can help. ### Set Up a Confidential Consultation With a Chicago Employment Lawyer At North Suburban Legal Services LLC, our [Chicago employment law attorneys](https://www.nslslaw.com/practice-areas/employment.html) for employers are committed to providing solutions-driven legal guidance and support to our clients. If you have any questions about your rights, we are here to help. Call us now at (312) 909-6089 or [contact us here](https://www.nslslaw.com/contact-us.html) for a confidential review and analysis of your case. From our law offices in Chicago and Schaumburg, we provide employment law representation in Cook County and throughout Northern Illinois. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Employment Lawyer --- ### [What is Protected Under the Americans With Disabilities Act?](https://nslslaw.com/what-is-protected-under-the-americans-with-disabilities-act/) **Published:** September 27, 2022 **Author:** admin **Content:** The [Americans with Disabilities Act (ADA)](https://adata.org/learn-about-ada) is a federal law that prohibits disability discrimination in the workplace. It is a comprehensive law—providing much-needed legal protections to many workers who have a physical or mental impairment that requires accommodation. It is crucial that employees know their rights and options under the ADA. All covered employers have a legal obligation to comply with all aspects of the ADA. Our [Chicago Americans with Disabilities Act attorneys](https://www.nslslaw.com/chicago-americans-with-disabilities-act-lawyer.html) provide an overview of what is protected under the ADA. ## The ADA Protects People With Disabilities in the Workplace The ADA is the primary law that protects the rights of disabled workers. The core purpose of the law is to help ensure that employees have fair and equitable opportunities to thrive in the workplace. More specifically, the ADA protects disabled workers by requiring covered employers to: - Give disabled job applicants and workers access to equitable employment opportunities - Refrain from unlawfully discriminating against workers due to disability status - Provide reasonable accommodations to disabled workers when warranted ### The ADA Applies to Employers With 15 or More Workers It is important to clarify that the Americans with Disabilities Act does not apply to every employer in Illinois. The ADA applies to all businesses, non-profit organizations, government entities, and other employers with 15 or more total employees. Part-time workers must be counted when determining whether or not an employer is covered by the ADA. ### How is a Disability Defined Under the ADA? The ADA protects job applicants and employees that have qualifying disabilities. Do not assume that you are not protected by the law. The Americans with Disabilities Act has a relatively broad definition of the term “disability.” For the ADA, a disability is defined as a ***“physical or mental impairment that substantially limits one or more life activities.”*** Some examples of disabling conditions that are protected by the ADA include: - Visual impairments (blindness) - Hearing impairments (deadness) - Mobility impairments, including wheelchair usage - Digestive system issues - Immune system issues - Post-traumatic stress disorder (PTSD) - Mental health issues, including anxiety and depression ### The ADA Protects an Employee’s Right to Reasonable Accommodation One of the key things to know about the ADA is that it protects a disabled employee’s right to request reasonable accommodation. As explained by the [United States Department of Labor (DOL)](https://www.dol.gov/agencies/odep/program-areas/employers/accommodations), a reasonable accommodation is a ***“modification or adjustment to a job, the work environment, or the way things are usually done during the hiring process.”*** The Americans with Disabilities Act mandates that employers make a good faith effort to provide disabled workers reasonable accommodations in three specific aspects of employment: - Ensuring equity and fairness in the application and hiring process - Allowing a qualified individual who can perform the essential functions of the job to take the position - Making it possible for a worker to enjoy equal benefits and privileges in employment To be clear, the ADA does not guarantee a disabled employee the right to receive any specific accommodation. Instead, it requires covered employers to engage in a good faith and interactive bargaining process to provide a modification/adjustment to the job duties or work environment that help to ensure that a disabled employee who can perform the essential duties of the position can enjoy equitable employment opportunities. ### What are Examples of a Reasonable Accommodation Under the ADA? Reasonable accommodations can come in a wide range of different forms. By definition, reasonable accommodation under the ADA should be customized to meet the unique needs of a disabled employee. Some examples of adjustments/modifications to job positions and the workplace environment that could be granted as a reasonable accommodation include: - Installing wheelchair ramps or other job site adjustments to improve access - Providing additional materials for a visual or hearing impairment - Granting an employee the additional option for telework - Allowing a worker a more flexible schedule - Offering additional leave for medical issues - Modification of job duties—such as removing a requirement for lifting heavy objects ### The Denial of a Reasonable Accommodation Could Constitute Discrimination A reasonable accommodation is not a “special privilege” or voluntary benefit offered by employers. Businesses and organizations that are covered by the ADA have a legal duty to make a good faith effort to find an accommodation that works for a disabled employee. The improper denial of reasonable accommodation could constitute disability discrimination under the ADA. Employers are not required to provide any accommodation that would present an undue burden. In effect, the ADA requires a balancing test. A reasonable accommodation poses an undue burden if it is unreasonably costly or otherwise unreasonably difficult for the employer. ### What to Do if Your Rights Were Violated Under the Americans With Disabilities Act Do you believe that you or your family member had rights violated under the ADA? If so, you must take proactive steps to protect your interests. You have the right to bring a disability discrimination claim. According to data from the [Equal Employment Opportunity Commission (EEOC)](https://www.eeoc.gov/statistics/charge-statistics-charges-filed-eeoc-fy-1997-through-fy-2021), approximately 22,000 disability discrimination claims are filed each year. You do not have to navigate the ADA claims process alone. Whether you were overtly discriminated against based on protected disability status or you were denied a reasonable accommodation, a Chicago employment law attorney with experienced handled ADA claims can help you navigate the legal process and determine the best course of action. ### Consult With a Chicago Americans With Disabilities Act Lawyer Today At North Suburban Legal Services LLC, our Chicago ADA attorneys have the professional skills and legal expertise to protect the rights of employees. If your rights were violated under the ADA, we are here as a legal resource. Call us at (312) 909-6089 or [send us a message](https://www.nslslaw.com/contact-us.html) to set up a fully confidential consultation. With law offices in Chicago and Schaumburg, our team handles disability discrimination cases throughout the region, including in Cook County, DuPage County, and Will County. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Disabilities Act Attorney --- ### [What is Considered Wrongful Termination in Illinois?](https://nslslaw.com/what-is-considered-wrongful-termination-in-illinois/) **Published:** September 12, 2022 **Author:** admin **Content:** ## Wrongful Termination Illinois is an employment-at-will state, which means that an employer can fire an employee for any reason, at any time. However, it is not quite that simple. There are plenty of situations in which it is not legal for an employer to fire an employee. For example, it is against the law to fire an employee because they get pregnant or because they gave testimony in a harassment lawsuit that another employee filed against the employer. Whether an employer knows they broke the law or they were ignorant of their employee’s rights, they can be held accountable for damages. Below are examples of various forms of wrongful termination. ### Discrimination [The Civil Rights Act of 1964](https://www.dol.gov/agencies/oasam/civil-rights-center/statutes/civil-rights-act-of-1964#:~:text=The%20Civil%20Rights%20Act%20of%201964%20prohibits%20discrimination%20on%20the,hiring%2C%20promoting%2C%20and%20firing.) prohibits discrimination based on a person’s race, color, religion, sex, or national origin. These traits are called protected classes. Additional laws have been created since 1964 that also protect employees and applicants based on their age (if they are over 40), pregnancy status, disability, and marital status. As such, it is against the law to make any negative employment decision or action based on any of these real or perceived traits. However, discrimination is rampant in modern workplaces, despite these laws. Firing someone based on any of these traits is considered wrongful termination, and an employee who is the victim of such a wrongful termination has the ability to file a wrongful termination claim against their employer, seeking damages. ### Employer Retaliation Employees have certain rights that all employers must take into account. One of these rights is the right to speak out against employer wrongdoing. It is illegal for an employer to retaliate against an employee who has filed, or is in the process of filing, a whistleblower lawsuit on behalf of the government. It is also illegal for an employer to retaliate against an employee who files a complaint with the Equal Employment Opportunity Commission (EEOC), protests against an employer, or files a lawsuit against their employer for discrimination, harassment, or any other wrongful act. There are a number of ways employers engage in retaliation. Demoting, refusing to promote an employee, and giving an employee undesirable tasks are just a few examples. However, the most common way an employer will illegally retaliate is by firing the employee. ### Breach of Contract If the employee and employer have a contract in place, and this contract is breached due to the employee’s firing, then it may be considered wrongful termination. However, if an employee has a contract with an end date for their services, that person is likely an independent contractor instead of an at-will employee. ### Taking Leave Under the Family and Medical Leave Act (FMLA) [The Family and Medical Leave Act (FMLA)](https://www.dol.gov/agencies/whd/fmla) enables employees to take time off from work after the birth of a child, or in certain similar scenarios where the employee has to care for a family member, without fear of being fired or demoted. Employers must reinstate the employee in their former position, at the same level of pay, after taking time off under the FMLA. Employees who are eligible for FMLA leave include those who work for: - Companies with 50 or more employees - Public agencies - Public elementary schools - Private elementary schools - Public secondary schools - Private elementary schools To be eligible, the employee must also have worked for their employer for at least 12 months and at least 1,250 hours over those 12 months. The FMLA provides 12 workweeks of unpaid time off for the following: - The birth of a child (within one year of the birth) - The placement of an adopted child or foster care child (within one year of placement) - To care for a spouse, spouse, child, or parent with a serious health condition - The employee themselves has a serious health condition that makes it impossible to perform the essential functions of their job - The employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty” and that person has a qualifying exigency because of their military service The FMLA provides 26 workweeks within a 12-month period for the care of an employee’s spouse, son, daughter, parent, or next of kin if they are a covered servicemember with a serious injury or illness. ### Taking Leave for Other Reasons In Illinois, it is unlawful for an employer to fire an employee for taking leave for the following reasons: - Using accrued vacation days - Jury duty - Voting ### Filing for Workers’ Compensation, Refusing to Perform Illegal Act, and Other Violations of Public Policy Workers’ compensation is reserved for any employee who gets hurt on the job or becomes sick or injured because of their occupation. Employees have the right to file a workers’ comp claim without being terminated. It is considered wrongful termination if an employer fires an employee for filing a claim, or for saying that they plan on filing a claim. Another example of an act that goes against public policy is firing an employee who refuses a sexual advance by their manager or boss. Similarly, employers who ask, or demand, an employee to perform illegal acts are not lawfully permitted to fire the employee if he or she refuses to go along. Whether the act is against state or federal law, is considered a felony/misdemeanor or a violation of the Environmental Protection Agency (for example), an employee has the right to refuse without fear of being wrongfully terminated. ## Call a Chicago Wrongful Termination Lawyer Today Were you fired because you spoke out against your employer for harassing you or another co-worker? Did your employer retaliate against you when you refused to go along with their sexual advances or inappropriate behavior? If you believe you were wrongfully terminated, an attorney may be able to help you receive compensation for your lost pay and benefits, emotional distress, and punitive damages. We urge you to take action today by calling the Chicago wrongful termination lawyers at [North Suburban Legal Services, LLC](https://www.nslslaw.com/contact-us.html). Call 312-909-6089 to schedule a free consultation with a Chicago wrongful discrimination attorney today. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Wrongful Termination Lawyer --- ### [Is The New Florida ‘Don't Say Gay’ Law Legal?](https://nslslaw.com/is-the-new-florida-dont-say-gay-law-legal/) **Published:** August 29, 2022 **Author:** admin **Content:** Our country is rife with homophobic, xenophobic ideology. Even today, 31% of Americans are opposed to gay marriage. For decades, politicians have been encouraging homophobia and capitalizing on these views; voters who have strong “moral” or religious views on sexual orientation are often single-issue voters, meaning they do not have strong opinions, or sometimes any opinions, on any other issues. As such, it is incredibly easy for a politician to accomplish little—or even actively harm the social fabric of the country—throughout their career so long as they pander to their constituents’ homophobia. There is no better example of this kind of homophobic pandering than what is going on in Florida, where Governor Ron DeSantis recently signed into law the Parental Rights in Education bill, which has been dubbed the “Don’t Say Gay Law.” ## What Do the Parental Rights in Don’t Say Gay Law Say? The “Don’t Say Gay Law” was allegedly created by Republican lawmakers so that parents are “in the know and involved on what’s going on,” according to State Representative Joe Harding, who introduced the bill. According to Governor Ron DeSantis, he signed the bill into law so that “parents can send their kids to school to get an education, not an indoctrination.” The law bans kindergarten through third-grade public school teachers from talking about or teaching their students about sexual orientation or gender identity, according to [CNBC News](https://www.nbcnews.com/nbc-out/out-politics-and-policy/florida-families-advocacy-groups-file-lawsuit-dont-say-gay-law-rcna40053). The law also potentially enables parents to sue a school district if they believe a school provided inappropriate information or instruction about sexual orientation or gender identity. ### Is the Don’t Say Gay Law Legal? The law is always up for debate. It is constantly being argued over in all levels of courts, and is ever-changing, at both the state and the federal level. Many bills that are signed into law by governors or even presidents—recent as well as decades-old—are later deemed unconstitutional. Court rulings are also frequently overturned—even rulings that persisted for many decades. There is certainly a fair amount of support for Florida’s new law, but there is also a considerable amount of criticism. While the Don’t Say Gay Law went into effect back in March, teachers all throughout the state were never issued guidance from the Florida Department of Education. This has left teachers fearful of losing their jobs simply by not understanding how to comply with the new law. Teachers have not been the only ones to speak out against the law, which critics have argued is dangerously discriminatory. The law has also attracted legal attacks. According to [Time Magazine](https://time.com/6155905/florida-dont-say-gay-passed/), multiple groups opposed to the oppressive, discriminatory law—who say that the law is not legal—have filed lawsuits against school districts, including: - The National Center for Lesbian Rights - Lambda Legal - The Southern Poverty Law Center - The Southern Legal Counsel The lawsuits argue that the law encourages “vigilante enforcement” and that its “intentionally vague and sweeping scope, invites parents who oppose any acknowledgment whatsoever of the existence of LGBTQ+ people to sue, resulting in schools acting aggressively to silence students, parents, and school personnel.” In response to threatened civil liberties—as well as those being taken away, such as the Don’t Say Gay Law and the recent Supreme Court ruling overturning Roe v. Wade, which took away the federal right to abortion—the [Equality Act](https://www.congress.gov/bill/117th-congress/house-bill/5/text) was introduced and passed in the House of Representatives earlier this year. Its intended purpose is to “prohibit discrimination on the basis of sex, gender identity, and sexual orientation, and for other purposes.” The bill still must go through the senate before becoming law. ### The Four Main Types of Sexual Orientation Discrimination in the Workplace Illinois has strong protections for LGBTQ+ workers compared to many other states. When it comes to workplace discrimination in Illinois, there are four main types that an attorney can help you take on by filing a discrimination claim against your employer. These include: - **Direct Discrimination**—An employee or applicant faces discrimination specifically directed toward them, such as being denied a job because they are gay. - **Indirect Discrimination**—An employee is indirectly discriminated against due to a company policy, such as the employee’s same-sex partner not being awarded benefits that different-sex partners are given. - **Harassment / Hostile Work Environment**—An employer can be sued if they harass an employee because of their sexual orientation, or if they enable a hostile work environment by not putting an end to harassing acts or remarks by employees or managers. Harassment includes teasing, mocking, excluding, derogatory name-calling, and much more. - **Retaliation**—Employers are barred from retaliating against employees who file workplace discrimination claims. This unlawful retaliation often includes denying promotions, demoting an employee, or termination. ### Exceptions to Illinois Anti-Discrimination Laws There are certain occupations in which it is essential to be a certain sexual orientation. For example, a helpline for gay and lesbian teenagers may require its employees to be gay or lesbian, as it is essential that the employees understand where the callers are coming from, and that the teens calling in feel safe. Unfortunately, state laws make it legal for certain religions to discriminate against homosexuality. The United Methodists do not allow LGBTQ people to be clergy, though the religion does accept them to be members. ## Call a Chicago Sexual Orientation Discrimination Lawyer Today While the Don’t Say Gay Law has unfortunately been enacted in Florida, though is thankfully being challenged by multiple lawsuits, discrimination exists right here at home in Chicago. You should never have to put up with discrimination based on your sexual orientation. If you are a parent of a child who has been discriminated against, your child deserves justice. The [Chicago sexual orientation discrimination lawyers](https://www.nslslaw.com/chicago-sexual-orientation-discrimination-lawyers.html) at [North Suburban Legal Services, LLC](https://www.nslslaw.com/contact-us.html) can help you pursue damages by filing a lawsuit against the at-fault party. Whether you were fired from your job, you were denied a marriage license, you were denied medical services, or your child was bullied in school and the school did nothing to stop it, we are here for you. Call 312-909-6089 to set up a free consultation with a Chicago sexual orientation discrimination attorney today. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Sexual Orientation Discrimination Attorney --- ### [What You Need to Know About IRS Tax Liens](https://nslslaw.com/what-you-need-to-know-about-irs-tax-liens/) **Published:** August 9, 2022 **Author:** admin **Content:** An [IRS tax lien](https://www.irs.gov/businesses/small-businesses-self-employed/whats-the-difference-between-a-levy-and-a-lien#:~:text=A%20lien%20is%20a%20legal,or%20refuse%20to%20pay%20it.) is a legal claim the Internal Revenue Service (IRS) files against your property to secure the payment of taxes you owe. The lien arises from a federal tax assessment against you and gives the IRS a priority interest in all your current and future assets, including real estate. The lien attaches to all of your property, including your home, car, and bank account. The IRS can enforce the lien by seizing and selling your property to pay your tax debt. A tax lien also affects your credit report and may make it difficult for you to get a loan or borrow money. If you pay the taxes owed, the IRS will release the lien. You need to [contact an IRS specialist](https://www.nslslaw.com/contact-us.html) immediately if you are having difficulty paying your taxes so that they can work with you to resolve the problem. ## What Are The Consequences Of An IRS Tax Lien? - **It Affects Your Ability to Sell Your Property:** If the IRS files a tax lien against you, it will affect your ability to sell your property. The lien will show up on any title search and will make it difficult (if not impossible) to sell the property until the lien is paid off. If the buyer does enter into a purchase agreement with you, the lien may also lower the value of the property, as the buyer may be worried about the IRS seizing the property to satisfy the lien if you still do not settle with the IRS. - **It Limits the Effectiveness of Bankruptcy Relief:** When an individual files for bankruptcy, one of the goals is to have as much of their debt discharged as possible. However, an IRS tax lien can limit the effectiveness of bankruptcy relief. This is because the bankruptcy court [will not discharge](https://www.irs.gov/businesses/small-businesses-self-employed/declaring-bankruptcy#:~:text=four%20tax%20periods.-,Dismissal%3A%20IRS%20may%20keep%20payments%2C%20and%20time%20in%20bankruptcy%20extends,and%20pay%20income%20tax%20due.) any of the individual’s debt that is owed to the IRS. The lien will attach to all of the individual’s assets and make them liable for the full amount of the debt. The court, however, may allow you to pay the debts over an agreed-upon period of time. - **It Hurts Your Ability to Borrow Money:** When the IRS files a tax lien against you, it creates a public record of your debt. This can make it difficult to borrow money because potential lenders will see the lien as a sign that you are not creditworthy. The lien may also lower your credit score, making it harder to get approved for loans and other forms of credit. - **Through Prospective Employer Credit Checks, it Can Even Harm Your Chances of Getting a New Job:** When you’re looking for a new job, the last thing you want is a cloud of negative information hanging over your head. Unfortunately, that’s exactly what can happen if you have an IRS tax lien. Researchers have shown that employers are increasingly [using credit checks as part of their hiring process](https://www.salon.com/2016/03/06/employers_are_using_credit_checks_against_otherwise_qualified_workers_heres_what_we_can_do_about_it/). The study also found that having a tax lien can hurt your chances of getting a new job. Employers often see tax liens as a sign that you’re not responsible or reliable and may be less likely to offer you the position – or even call you back for an interview. In some cases, they may even rescind a job offer that’s already been made. - **The Lien Will Remain on Your Credit Report:** The lien will remain on your credit report and will stay in place until the taxes are paid in full, or the IRS agrees to release it. This can take years depending on the amount of taxes you owe. ## How Can You Avoid an IRS Tax Lien? As you can see, an IRS tax lien can be a very serious problem. Fortunately, if you are not yet owing any back taxes, there are ways to avoid an IRS tax lien. The most important step is to file your taxes on time and pay the full amount you owe. If you cannot afford to pay the full amount, you should contact a tax attorney in Illinois to contact the IRS and try to arrange [a payment plan](https://www.irs.gov/payments/payment-plans-installment-agreements#:~:text=A%20payment%20plan%20is%20an,liable%20for%20a%20user%20fee.). Another important step is to keep accurate records of all your income and expenses. This will make it easier to file your taxes on time and pay the correct amount. You should also avoid any behavior that may attract the attention of the IRS. This includes claiming excessive deductions, or transferring money or assets to family members or friends in order to avoid paying taxes on those assets. Another reason the IRS may become interested in a taxpayer is if they have been making large purchases or transfers of assets, especially if these transactions occurred close in time to one another. The IRS may also be interested in a taxpayer’s activities if the taxpayer appears to be engaged in other patterns of behavior that suggest tax evasion. For example, the IRS may investigate a taxpayer who reports little or no income on their tax return, yet has a lavish lifestyle that cannot be supported by their reported income. ## What Should You Do if You Receive a Notice of an IRS Tax Lien? If you receive a notice of an IRS tax lien, there are a few things you should do: - Review the notice carefully to make sure the information is correct. - Contact the IRS if there are any errors on the notice. - If you owe money, try to work out a payment plan with the IRS. - If you cannot afford to pay your taxes, explore your options for getting help from the IRS. - Keep copies of all notices and communication with the IRS. - Take action to clear up the tax lien as soon as possible. - Get professional help from a tax attorney. - Do not ignore the problem – take action now! ## How an IRS Tax Lien Removal Attorneys Can Help You An IRS tax lien removal attorney can help you get your financial life back on track. As we have shown you, if you have an IRS tax lien against you, it can be very difficult to get a loan, or sign a lease agreement, among other things. An attorney can help you negotiate with the IRS to get the lien released. They may be able to get the lien reduced or even removed altogether. ## IRS Tax Lien Removal Attorneys In Illinois If you have an IRS tax lien placed against you, it can be a very difficult situation to resolve on your own. If you are facing an IRS tax lien, and you live in Illinois, you need to [contact a qualified tax attorney at North Suburban Legal Services, LLC](https://www.nslslaw.com/contact-us.html) for assistance. Our attorneys are skilled in the three ways to deal with an IRS tax lien: paying the debt in full, negotiating a payment plan, or disputing the lien. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Tax Lien Removal Attorney --- ### [How Does the Illinois Whistleblower Act Protect Employees?](https://nslslaw.com/how-does-the-illinois-whistleblower-act-protect-employees/) **Published:** July 26, 2022 **Author:** admin **Content:** Workplace whistleblowing is the act of informing an appropriate authority about illegal or unethical behavior within an organization. Whistleblowers can be employees, contractors, or volunteers who believe that the organization they work for is engaging in illegal or unethical behavior. As a result of whistleblowing, whistleblowers may face retaliation from their employer, including dismissal, harassment, or violence. However, for Illinois workers, whistleblowing is protected by law. This law is known as the Illinois Whistleblower Act. The Illinois Whistleblower Act protects employees from retaliation if they report a violation of the law or their workplace safety and health regulations. This includes reporting illegal activity, suspected fraud, or any other wrongdoing that is not permissible under [Illinois law](https://www.ilga.gov/legislation/ilcs/using.asp). The Act also provides protection against discrimination based on whistleblower status. Employees who are protected by the Act can rely on the law to ensure that they are not punished for reporting violations. ## What Types of Activities are Protected? Protected types of activity generally refer to activities that are protected under state or federal law from retaliation. In Illinois, protected types of activity under the Illinois Whistleblower Protection law include reporting any activity, policy, or practice that the employee reasonably believes is in violation of a law, rule, or regulation; gross mismanagement; gross waste of funds; an abuse of authority; or; a substantial and specific danger to public health or safety. Other protected activities may be included based on [federal law](https://www.law.cornell.edu/uscode/text/18/245), and these include filing a complaint about discrimination or harassment, participating in an investigation, and exercising a legal right. ## What are the Protections Offered by the Illinois Whistleblower Act? The Illinois Whistleblower Act (IWA) specifically prohibits employers from taking any adverse action against an employee who reports misconduct, including firing, demoting, harassing, or discriminating against the employee. Additionally, the IWA allows whistleblowers to recover damages if they are retaliated against. These damages may include back pay (often in multiples of what is owed), reinstatement, and attorney’s fees. ## How Do You Know if You are Protected by the Illinois Whistleblower Act? In order to know if you are protected under the Illinois Whistleblower Act, you must first understand what this Act entails. The Illinois Whistleblower Act is a law that was put in place to protect employees from retaliation when they report illegal or unethical behavior within their company. This law is broken into two parts — public and private. Public sector employees are protected under the act when they disclose information that is in the public interest. This could include disclosing information about government fraud, waste, or abuse. Private sector employees are protected under the act if they disclose information that is related to a health or safety hazard, or if they disclose information that is in violation of state or federal law. Some of the most common examples of this type of information include theft, bribery, or sexual harassment. The IWA applies to employees, regardless of their rank in the company. However, it is possible that the Act might not protect you if it is determined that you did not report the illegal or unethical activity in good faith. An example of whistleblowing in a company without good faith would be an employee revealing trade secrets or confidential information to a competitor. This can also include revealing client lists or making yet-to-be-verified or false accusations. Also, if it is determined that you reported the activity in a way that posed a threat to the public interest, you may not be protected under the Act. These are just two examples of how the whistleblower protection act can sometimes be confusing and difficult to navigate. So, if you have yet to “blow the whistle,” it is important to [seek legal advice](https://www.nslslaw.com/contact-us.html) if you are considering reporting illegal or unethical activity within your company. ## How to Report a Whistleblower Violation If you have been retaliated against for reporting a violation of the law, you may be able to file a whistleblower retaliation claim. To file a whistleblower retaliation claim in Illinois, you must first file a complaint with the [Illinois Department of Labor (IDOL)](https://www2.illinois.gov/idol/Pages/Complaints.aspx). The IDOL will investigate your complaint and will determine whether there is enough evidence to support your claim. If the IDOL finds that there is evidence to support your claim, they may refer your case to the Illinois Attorney General’s Office. They may also request that you file a whistleblower retaliation claim with the [Illinois Human Rights Commission (IHRC)](https://www2.illinois.gov/sites/ihrc/Pages/default.aspx). The IHRC will investigate your claim and determine whether it has merit. If the IHRC finds that your claim has merit and that the employer retaliated against the employee, it may order the employer to stop the retaliation and take other corrective action. The department may also award the employee back pay, damages, and attorney’s fees. You can also file a lawsuit against your employer in court. ## How Can You Get Proper Representation to Protect You as a Whistleblower? ### Before Whistleblowing Whistleblowers can take steps to ensure they are represented by an attorney prior to making disclosures and to help protect them afterward. As noted, the State of Illinois has a designated whistleblowing law that provides protection for employees who disclose information about illegal or unethical activity occurring within their firm. An experienced whistleblower lawyer can help individuals understand their rights and protections under this law. In addition, the lawyer can assist in preparing a statement disclosing the information, as well as represent the whistleblower in any legal proceedings that may occur as a result of the disclosure. ### After Whistleblowing Whistleblowers are often left in difficult positions after they come forward with allegations of wrongdoing. If you are in this position, the first step is to find an attorney who specializes in whistleblower cases. The attorney can work with you to make sure that you have all of the evidence that supports your allegations. This evidence can help your case and may be necessary if you decide to file a lawsuit. Additionally, if you have been retaliated against for whistleblowing, or if you are facing criminal charges as a result of your actions, Illinois retaliatory discharge lawyers can help protect your rights and guide you through the legal process. ## Chicago Wrongful Termination Lawyers North Suburban Legal Services, LLC is an employment law firm located in Chicago, Illinois. One of our areas of specialization is in helping individuals who have exposed corruption or illegal activity within their workplace or organization. We understand the risks whistleblowers often face, and we are dedicated to helping them protect their rights and fight for justice. If you have been retaliated against for speaking out against wrongdoing, [contact us today](https://www.nslslaw.com/contact-us.html) for a free consultation. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Whistleblower Act --- ### [I Was Fired After Filing a Workers' Compensation Claim, Can I Retaliate?](https://nslslaw.com/i-was-fired-after-filing-a-workers-compensation-claim-can-i-retaliate/) **Published:** July 19, 2022 **Author:** admin **Content:** In Illinois, it is illegal for an employer to fire an employee in retaliation for filing a workers’ compensation claim. As such, if you have been fired after filing a workers’ compensation claim, you may be able to [file a retaliatory discharge lawsuit](https://cdn.ymaws.com/www.idc.law/resource/resmgr/Quarterly_V16-17/17.3.M1.pdf) against your former employer. To prove that you were fired in retaliation for filing a workers’ compensation claim, you will need to show that: (1) You filed a workers’ compensation claim (2) You were fired shortly after filing the claim (3) There was a causal connection between the two events If you can prove that your firing was in retaliation for filing a workers’ compensation claim, you may be entitled to damages, and a [Chicago retaliatory discharge lawyer](https://www.nslslaw.com/chicago-retaliatory-discharge-attorneys.html) at North Suburban Legal Services, LLC can help. ## What Is Workers’ Compensation? [Workers’ compensation in Illinois](https://www2.illinois.gov/sites/iwcc/about/Pages/insurance.aspx) is a system of insurance that provides benefits to employees who are injured or become ill as a result of their job. Benefits can include medical expenses, income replacement, and death benefits. Workers’ compensation is typically mandatory in most jurisdictions, meaning employers must provide coverage for their employees. ### What Are Employees’ Rights When It Comes to Workers’ Compensation? Employees have the right to receive workers’ compensation benefits if they are injured or become ill as a result of their job. Workers may also be entitled to income replacement payments if they are unable to work because of their injury or illness. If the worker dies as a result of a work-related accident, the family of the deceased employee may be entitled to benefits. Benefits are provided by both the insurance company, and in some cases, by the state and federal governments. Depending on where you work, private insurance, the state government, or the federal government would be responsible for administering workers’ compensation benefits and paying claims from its general fund. ### Why Do Some Employers Feel Offended As To Fire Staff Who File a Workers’ Compensation Claim? There are a few reasons why an employer might feel offended at the thought of someone filing a workers’ compensation claim. First, workers’ compensation is often seen as an admission of guilt, as if the employee is admitting that they were somehow at fault for the accident or injury. Secondly, filing a workers’ compensation claim can be expensive for the employer, both in terms of the possibility of increased workers’ compensation premiums and in terms of the administrative time and resources that go into processing those claims. Third, some employers may feel offended or simply feel that the employee is trying to take advantage of the system, and is not really injured. Fourth, some employers never bought insurance, expecting their employees to just tough it out if they are injured. Firth, when an employee files a workers’ compensation claim, it can be a sign that the set government policies were not followed by that employer and that the employer may be liable for damages. ### Common Forms of Employer Retaliation Employers retaliate against employees in a variety of ways. Some common forms of retaliation include demoting or firing an employee, reducing the employee’s hours, harassing the employee, and blacklisting the employee. Retaliation can also take the form of subtle forms, such as adverse actions, giving the employee undesirable work assignments, or changing the employees’ work schedule without notice. Employers may also try to intimidate the employee into not reporting the retaliatory behavior. If an employee faces adverse action, they may be less likely to speak up against their employer. This is because they may be concerned that they will lose their job and will not be able to support themselves and their family. At this point, some employees believe that if they are fired, they may have a harder time finding another job, which would make them limit their ability to retaliate. But don’t! You are giving up your rights if you do so and may be paving the way for further unwanted, unlawful, and unhealthy behavior(s) from your employer. ### What To Do if You’re Retaliated Against If an employee experiences retaliation from their employer, the first step is to document what happened. Write down the date, time, and location of the incident, as well as what transpired. Save any emails or voicemails that are related to the incident. If possible, take pictures or videos of the retaliation. After documenting the incident, the next step is to reach out to a lawyer. The lawyer can help you open a case at the federal level with the [Equal Employment Opportunity Commission (EEOC)](https://www.usa.gov/federal-agencies/equal-employment-opportunity-commission#:~:text=The%20Equal%20Employment%20Opportunity%20Commission,training%2C%20wages%2C%20and%20benefits.). The EEOC can investigate your case and may be able to help you get back pay, damages, and other remedies. The lawyer may also take up the case at the state level by filing a claim with the Illinois Department of Labor. The lawyer may also help you file a civil suit against the employer. The lawsuit will be heard by a judge or jury, and you may recover damages for any losses you sustained as a result of your employer’s retaliatory act. ### **What Are Some Steps Employees Can Take if They Are Fired After Filing a Workers’ Compensation Claim?** Just as with other forms of retaliation, if an employee is fired after filing a workers’ compensation claim, they are able to take legal action against their employer. The same steps also need to be taken; filing a complaint with the state labor department, the Equal Employment Opportunity Commission, or filing a lawsuit. ### How To Prove Retaliation There are a few ways to prove that an employer has retaliated against an employee. One way is to show that the employer has made a negative change in the employee’s working conditions after the employee filed a complaint or engaged in some other legally protected activity (such as after filing a workers’ compensation claim). This can include things like demoting the employee, reducing their pay, or cutting their hours. Other acceptable kinds of evidence include witness testimony, emails, text messages, and other documentation that supports the allegation of retaliation. Additionally, the timing of the retaliatory act can be significant evidence. For example, if an employee is fired shortly after complaining about discrimination, this could be strong evidence of retaliation. ### Contact Our Chicago Retaliatory Discharge Lawyers In conclusion, it is important to understand that workers’ compensation retaliation is illegal in Illinois. If you have been fired, demoted, or otherwise retaliated against after filing a workers’ compensation claim, you may have a case. Contact North Suburban Legal Services, LLC experienced [Chicago retaliatory discharge attorneys](https://www.nslslaw.com/contact-us.html) to discuss your options at 312-909-6089. It is important to take action quickly, as the window for filing a retaliation claim in Illinois is typically short. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Retaliatory Discharge Attorney --- ### [My Employer Did Not Pay Me for Overtime What Can I Do?](https://nslslaw.com/my-employer-did-not-pay-me-for-overtime-what-can-i-do/) **Published:** July 5, 2022 **Author:** admin **Content:** Overtime hours are those hours that are worked in excess of a regular workday. Generally, overtime is paid at a higher rate than regular hours. Employers often require employees to work extra hours in order to meet production deadlines or to cover for absent employees. However, for one reason or the other, several employees refuse to pay their staff for the extra hours they put in. In fact, some employees may be threatened with dismissal for refusing to work overtime for free. This is against [Illinois wage laws](https://www.ilga.gov/legislation/legisnet92/hbgroups/hb/920hb3176lv.html). In other instances, some employers decide to pay a lower-than-is-legal fee for the overtime hours their employees work. This, too, is against the law. ## What Is the Overtime Rate in Illinois? In [Illinois, overtime hours](https://www.dol.gov/agencies/whd/overtime#:~:text=The%20federal%20overtime%20provisions%20are,their%20regular%20rates%20of%20pay.) are hours worked in excess of the standard 40-hour workweek. If you work more than 40 hours in a week, your employer is required to pay you 1.5 times your regular rate of pay for all hours worked over 40. If your employer fails to do this, you can take legal action to recover the unpaid overtime wages. To start, calculate how much money you are owed in overtime wages. This can be done by multiplying the number of overtime hours you worked by 1.5 times your regular rate of pay. Next, gather evidence to support your claim, such as time cards or payroll records. ### Who Is Eligible for Overtime Pay? In Illinois, most employees are eligible for overtime pay. This includes hourly, non-exempt employees, as well as those who are paid a salary. However, there are a few exceptions. For instance, some employees referred to as exempt employees, are not entitled to overtime pay if they are executive, administrative, or professional employees. Some radio/television workers also fall under the exempt category. Employees of certain educational or residential child care institutions are also exempt employees. Additionally, outside salespeople and certain computer professionals are also exempt from overtime pay. Finally, certain truck drivers, agricultural workers, salesmen, and mechanics may be exempt if they meet certain criteria. ### How Do Employers Try to Avoid Paying Overtime? There are a few methods employers may use to avoid paying overtime. They include: a. Classifying employees as exempt from overtime pay. b. Pay workers a fixed salary instead of an hourly wage. c. Making employees work before they’ve been clocked in. d. Making employees work after they’ve been clocked in. e. Not paying them for mandatory meetings or training courses. ### Why Do Some Employers Fail to Pay for Overtime? There are a couple of reasons why an employer may not have paid for overtime. They include: a. An attempt to save money. b. A lack of knowledge about overtime laws. c. A knowledge of overtime laws, but a strong adamance to simply not pay. d. A belief that their employees are not entitled to receive overtime pay. e. A conviction they can get away with it; workers may fear losing their employment and hence will not complain. ### What Can You Do To Get the Money You Earned? First, ask your employer if they are aware that they are not complying with the law. If they are not responsive to your demands, it is suggested that you take the following steps: ### File a Claim with the Illinois Department of Labor If you feel that you have not been paid the overtime wages that you are owed, you may file a claim with the [Illinois Department of Labor](https://www2.illinois.gov/idol/Pages/Complaints.aspx). An attorney can help you file your claim and can represent you in negotiations with your employer. If your claim is successful, you will be awarded back pay for the overtime hours that you worked. ### Hire an Employment Attorney A [Chicago employee rights lawyer](https://www.nslslaw.com/contact-us.html) at North Suburban Legal Services, LLC can help you file a lawsuit against your employer for the unpaid overtime wages. The lawyer will also be able to help you negotiate a settlement with your employer if they are willing to pay what you are owed without going to court. ### Contact the Federal Wage and Hour Division If an employee feels that they are not being paid the correct overtime wages, they can also contact the Federal Wage and Hour Division for assistance. An attorney will be able to help file a claim for unpaid overtime wages. ### File a Civil Lawsuit If an employee feels that they are not being paid the correct overtime wages, they may also file a civil lawsuit against their employer. An attorney can help to guide the employee through this process and ensure that they receive the appropriate compensation. The lawsuit will argue that the employer did not pay the employee the correct overtime wages, as required by law. If the employee is successful, they may be awarded back pay, damages, and attorney’s fees. ### Contact a Class Action Lawyer A class-action lawsuit is a type of lawsuit where a group of people, called a class, sues another person or company. The people in the class are usually all in the same situation, for example, all employees who were not paid overtime wages. This means that they have all been hurt by the same thing and want to take legal action together. This saves each individual from having to file their own lawsuit, which can be expensive and time-consuming. An attorney can help you determine if you have a valid class action claim and help you file the lawsuit. ### What if You Have Been Fired for Requesting Overtime Pay? If an employee has been fired for requesting overtime pay, they may have a claim for retaliatory discharge. Illinois law prohibits employers from discharging employees in retaliation for exercising their rights under the Illinois Minimum Wage Law. This includes requesting overtime pay. An employee who has been fired in retaliation for requesting overtime pay may be able to recover lost wages, damages, and attorneys’ fees. ### Call Our Chicago Wage And Hour Claims Attorneys Are you being paid for all the hours you work? Our law firm specializes in helping individuals who have not been paid properly or have experienced other wage and hour violations. By reaching out to us, countless individuals have received the legal assistance they needed in order to pursue justice. Call our [Chicago wage and hour claims attorneys](https://www.nslslaw.com/contact-us.html) at North Suburban Legal Services, LLC, at 312-909-6089 for a free consultation. We can help you recover the wages you’re owed. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Employee Rights Lawyer --- ### [What Is Covered Under the Americans With Disabilities Act?](https://nslslaw.com/what-is-covered-under-the-americans-with-disabilities-act/) **Published:** June 16, 2022 **Author:** admin **Content:** The [Americans with Disabilities Act (ADA)](https://www.eeoc.gov/publications/ada-your-responsibilities-employer) is a federal law that prohibits discrimination against individuals with disabilities in *employment, public services accessibility, transportation*, and other areas of life. The ADA applies to private businesses with 15 or more employees, *state and local governments*, and *educational institutions*. The ADA prohibits discrimination against people with disabilities and requires businesses to make reasonable accommodations for all their disabled employees. ## What Disabilities Are Covered by the Americans With Disabilities Act? The ADA covers a wide range of disabilities, including physical disabilities, mental disabilities, and cognitive disabilities. It also covers all medical impairments and conditions. The act promotes the inclusion of individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. ### What Are an Employer’s Responsibilities? ADA compliance puts some responsibility on employers. They must provide reasonable accommodations to employees with disabilities unless doing so would create [an undue hardship](https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada) for the company. These accommodations can include changes to the work environment, modified job duties, or special equipment that allows employees with disabilities to function effectively in the workplace. They must also ensure that their workplace is accessible to employees with disabilities, and they must not discriminate against employees with disabilities in any way. The role of employers is listed below: **1. Services Accessibility** Businesses are required to make “[reasonable modifications](https://www.ada.gov/reachingout/t3regl1.html)” to their policies, practices, and procedures to ensure that individuals with disabilities have an equal opportunity to enjoy their goods and services. This requirement extends to all aspects of the business, from the initial interactions with customers to the way the business is run internally. It also extends to cover both disabled staff, and/or disabled customers. For example, a business might need to make changes to its website so that it is accessible to individuals who are blind or have low vision. **2. Transportation** The Americans with Disabilities Act (ADA) requires that businesses provide accessible parking for people with disabilities. This includes designated parking spots that are close to the entrance of the business, as well as wheelchair-accessible parking spaces. The ADA also requires that businesses provide accessible entrances, restrooms, and other facilities for people with disabilities. **3. Staff Hiring** While the ADA does not require employers to hire employees with disabilities who are not qualified for the position, it does require employers to provide reasonable accommodations to applicants during the hiring process, such as allowing them to take tests or submit applications in a different format. ### How Can You Tell if You Are Being Discriminated Against? **1. As a Customer** There are many ways that you can tell if you are being discriminated against as a customer. Some signs may be obvious, such as being treated rudely or unfairly or being refused service. However, other forms of discrimination may be more subtle, such as frowning or making assumptions about what a customer might want or need. **2. As a Prospective Employee** There are many ways to tell if you are being discriminated against as a prospective employee. One sign may be that you are not being interviewed for a position even though you meet the qualifications listed in the job posting. Another sign may be that you are not being offered the same salary and benefits as other employees with similar experience and qualifications. Additionally, if you experience negative comments or treatment from your potential employer or coworkers, this could also be a sign of discrimination. **3. As an Existing Employee** There are many ways to tell if you are being discriminated against as an existing employee. One sign may be that you are not being given the same opportunities as other employees, or that you are being passed over for promotions. Additionally, if you are being harassed at work, this is also a form of discrimination. ### How Do People File Complaints if They Feel They Have Been Discriminated Against? When people feel that they have been discriminated against, they may file a complaint with a state administrative agency or the federal administrative agency. In Illinois, the state agency is the [Illinois Department of Human Rights (IDHR)](https://www2.illinois.gov/dhr/Pages/default.aspx). The IDHR will investigate the complaint and determine if there is enough evidence to support a case. If there is, the IDHR will work to resolve the issue through mediation or through a hearing before an administrative law judge. The federal agency responsible for investigating complaints of discrimination is the Equal [Employment Opportunity Commission (EEOC)](https://www.eeoc.gov/). The EEOC will investigate the complaint and determine if there is enough evidence to support a case. If there is, the EEOC will work to resolve the issue through mediation or through a hearing before an administrative law judge. In either case, having a skilled [Chicago disability discrimination attorney](https://www.nslslaw.com/chicago-disability-discrimination-lawyers.html) help you throughout the process will prove extremely useful. ### FAQ: Can an Employer Ask About Your Disability Before Offering You Employment? Under the Americans with Disabilities Act (ADA), an employer may not ask about an applicant’s disability before offering employment. This is to prevent employers from discriminating against qualified individuals with disabilities. However, once an individual is employed, or during the employment process, the employer can also ask if the applicant can perform the essential functions of the job with or without reasonable accommodation. So, yes, an employer cannot require an applicant to disclose their disability, but they can ask if the applicant needs any reasonable accommodations to do the job. The onus now lies on the employee to explain to the prospective employer the “accommodations” they need to effectively carry out their duties. These reasonable accommodations can include changes or adjustments to the work environment or to the way a job is performed that will enable a person with a disability to have an equal opportunity to apply for and perform the job. ### What Should You Do if You Are a Victim of Disability Discrimination in Chicago, IL? If you feel as though you have been discriminated against because of your disability, it is important to speak with a [Chicago disability discrimination lawyer](https://www.nslslaw.com/chicago-disability-discrimination-lawyers.html) at North Suburban Legal Services, LLC to discuss your legal options. You can call 312-909-6089 to schedule a free consultation. North Suburban Legal Services, LLC, specializes in helping victims of disability discrimination and can provide you with the legal assistance you need to protect your rights. Our attorneys will work tirelessly to get you the justice you deserve. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Disability Discrimination Lawyer --- ### [Forced To Resign After a Workplace Injury?](https://nslslaw.com/forced-to-resign-after-a-workplace-injury/) **Published:** June 9, 2022 **Author:** admin **Content:** When someone is injured at work, they may be entitled to benefits in the form of disability compensation or workers’ compensation. There are times, however, when an injury may compel a person to need to resign from their job. This can be due to the severity of the injury or because they believe that the workplace is too dangerous for them to continue to stay in. If you have to resign from your job after an injury, there are a few things to keep in mind. First, make sure you have all of your paperwork in order. This includes your resignation letter, medical documents, and anything else that proves your injury. Second, you should understand that you may be able to sue your employer for wrongful termination. The [laws surrounding wrongful termination](https://www.dol.gov/agencies/whd/state/contacts) vary from state to state, but for Schaumburg, you must simply prove that the company knew or should have known about your injury and that their actions led to your resignation. If you are able to prove that the firing was due to the injury, you may be able to receive damages. **The Challenges Faced by Injured Workers in Schaumburg** Injured workers in Schaumburg can face many challenges as they try to recover from their injuries. One such challenge is the possibility of being forced to resign from their job. This often happens when an employer refuses to accommodate an injured worker’s needs, which can include modified hours or a change in duties. An injured worker may also be denied workers’ compensation benefits, or receive benefits that are not enough to cover their costs. As a result, they may be forced to rely on public assistance programs, which can be difficult to qualify for and challenging to navigate. Both of these challenges can make it difficult for an injured worker to recover and get back on their feet, thus making them decide that resignation is a better option. **What Are Your Rights if You Have a Workplace Injury?** In the US, workers who are injured on the job are protected by a variety of laws and regulations. They include: **Workers’ Compensation:** If you are injured on the job, you may be entitled to [workers’ compensation benefits](https://www2.illinois.gov/sites/iwcc/about/Pages/insurance.aspx). These benefits can include medical expenses, income replacement, and death benefits. **FMLA:** The [Family and Medical Leave Act (FMLA)](https://www.dol.gov/general/topic/benefits-leave/fmla) provides eligible employees with up to 12 weeks of unpaid leave per year for qualifying family and medical reasons. **ADA:** The [Americans with Disabilities Act (ADA)](https://www2.illinois.gov/dcfs/aboutus/OAA/Pages/AmericanswithDisabilitiesAct.aspx#:~:text=The%20ADA%20prohibits%20discrimination%20against,activity%20offered%20by%20this%20agency.) prohibits employers from discriminating against qualified employees or applicants with disabilities. This includes refusing to hire, firing, or otherwise discriminating against you because of your disability. Employers are also required to provide reasonable accommodations for qualified employees and applicants with disabilities. If you believe that your employer has violated the Workers’ Compensation law, the FMLA, the ADA, or any other federal or state law, you may wish to consult an [Illinois wrongful termination lawyer](https://www.nslslaw.com/chicago-wrongful-termination-attorney.html). **What Are Your Rights if You Are Forced To Resign After a Workplace Injury?** If an employee is coerced into resigning after a workplace injury, they have grounds for a wrongful termination lawsuit. However, it is good to understand your rights. We have listed them below: **The Law:** Coercion to resign (also referred to as a [constructive discharge](https://www2.illinois.gov/sites/ihrc/Decision/IHRCDecisions/19-0587%20Gary%20Pierce%20v.%20Health%20Plus,%20Inc.pdf) or forced resignation), is grounds for a wrongful termination lawsuit. “Constructive discharge” is a legal term used in the United States to describe an employee’s resignation that is the result of the employer creating a hostile work environment. A constructive discharge arises when the employer, through its actions or inaction, makes the work environment so intolerable that a reasonable person would feel forced to resign. This “constructive discharge” may sometimes involve threats or intimidation. **Damages:** In order to prove wrongful termination, the employee would need to show that their resignation was not voluntary and that the injury was a factor in the resignation. If you can prove that constructive discharge was the reason you resigned, you may be able to receive damages. This can be a difficult claim to prove, but if you are successful, you may be awarded back pay, lost benefits, and damages for emotional distress. **Time Limits:** In Illinois, employees that are being discriminated against due to their injuries have a limited amount of time to file a wrongful termination lawsuit. This time limit is known as the statute of limitations. The [statute of limitations for wrongful termination in Illinois](https://www2.illinois.gov/dhr/FilingaCharge/Pages/default.aspx) as a result of discrimination in Illinois is 300 days. This means that employees have less than a year from the date of their termination to file a lawsuit. If they do not file a lawsuit within this time limit, they may lose their right to sue. **How Can You Prove That You Were Forced To Resign After a Work Injury?** If an individual has been forced to resign after a work injury, they may be able to prove this through various means. One way to prove this would be through documentation of the injury itself, as well as any subsequent attempts by the employer to dissuade the employee from filing a workers’ compensation claim. Additionally, if the individual was terminated shortly after the injury occurred, this could also be used as evidence of coercion on the part of the employer. If you have any witnesses who can attest to the fact that you were forced to resign, their testimony can also be used to support your case. **What Are the Possible Consequences of Being Forced To Resign After a Work Injury?** There are a few possible consequences that may follow after an employee is forced to resign after a work injury. One consequence may be that the employee may lose their eligibility for workers’ compensation benefits. Another consequence may be that the employee will have a difficult time finding a new job, as most employers will not want to hire someone who has recently resigned from their previous job. Additionally, the employee may experience financial difficulties as they are no longer able to get a salary. **What Should You Do if You Have Been Forced To Resign After a Work Injury?** If you are injured at work and feel that you are being (have been) forced to resign, it is important to seek legal help. The laws regarding workplace injuries can be complicated, and it is important to have an experienced attorney on your side. A skilled [wrongful termination lawyer in Schaumburg](https://www.nslslaw.com/chicago-wrongful-termination-attorney.html) can help protect your rights and ensure that you receive the compensation you deserve. Call North Suburban Legal Services, LLC at (312) 909-6189 so we may get started on your case. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Wrongful Termination Lawyer --- ### [What To Do If Your Chicago Business Was Accused of Sex Discrimination](https://nslslaw.com/what-to-do-if-your-chicago-business-was-accused-of-sex-discrimination/) **Published:** May 24, 2022 **Author:** admin **Content:** Discrimination and harassment have been hot topics in the workplace in recent years, especially since the [\#MeToo movement](https://metoomvmt.org/?msclkid=6986e1bbbad711ec936bf420b1bf039b) became popular. Since then, many employers have faced sex discrimination claims from employees. Being accused of any type of discrimination can be a frustrating situation for an employer. It can ruin their relationship with the employee. It can harm their reputation. It can land them in legal trouble and force them to pay fines and other penalties. In short, there’s a lot at stake with a discrimination lawsuit, and employers must take them seriously. They’re not a joke. Not defending themselves properly or ignoring the claim altogether can lead to serious repercussions. You need to defend yourself in the best way possible so you get the best possible outcome. See how [Schaumburg employment discrimination defense lawyers](https://www.nslslaw.com/practice-areas/employment.html) can help. **What is Sex Discrimination?** First of all, as an employer, you should be aware of what sex discrimination is so you can avoid it in the first place. Sex discrimination involves treating an employee or even a job applicant unfavorably due to the person’s gender, including their gender identity (including transgender status), sexual orientation, or pregnancy. Discrimination is not allowed in terms of various elements of employment, such as hiring, pay, training, promotions, layoffs, firing, and training. Harassment can be sexual in nature, but it does not have to be. and can include offensive remarks about a person’s sex, including the person’s sexual orientation, gender identity, or pregnancy. The victim and the harasser can be of either sex. It is still considered sexual harassment whether both are of the same sex or different sex. **Why You Need to Take Quick Action** When an employer finds out they have a claim against them for sex discrimination, they need to take prompt action. The actions an employer takes afterward can be helpful in reducing liability, limiting damage to the company’s reputation, and even improving employee relations. This means you need to start the defense process as soon as possible. The CEOs and other higher-ups in the company should coordinate any strategies with the human resources and legal departments to ensure there is no miscommunication. **The Next Steps for the Employer** A sex discrimination lawsuit is a serious legal issue that can cause your company a lot of harm if not handled properly. Here are the next steps you should take. - **Get a lawyer.** Don’t think you can handle the situation on your own. There are complex laws involved in Chicago discrimination cases, so you need to know how to respond appropriately. One wrong move can be detrimental to the company and can result in a costly lawsuit, among other damages. There’s a lot at stake, and you don’t want to take a risk, so seek legal help from a competent employment law attorney as soon as possible. - **Be respectful.** While you may be upset about the allegations, you owe it to the complaining employee to investigate the situation thoroughly. Therefore, you need to be calm and respectful during this time. Employees may be concerned about losing their job and other forms of retaliation. Acting angry and discriminating against the employee further will only make matters worse. Show understanding and concern for the employee. Even if you doubt the allegations are true, taking the concern seriously goes a long way in showing respect and this will undoubtedly help your side of the case. - **Investigate the complaint.** Even if you think there is no truth to the complaint, you need to investigate it thoroughly. You should start the process as soon as you can to show the complaining employee that you are taking the matter seriously. Ideally, you should have the company’s legal team or an independent lawyer take the appropriate steps to determine what happened and assess the situation. This includes interviewing everyone involved, reviewing any emails, texts, and other communications, and reviewing the personnel files of those involved. The process should be conducted fairly by a qualified investigator. - **Gather evidence.** The best defense is good evidence. If an applicant or employee is claiming that they did not get a job or was passed over for a promotion due to discrimination, show evidence that this is false. For example, was the poor performance a factor? Show evidence of performance reports and annual reviews showing this. Did you fail to hire a person because of what was in their background check? Have a copy of it readily available to show investigators. It’s always good to have some sort of paper trail to back up your claims. - **Cooperate with other agencies.** In a sex discrimination claim, the Equal Employment Opportunity Commission (EEOC) may get involved. So might other state and government agencies. Make sure your company cooperates and coordinates a response with your legal counsel. - **Take appropriate action.** Once you have researched the complaint, it’s time to take the next steps. These steps will depend on the outcome of the case. Was there sex discrimination? If it has been determined that a policy or law was violated, you will need to discipline the wrongdoer accordingly. If the incident was minor, then a warning or special training on the matter might be sufficient. In some cases, proper discipline may mean putting them on unpaid leave. In extreme cases, termination may be warranted. You may also want to consider other measures, such as allowing the victim to take paid time off as needed or altering work assignments so that the victim and harasser do not work together. **Contact Schaumburg Employment Discrimination Defense Lawyers** While a lot of sex discrimination does happen in the workplace, a lot of claims are unfounded. They may have been brought about by disgruntled applicants and employees who may have been passed over for a job or disciplined for poor work performance. As an employer, you need to fight these claims. The [Schaumburg employment discrimination defense attorneys](https://www.nslslaw.com/contact-us.html) at North Suburban Legal Services can assess your claim and help you gather the evidence you need to fight your claim. To schedule a free consultation, call our office at (312) 909-6089. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Employment Discrimination Defense Lawyers **Tags:** sex discrimination --- ### [What To Look For When You've Been Discriminated Against Due To Age](https://nslslaw.com/what-to-look-for-when-youve-been-discriminated-against-because-of-age/) **Published:** May 10, 2022 **Author:** admin **Content:** In a perfect world, we would be judged for our skills and experience, not our age. But the truth is that people are judged by their age every day, even in employment situations. It’s a catch-22. Employers want workers with a ton of experience, but they also want a young workforce. They can’t always have it both ways, and what usually happens is that younger employees get favored over the older ones. This is called age discrimination, and while younger workers may experience discrimination as well, the [Age Discrimination in Employment Act (ADEA)](https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967?msclkid=ba4e1226bad611eca7490c5de1c6088a) only protects those over the age of 40. Age discrimination has become more and more common in recent years as many Baby Boomers have returned to the workforce to earn more money in retirement. Make sure you are aware of the signs so you can file a claim against your employer, if necessary. Do you think you have faced discrimination in the workplace due to your age? If so, a [Schaumburg age discrimination lawyer](https://www.nslslaw.com/chicago-age-discrimination-lawyer.html) can assess your case. **What is Age Discrimination?** [Age discrimination in the workplace](https://www.eeoc.gov/age-discrimination) is against federal law. It refers to treating an applicant or employee differently because of their age. It is illegal to harass or discriminate against a person simply because they are older. The law protects those over the age of 40. It does not protect workers who are younger than 40. Discrimination can still occur if the harasser and victim are both over the age of 40. The law applies to companies with at least 20 employees, as well as employment agencies, labor organizations, and government agencies (local, state, and federal). It prohibits age discrimination in all aspects of employment, which may include hiring, firing, layoff, training, pay, benefits, and promotions. Protections also include: - **Job ads.** It is illegal to include age limits or preferences in job ads unless it is a “bona fide occupational qualification” to perform the job duty, but that is a very rare situation. - **Pre-employment inquiries.** While it is not illegal for an employer to ask a job applicant for their age or date of birth, such questions may deter older workers from applying for a job, so there must be a good reason to ask these questions. - **Apprenticeship programs.** Apprenticeship programs are not allowed to discriminate due to someone’s age unless the Equal Employment Opportunity Commission (EEOC) grants an exemption. **Examples of Age Discrimination** In the workplace, it can be hard to determine whether or not an action is age-related. Here are some common examples of age discrimination: - **Disproportionately hiring young employees.** Employees should be hired based on their skills and qualifications. Age should not be a factor, so when a company hires only workers of a certain age (such as under age 30), then that could be considered age-based discrimination. Employers may reject older candidates by stating that they are “overqualified.” - **Little opportunity for advancement.** If all the promotions are going to younger workers who have been at the company for a limited amount of time, then age could be at play. Unfortunately, promotions for workers over the age of 40 are hard to come by. - **Laying off only older workers.** When there is a need to reduce staff due to economic reasons, age should not be a factor. However, it is not uncommon for older workers to be targeted because they are often paid the most and have the best benefits. - **Workplace harassment.** All employees should feel welcome in the workplace. When supervisors or co-workers constantly harass and tease older employees, it can make them feel unwelcome. The harassment may become so pervasive that it becomes a hostile work environment, to the point where the older worker is forced to quit their job. - **False accusations.** Older employees are often falsely accused of poor performance or misconduct. This is likely because they are “old” and the employer is looking to get rid of them. **Signs That You Have Faced Discrimination** Do you think you might be a victim of age discrimination? Here are some ways to tell: - **Reassignment.** The ideal job would have you continue learning and growing. If you’re suddenly getting assigned to different jobs, it may be a sign that your employer wants you to quit. - **Only younger workers are getting hired.** Workplaces tend to have a culture, and for some, that culture may involve hiring young workers (under the age of 30) and getting rid of the older ones. This is a huge red flag. - **Cracks about your age.** If your boss suddenly starts making wisecracks about your age or playfully asks when you will retire, it’s likely he has your exit on his mind. Your employer is trying to get an idea of your future plans so they can determine their next steps to get you to leave. If you plan to stick around a while, make it known so that your boss isn’t trying to get you to retire before you’re ready. - **There are no more promotions or raises.** If you’re used to regular raises but they suddenly stop for no clear reason, then your boss may be giving pay increases to the younger workers. Similarly, if you got passed over for a promotion and it was given to a newbie who has been with the company for just a couple of months, then something is wrong. - **Your performance reviews have changed.** If you used to be the star employee but now the reviews show that you’re less than stellar, and you’re not given a good reason why something is amiss. Your boss may be trying to find ways to get rid of you. This is a serious issue, so start compiling evidence and hire a lawyer right away. **Contact an Age Discrimination Lawyer in Schaumburg** Age discrimination can be hurtful, especially when it comes to employment. Many employers favor younger workers, even though older workers are very beneficial to companies due to their skills and life experience. Get help from an age discrimination lawyer in Schaumburg. The team at North Suburban Legal Services can help you understand the rights and protections that you have. Call (312) 909-6089 to [schedule a free consultation](https://www.nslslaw.com/contact-us.html). ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Employment Attorney **Tags:** age discrimination --- ### [Can My Employer Fire Me Over Political Differences?](https://nslslaw.com/can-my-employer-fire-me-over-political-differences/) **Published:** April 19, 2022 **Author:** admin **Content:** You and your employer argue constantly over politics. Your co-worker is a Republican, but you are a staunch Democrat. You refuse to sign a political initiative that is circulating in the office. You write a political blog in your free time. You see a job ad that asks for applicants to be conservatives because it states that liberals lack logic, reasoning, and reading comprehension skills. These are issues that Illinois residents may experience in their workplace or while applying for jobs. You may think that these and other political views constitute discrimination and may be covered under laws and rights such as the First Amendment or [Title VII of the Civil Rights Act of 1964](http://www.eeoc.gov/laws/statutes/titlevii.cfm). However, the protections outlined in the First Amendment do not apply to private employment. Also, Title VII of the Civil Rights Act of 1964 outlaws discrimination based on protected classes. Under the law, employers cannot discriminate against job applicants and employees based on race, age, color, religion, sexual orientation, pregnancy status, and disability. Employers also cannot retaliate against employees or applicants who assert their rights under the law and act as whistleblowers who expose an employer’s wrongdoing. Title VII prohibits discrimination in all aspects of employment, including hiring, compensation, benefits, firing, discipline, and promotions. Political beliefs and affiliations are not protected classes and are therefore not covered under Title VII. Plus, most states follow “at-will” laws, meaning that an employer can lay off an employee at any time and for any reason at long as there is no discrimination or retaliation involved. Conversely, employees can quit their job at any time, without notice. What this means is that, to a large extent, private employers can legally discriminate against employees and job applicants based on political beliefs and activities outside of work. Public employees typically have more First Amendment rights in regards to political activity protections. However, government employees are not granted full protections and could still be disciplined or even fired for their political behavior, particularly if it occurs at the workplace during working hours and affects their work performance. So if you believe you have experienced wrongful termination due to politics, there may not be much you can do legally. However, you may still want to seek legal help to understand what rights you may have. Contact [Schaumburg employment rights lawyers](https://www.nslslaw.com/practice-areas/employment.html) for help with your case. ## State Laws That Apply While there is no federal law that applies to political differences and their effect on employment, some states have laws that prohibit discrimination based on political activity. The laws include the following: - Colorado, Utah, and North Dakota prohibit discrimination based on “lawful conduct outside of work.” - Connecticut prohibits discrimination based on First Amendment guarantees for both public and private employers, as long as the political activity does not interfere with the employee’s job performance. - New York makes it illegal for employers to discriminate against employees for “recreational activities” that they engage in outside of work such as discussing politics at a social event. - Employers are prohibited from retaliating against employees for engaging in “political activities” in states such as California, Nevada, Colorado, Utah, Louisiana, Minnesota, South Carolina, Nebraska, Missouri, and West Virginia, as well as Madison, Wisconsin, and Seattle, Washington. However, each state varies in terms of what types of conduct and activities are considered political. - In Oregon, Louisiana, and Massachusetts, it is illegal to discriminate against employees based solely on political campaign contributions. - It is illegal for employers to discriminate against employees based on party membership in Utah, Iowa, and Louisiana, as well as Washington D.C., Broward County, Florida, Urbana, Illinois, Puerto Rico, and the Virgin Islands. - New York, Illinois, and Washington prohibit employers from discriminating against employees for election-related political activities. - In Arizona, Oregon, Iowa, Washington D.C., Georgia, Minnesota, Missouri, and Ohio, employers are prohibited from discriminating against employees who have signed recalls, initiatives, referendums, or candidate petitions. - New Mexico makes it illegal for employers to discriminate against workers based on “political opinions.” - Montana is the only state that is not “at-will,” meaning employers cannot fire workers without good cause. The good cause must be job-related, so it would be illegal to fire someone because of their political activities. ## What Can I Do? Since politics are not a protected class under federal law, any discrimination claims would have to come about based on state law. In Illinois, for example, an employer technically has the legal right to fire an employer over political differences except in the following cases: - In Illinois, employers are prohibited from discriminating against employees for election-related political activities. - It is illegal for employers to discriminate against employees based on party membership in Urbana, Illinois. If either of the above applies to you, you can file a discrimination claim with the Illinois Department of Human Rights. If you receive a notice that there was substantial evidence for your claim or that it could not be resolved, then you have 90 days to file a civil action lawsuit. Under the Illinois Human Rights Act, you can opt to file your civil action in a circuit court where the discrimination occurred, as long as it follows the Illinois Code of Civil Procedure. A civil action suit must be filed within 90 days of receipt of the IDHR Director’s notice that there was substantial evidence for your claim or that your claim could not be resolved. Since employment discrimination law can be complex, it’s a good idea to contact an employment law attorney who can assess your case and inform you of your legal rights. Do not try to handle such a case on your own. ## Contact Schaumburg Employment Rights Attorneys If you have been let go from your job over political differences or other issues, you may wonder if it can be considered wrongful termination. Federal and state laws may not protect you, depending on the circumstances. The [Schaumburg employment rights attorneys](https://www.nslslaw.com/practice-areas/employment.html) at North Suburban Legal Services can assess your claim and help you understand the law. To schedule a free consultation, please call (312) 313-4038. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Unemployment Defense Lawyer **Tags:** wrongful termination --- ### [Overview of The Americans With Disabilities Act](https://nslslaw.com/overview-of-the-americans-with-disabilities-act/) **Published:** April 5, 2022 **Author:** admin **Content:** These rights are guaranteed at the national level under the [Americans with Disabilities Act (ADA)](https://adata.org/factsheet/ADA-overview), which became law in 1990. The ADA is a civil rights law that prohibits discrimination against those with disabilities. When it comes to employment, disabled people have the right to receive reasonable accommodations so they have the opportunity to work and perform their job duties to the best of their abilities. The Americans With Disabilities Act is enforced by the U.S. Equal Employment Opportunity Commission (EEOC). The agency makes it illegal for the following employers to engage in job discrimination: - State and local governments - Private employers - Employment agencies - Labor organizations and labor-management committees Those with disabilities are often treated as second-class citizens, but they actually have civil rights that protect them in various aspects of life, including employment, schools, jobs, and transportation. If you are disabled and working or looking for a job, read on to understand employers’ obligations to you. Seek legal help from the [ADA lawyers in Schaumburg](https://www.nslslaw.com/practice-areas/employment.html) at North Suburban Legal Services. **What Is The Americans With Disabilities Act?** The Americans With Disabilities Act applies to employers with at least 15 employees and offers the following: - It defines disability, addresses medical examinations, and establishes guidelines and processes for reasonable accommodations. - It offers disabled people the same employment opportunities that people without disabilities receive. - It requires employers to provide reasonable accommodations to disabled job applicants and employees. **What Does The Americans With Disabilities Act Cover?** The ADA makes it illegal for employers to discriminate against employees and job applicants in all employment practices. This law covers the following: 1. Recruitment 2. Firing 3. Hiring 4. Training 5. Pay 6. Benefits 7. Job assignments 8. Promotions 9. Layoffs and terminations 10. Time off/leave The ADA also makes it illegal for an employer to retaliate against you for asserting your rights under whistleblower laws, such as reporting violations of workplace health and safety, finances, and taxes. The ADA also protects those who face discrimination because they are associated with someone who has a disability. **What Must Employers Do To Comply With The Americans With Disabilities Act?** The Americans with Disabilities Act requires that employers provide reasonable accommodations for employees and applicants. A reasonable accommodation typically refers to a modification or adjustment to a job or work environment. It could also mean a change to the hiring processes in order to accommodate a job applicant so that they have an equal opportunity to get a job. So when are reasonable accommodations required? The ADA requires them in three aspects of employment: 1. Ensuring equal opportunity for all applicants, regardless of disability, during the application process 2. Enabling a qualified disabled person to perform the essential functions of a job 3. Allowing a disabled employee to enjoy equal employment benefits Reasonable accommodations may be viewed as “special treatment” by employers or a disabled person’s co-workers. Instead, they should be treated as “productivity enhancers,” as they provide assistance to a disabled employee, which then benefits all employees. For example, enhancements such as wheelchair ramps, accessible restrooms, and ergonomic workstations can benefit everyone. Reasonable accommodations often cost very little and involve minor changes to a work environment. They may include a variety of improvements and modifications, such as: - Making existing facilities accessible - Modified work schedules - Job restructuring - Equipment modifications - Making changes to tests or policies - Providing qualified readers or interpreters **More specifically, they may include the following:** - Installing a ramp - Modifying a restroom - Modifying a workspace - Modifying a policy to allow a service animal - Allowing for assistive technologies - Providing screen reader software - Using videophones to communicate with deaf workers - Providing sign language interpreters or closed captioning at meetings - Providing materials in Braille or large print - Adjusting work schedules to allow for employees with chronic medical conditions to attend medical appointments **What Employers Cannot Do** When applying for a job, an employer is allowed to ask if you can perform the job duties with or without reasonable accommodation. However, an employer is not legally allowed to ask you if you are disabled or how severely you are disabled. An employer also cannot require that you take a medical examination before receiving a job offer. If you have a disability, the employer cannot refuse to hire you if you require a reasonable accommodation to perform the job’s essential functions. Once you have been hired, your employer cannot require a medical examination or ask questions about your disability unless they are specifically job-related. **What is an Undue Hardship?** An undue hardship refers to an accommodation that is not reasonable and would result in too much difficulty or expense. This varies based on the accommodation and the size of the business. A larger company would be in a better position to provide accommodations for disabled employees. If it is determined that a particular accommodation would be an undue hardship, the employer must make other arrangements. They should try to find another accommodation that will not pose a hardship. Also, if an accommodation is considered to be an undue hardship, the disabled person should be informed so they can opt to pay for the cost of implementing the accommodation. **How To File a Discrimination Claim** If you have faced discrimination in the workplace due to a disability, you need to contact the EEOC to file a claim. In Illinois, you have up to 300 days to file a charge. Protect your rights by contacting the EEOC as soon as possible. You can file a charge by contacting any EEOC field office, located in various cities throughout the United States. If it can be proven that you faced discrimination by your employer, you are entitled to remedies such as hiring, promotion, reinstatement, or reasonable accommodation. You may also be entitled to financial remedies such as back pay and attorney fees. **Contact ADA Lawyers in Schaumburg** Employers need to be aware of laws that affect how they hire and fire workers. Discriminating against someone with disabilities is not allowed under the Americans with Disabilities Act. If you are dealing with disability discrimination in the workplace, North Suburban Legal Services can help. Our [Chicago disability discrimination lawyers](https://www.nslslaw.com/chicago-disability-discrimination-lawyers.html) can help you with your employment law claim and help you seek justice. Schedule a free consultation today. Contact us by calling (312) 313-4038. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Business Lawyer, Employment Attorney **Tags:** ADA, Americans With Disabilities Act --- ### [How Do I Know If I Have a Sex Discrimination Claim?](https://nslslaw.com/how-do-i-know-if-i-have-a-sex-discrimination-claim/) **Published:** March 18, 2022 **Author:** admin **Content:** Showing up to work every day can be an extremely stressful and difficult task if the work environment is toxic and abusive, especially if you experience sex discrimination. If you are being unfairly treated because of your sex, this can cause you quite a bit of internal turmoil and prevent you from being able to perform in your role at the highest professional levels. While you want to do your best at work, it can be incredibly hard when you are being discriminated against. If you work in or around the greater Chicago area and you believe that you have been the victim of gender-based discrimination, then it could be worthwhile to take your case to an experienced Chicago sex discrimination attorney. At North Suburban Legal Services, you can meet with a seasoned legal professional that can examine your situation and advise you of your best legal options to respond. **What is Sex Discrimination?** According to the United States Equal Employment Opportunity Commission, sex discrimination happens when a person is being given unfavorable treatment based on their gender, their sexual orientation, their gender identity, or when pregnancy exists. The laws are clear when it comes to discrimination. This type of behavior is unlawful. In terms of employment, discrimination in any form is not tolerated and if it exists, employers can face penalties. All operations within a company or organization should be free from prejudice. This means that an employee’s ability to have access to training, benefits, pay increases, professional opportunities, hiring, and more is forbidden to be limited by discrimination. Any employee can be subject to sex discrimination, men, women, and people in the LGBTQ+ community. But, a report by the Pew Research Center indicates that in the United States, 42% of working [women were the victim of gender-based discrimination](https://www.pewresearch.org/fact-tank/2017/12/14/gender-discrimination-comes-in-many-forms-for-todays-working-women/). The report highlighted several forms of sex discrimination that women suffered. Two examples include being paid less than their male counterparts in the same professional roles and not being given consideration for meaningful professional opportunities. **Steps to Take If You Believe You Have Been the Victim of Sexual Discrimination** If you are not being fairly treated at your place of employment and you think that what you are experiencing is because of your gender, then you could be the victim of sex discrimination. Talking to an experienced Shaumberg sex discrimination lawyer at North Suburban Legal Services is one way to have your situation examined and to obtain valuable feedback about what you can do. The more documentation that you have on your side will only benefit your case. So, the following actions can prove to be very helpful for you to support your discrimination allegations: - Think about when the discrimination happened and write down all of the details of how it transpired. Make sure that you have the date and time the incident took place, the names of the people who were involved, what was said, and any other relevant information pertaining to the incident. - If you have emails, texts, phone messages, screenshots, or other physical evidence and information about the discrimination event make sure to save it all and make copies so you do not lose anything. - Write down the physical, emotional, and professional impact that the discrimination event had on you. - If there were residual damages like financial burdens you suffered because of your discrimination event, make sure to keep any receipts showing those costs. For example, if you were let go and you had to take on the extra expenses of driving to and from interviews. Or, maybe the incident was so egregious and shocking it caused you to develop mental health issues like depression and you had to pay for medication and for sessions with a psychiatrist. - If any other person witnessed what happened to you, heard about what took place, or you had discussions about your treatment with a colleague that is sympathetic to your cause you can see if they would be willing to be named in your claim. - If there are other examples with other employees where potential sex discrimination took place these should be documented and those individuals may also be willing to work with you. - Get a copy of the employee handbook to see if there are guidelines regarding procedures and policies that your company follows. Also, a copy of your employment contract can be useful. - If there were more than one occasion where you were discriminated against, take the same steps in documenting the incident and gathering supporting information. It is critical to the outcome of your case that you have as much supporting evidence as possible. It is also essential that you have qualified and knowledgeable legal counsel on your side representing your best interests. **Making A Complaint** Once you have all of the appropriate materials you can look over everything and determine if what you collected is strong enough to show that you have a valid case for making a complaint of sex discrimination. If your evidence is solid, it will be able to support your position that you have been the victim of discrimination on the job. Then, you can speak to your employer about the incident and your concerns. When you do meet with your employer, make sure to also keep records on how that interaction went and what the resolution was. Perhaps your employer will understand your concerns and be able to address them fittingly. Perhaps not. But, at least at this point, you have gone through each step of the process properly. If you are not satisfied with the result a Chicago sex discrimination attorney at North Suburban Legal Services can advise you of your rights and may be able to help you secure the most favorable outcome. **Speak To A Chicago Sexual Discrimination Attorney Today** When you make a claim against your employer regarding the issue of sex discrimination against you, your employer can really give any reason for why they behaved the way they did. The court will determine if their reason is legitimate or not and if it was discriminatory or not. The [Chicago anti-discrimination lawyers](https://www.nslslaw.com/contact-us.html) at North Suburban Legal Services are here to help when you need assistance with your workplace sex discrimination case. Call today to schedule a free consultation at (312) 909-6089. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Employment Attorney **Tags:** sex discrimination --- ### [How to Prove Disability Discrimination](https://nslslaw.com/how-to-prove-disability-discrimination/) **Published:** March 9, 2022 **Author:** admin **Content:** People have a right to secure employment that treats them with dignity, respect, and equal access to opportunities. But this is not always the case for every individual. Discrimination happens and this could occur because of one’s gender, disability, race, or religion, for example. It is not just a right, though, to be treated fairly. This truth is protected under the law. The [Americans with Disabilities Act is a federal civil rights law](https://beta.ada.gov/topics/intro-to-ada/) whose protections apply to all disabled individuals. It is forbidden, under the terms of the law, to discriminate against disabled people in school, at work, using transportation and telecommunications, and in all other aspects of life. While the United States Bureau of Labor Statistics reports that 17.9% of disabled people across the country were employed in 2020, that does not mean that discrimination against these individuals does not happen. If you suffered discrimination that you believe happened because of your disability, then the Chicago disability discrimination attorneys at North Suburban Legal Services are here for you to review your case and provide you with strategic legal guidance. **How Does The ADA Define People With Disabilities?** According to the ADA, a person can be deemed disabled if they have a physical or mental condition that limits their ability to fully engage in all of the major life activities. Major life activities essentially define everyday practices that people do to function in life and to stay alive. So, eating, sleeping, drinking, being able to see or hear, bathing, and much more could be examples of major life activities. Additionally, if a person had a prior disability like would be the case for a cancer patient that is in remission, they can be considered disabled. Also, the way a person is perceived by others could allow the individual to be given the classification of disabled. In specific, the ADA itself uses the example of a person that has suffered major scarring after a burn incident. **What Rights Do Disabled People Have?** Through the safeguards of the ADA, people that are disabled have greater access and rights to the same opportunities that all other people have. This includes using their qualifications to be recruited to various jobs and to excel in those positions. To do so, it may mean that an employer would have to make certain accommodations to assist a disabled employee to those opportunities. The ADA makes it possible that disabled people can make reasonable requests for accommodations and in most cases, employers must honor these appeals for support. The job a person is performing and how their disability affects them will be critical to determine what reasonable accommodation may be. Accommodations that may be asked for could include installing ramps for wheelchairs, having sign language interpreters in a meeting for deaf individuals, making specific parking spots available for the disabled person, or putting grab bars in the company’s bathrooms. These are just some examples. Because accommodations can be so individualized there is the potential that a business will not be able to offer the provisions. When this happens, it is possible that the business will not be in violation of the ADA for being unable to make the accommodations for the disabled party. In these cases, accommodations that can cause “undue hardships” for the business would not have to be honored by business owners. Typically, if an accommodation would be too costly for a business or if it would be very difficult to manage, then the business may not accommodate. And, they would be in their right not to do so. **Showing Disability Discrimination Took Place** Knowing what a disabled person is, what rights they have to accommodations, and their protections under the ADA, what happens when disability discrimination takes place? If you are the recipient of unfair treatment because of your disability, then it is dependent upon you to make your case and show that discrimination took place. It is important to lay the groundwork for a disability discrimination claim. The first thing that you must do in a disability discrimination case is to prove that you are disabled. Then, you have to show that the position you are applying for or that you hold is one that you are qualified for regardless of additional accommodations. If you can establish all of these essential details, then you can start collecting evidence to show your side of the story. You may have been discriminated against if you were unlawfully denied an accommodation that your employer could meet. Or, maybe, you were overlooked for a promotion to a position that you had all of the skills to fulfill because of your disability. **Consider the following types of disability discrimination scenarios that could take place:** - Your accommodation requests were valid and your employer did not respond to your request or they outright refused to comply with them. Keep all documentation that shows you followed proper procedures for making your request and that it is indeed reasonable. If you are asking for outrageous modifications and overly expensive improvements, you may not have the strongest case. - Every time you are belittled or demeaned for your disability you should document it. Write down the names of the parties, the dates and times when a coworker harassed you along with what they said. If you have other colleagues that have seen this happen to you speaking to them about providing statements to what they witnessed can also support your harassment claim. Anything in writing can substantially support your claim, so texts, emails, screenshots, and the like are all worth saving when they show harassment. - If you were asked to take extra medical examinations to determine if a disability exists or if you were probed about your disability during an interview, then writing down what happened at your interview can be grounds for a claim. - If you filed a disability discrimination claim against your employer and then your employer reacts maliciously and unreasonably towards you like keeping you from promotions or raises, for instance, you can document all of this and show violations of the ADA and Title VII of the Civil Rights Act took place. **Speak With A Chicago Disability Discrimination Attorney Today** Statistically, when claimants that file civil suits against parties that have caused them harm are armed with skilled legal counsel, they increase the chances that the outcome of their case is the most favorable for their interests. If you would like to discuss your disability discrimination experience with a [Chicago disability discrimination attorney](https://www.nslslaw.com/chicago-disability-discrimination-lawyers.html) at North Suburban Legal Services, please call (312) 909-6089 today to schedule a free consultation. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Employment Attorney **Tags:** disability discrimination --- ### [Disability Discrimination in the Workplace: What You Need to Know](https://nslslaw.com/disability-discrimination-in-the-workplace-what-you-need-to-know/) **Published:** February 21, 2022 **Author:** admin **Content:** Having a disability does not always mean sustaining gainful employment is impossible. In fact, many people who have various disabilities are employed and thrive at their job. Also, there are vast many numbers of employers that work diligently to assist disabled workers in excelling and being successful in their roles. In 2020, the United States Department of Labor reported that 17.9 percent of people who have an established disability were employed throughout the country. Still, this in no way means every disabled American is given the accommodations and respect they deserve. Workplace disability discrimination does happen. In any form, discrimination should not be tolerated, and it is also unlawful. As a business owner, the goal should always be to keep the workplace safe for all employees. However, that does not mean a business will be successful in this endeavor and as a result, there may be allegations of discrimination taking place. When this happens, the way a business responds is critical. If you work in the greater Chicago area and you are being subjected to disability discrimination in the workplace, understanding your rights can help you better remedy your situation. To learn more about your options for taking legal action, speaking with a [Chicago disability discrimination lawyer](https://www.nslslaw.com/practice-areas/business.html) at North suburban Legal Services can be incredibly beneficial. **What is Considered a Disability?** [The Americans with Disabilities Act](https://beta.ada.gov/topics/intro-to-ada/) is meant to protect individuals that have disabilities from being discriminated against. As a federal civil rights law, the ADA applies to all disabled workers in the state of Illinois and across the country. Through the ADA, people that have disabilities must have access to the same opportunities other people without disabilities have. This includes professional opportunities. According to the ADA, a person will be considered disabled if any of the following are true: - A physical or mental condition greatly impacts a person’s ability to engage in at least one major life activity - A history of having a major impairment - An obvious impairment that others view as a disability When assessing a major life activity, the ADA explains these are any of the normal daily activities that most people do as a part of living life and sustaining it. Some examples include, but are not limited to: - Eating - Sleeping - Movement - Speaking - Seeing/vision - Hearing Some types of disabilities are identifiable and visible. Other times, a disability may be present, but it is not as easily noticed. While the number of disabilities is vast, a few examples of impairments include autism, diabetes, cancer, blindness, and hearing loss. **Reasonable Accommodations by Employers** In the state of [Illinois, the Interagency Committee on Employees with Disabilities](https://www2.illinois.gov/sites/iced/rights/Pages/Your-Right.aspx#:~:text=The%20Federal%20Americans%20with%20Disabilities%20Act%20and%20the,of%20otherwise%20qualified%20applicants%20and%20employees%20with%20disabilities.) describes disabled employee rights. People that have a disability have the right to speak with their employer about obtaining reasonable accommodations for their job. A prospective employee applying for a job that has a disability can also request the same accommodation considerations to work through the application process. Together, the ADA and the Illinois Human Rights Act make it unlawful for employers to discriminate against disabled employees and prospective employees who are qualified applicants for an open position. Additionally, employers must respect requests for accommodations based on their employee or prospective employee’s condition. Essentially, this means, that where a job is done, the job’s work schedule or the job process can be all modified to support a qualified person’s ability to perform in the role. The way an employer accommodates an employee largely will depend on the disability that exists and the type of job to be done. So, if a person who is deaf meets all requirements of a job posting and is given an interview, a reasonable accommodation may be requested by the deaf applicant could be to have a sign language interpreter present when the interview takes place. **What Rights Do Employers Have with Making Accommodations for Disabled Employees?** The scope of the requirement that exists for employers to assist disabled employees through accommodations is quite expansive because of the many variables that exist. But, when an accommodation presents what is considered an “undue hardship” for an employer, they can opt-out of making modifications. In this situation, the requirement for providing accommodations is lifted. When determining if an undue hardship exists, there are several factors to look at. Both the size of the business and the cost of the accommodation can be considered. Under the ADA, Title I with respect to employment it says companies who have at least 15 employees have a general requirement to offer equal opportunities including hiring, promotions, training, pay, social activities, and recruitment to people with disabilities. **Undue Hardships** In some situations, it is clear when an undue hardship to a business exists. Other times, it may not be as straightforward and may need some more examination. Typically, though, when an accommodation is going to be incredibly difficult for an employer to meet or too expensive to pay for, the employer may have a situation where undue hardship is present. When cost is the limiting factor for providing accommodations, an employer may give the decision of paying for the accommodation to the disabled employee. In this case, the employee can determine if it is worth paying for the assistance to perform the specific job. The ADA is protective of disabled worker rights. But it also has protections for businesses, too. Allowing for undue hardships keeps businesses from suffering penalties when they cannot meet certain aspects of discrimination laws. It can be difficult navigating the law as an employee and understanding your rights and responsibilities. The same can be true for employers when it comes to abiding by the law. Consulting with professional legal counsel can help an employee get a clearer picture of the safeguards that are in place to protect them, and for employers, the obligations that exist. The [Schaumberg employment lawyers](https://www.nslslaw.com/practice-areas/employment.html) at North Suburban Legal Services are here for businesses and employees and are always prepared to answer any questions about employment law. **Speak with a Schaumberg Business Attorney Today** The [Schaumburg business litigation attorneys](https://www.nslslaw.com/contact-us.html) at North Suburban Legal Services, LLC are dedicated to fostering long-term relationships with business owners in the greater Chicago area and supporting the rights of employees. North Suburban Legal Services offers business owners and employees a wide variety of legal services to help each party meet their objectives. To learn more, please call today to schedule a free consultation at (312) 909-6089. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Disability Discrimination **Tags:** disability discrimination --- ### [I Was Fired for Trying to Unionize Can I File a Claim for Wrongful Termination?](https://nslslaw.com/i-was-fired-for-trying-to-unionize-can-i-file-a-claim-for-wrongful-termination/) **Published:** February 7, 2022 **Author:** admin **Content:** Throughout the 20th century, workers in the United States fought for job protection, safety regulations, higher wages, and benefits through unionizing. Because of unions, the average factory, warehouse, or manufacturing job went from sweatshop labor to highly coveted, well-paid positions that could comfortably support a family. But, over the last three or four decades, unions have weakened and wages have shrunk. It makes sense that workers are talking about unionizing once again. As a result, employers are cracking down on union discussions considering they would have to pay higher wages if such talks proved fruitful. However, if you were fired for trying to unionize, your employer may have broken the law. **Recent Examples of High Profile Wrongful Terminations for Unionizing** There have been numerous high-profile incidents involving unsafe working conditions and other employer wrongdoing during the COVID-19 pandemic. Some employees have sought to form unions. Some have been successful, while others have failed, in large part due to likely [wrongful termination](https://www.nytimes.com/2020/04/28/business/coronavirus-unions-layoffs.html). Workers attempting to unionize at an Amazon warehouse in Staten Island is one example. Louisville employees at Trader Joe’s, truck drivers of Cort Furniture Rental, and North Carolina Nurses at Mission Hospital are other illustrations. The National Labor Relations Act bars employers from taking certain actions against unionized employees, and those wishing to unionize. **Your Rights Under the National Labor Relations Act** The [National Labor Relations Act](https://www.dol.gov/sites/dolgov/files/olms/regs/compliance/eo_posters/employeerightsposter11x17_2019final.pdf) grants employees the following rights: - Organize a union - Join, assist, or form a union - Bargain collectively - Discuss terms of employment or union organizing with co-workers - Take action to unionize with co-workers - Strike and picket under certain circumstances The NLRA protects employees from engaging in these actions and more. **Your Employer Cannot Take Any of the Following Actions Under the NLRA** Under the NLRA, your employer is barred from taking the following actions: - Prohibiting employees from soliciting a union during non-work hours (including before or after work, or during lunch or rest breaks). - Terminating you or taking other adverse employment actions against you because you joined a union or attempted to unionize. - Spy or videotape peaceful union activities. - Threaten to close the workplace if workers attempt to unionize. **The PRO Act is Unlikely to Pass Through the Senate** There are weak points in the current law under the NLRA that employers use to weaken unions, stomp them out before they begin, or otherwise undermine an employee’s rights. Some of these include banning employers from interfering in union elections or using an employee’s immigration statutes as a bargaining chip to decide the terms of their employment. The [Protecting the Right to Organize Act](https://www.help.senate.gov/imo/media/doc/PRO%20Act%20Fact%20Sheet%202019%20FINAL1.pdf) (PRO Act) would put a stop to these loopholes used by employers and further protect employees such as yourself. While the bill has passed the House, it is unlikely to pass through the Senate and become law. **Call a Chicago Wrongful Termination Attorney Today** Unfortunately, there are some circumstances in which an employer does have the right to fire an employee for attempting to unionize. For example, they may fire an employee who passes out union material to others during working hours. Even if you did not do this during working hours, your employer may claim that you did, and it can be hard to prove otherwise. A [Chicago wrongful termination attorney](https://www.nslslaw.com/contact-us.html) can help prove that you did nothing wrong, and hold your employer accountable for their unlawful action against you. Call the North Suburban Legal Services, LLC at 312-909-6089 to schedule a free consultation today. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Wrongful Termination Attorney **Tags:** wrongful termination --- ### [What Can I Do If My Unemployment Claim is Denied?](https://nslslaw.com/what-can-i-do-if-my-unemployment-claim-is-denied/) **Published:** January 27, 2022 **Author:** admin **Content:** A temporary employee voluntarily quit without notice to the employer, they simply stopped showing up. Two weeks later, the former employee filed an unemployment claim with the Illinois Department of Employment Security. In their claim, the former employee alleged they were fired without cause and are therefore entitled to [unemployment benefits](https://ides.illinois.gov/unemployment.html). Even after the employer contacted the IDES, officials indicated the employers’ claim to refute payment of benefits was denied. What recourse do Chicago employers have if an unemployment claim is fraudulently filed against their business? **Can Employers Appeal an Unemployment Claim?** A former worker must file a petition to receive benefits from the IDES. The employer is notified, and at that point, they may choose to contest the claim. If an employee was fired for misconduct, or if they voluntarily quit, they are ineligible for benefits. The employer only has 10 days from receipt of notice to contest the petition, otherwise, benefits are automatically approved for the former worker. If the [employer contests the unemployment claim](https://www.nslslaw.com/practice-areas/business.html), an IDES caseworker is assigned to the petition. The caseworker will usually interview both parties and then make an objective decision to award or deny benefits. Once that decision is rendered, either party can appeal it. This means if the caseworker approved a worker’s unemployment claim (despite proof that the employee quit voluntarily), the employer can appeal that decision. **Understanding the Unemployment Claim Appellate Process** The aggrieved party only has 30 days from receipt of the letter of determination to file an appeal. They must file a [Request for Reconsideration of Claim Adjudicator’s Determination](https://ides.illinois.gov/content/dam/soi/en/web/ides/ides_forms_and_publications/ADJ024FC.pdf). The letter should contain the rationale for why the party believes a mistake is made. Appeals are forwarded to the appeals division and a hearing date is assigned, where an administrative law judge (ALJ) will preside. Any documentation the party wishes to admit as an evidence exhibit must be provided to the ALJ in advance of the hearing to be reviewed. If it is not received it can not be relied upon at the hearing. The administrative law judge will issue a decision. Prior to the hearing, an IDES referee may seek the sworn testimony of both parties. If one of the parties disagrees with the ALJ’s decision, they can [file an appeal with the IDES Board of Review](https://ides.illinois.gov/unemployment/appeals.html). The appellant has 30 days to file an appeal. The Board of Review will usually make a decision without scheduling another hearing, instead of relying on testimony and evidence elicited in the prior hearing. If either party disagrees with the decision of the Board of Review, they must then appeal it to the circuit court of jurisdiction (usually the county in which the employer is located). If an employer loses an appeal to deny benefits for the former worker, there are consequences. The employee’s benefits are then paid directly out of the employer’s unemployment insurance account, and the employer’s insurance rates may substantially increase. For this reason, it is crucial that [employers contesting a Chicago unemployment claim](https://www.nslslaw.com/practice-areas/employment.html) consult with an experienced unemployment law firm. **Call Chicago Unemployment Defense Attorneys at North Suburban Legal Services** If a former employee applied for unemployment benefits despite being terminated with cause, or if they voluntarily quit, you do have options. Even if your claim has been denied, you do have recourse. The [Chicago employment defense lawyers](https://www.nslslaw.com/practice-areas/employment.html) at North Suburban Legal Services can help you file an appeal. We specialize in all facets of employment law, including the defense of unemployment claims, and we serve clients throughout Cook County. Call today to schedule a consultation at 312-909-6089. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Business Lawyer, Unemployment Defense Lawyer **Tags:** unemployment --- ### [How Does the Illinois Wage Payment and Collection Act Affect Chicago Employers?](https://nslslaw.com/how-does-the-illinois-wage-payment-and-collection-act-affect-chicago-employers/) **Published:** December 27, 2021 **Author:** admin **Content:** Businesses and employers of all sizes know employer taxes are mandatory in Illinois, just like workers’ compensation coverage. But how do you know what to pay and how often? Do you pay additionally if a former employee files an unemployment claim with the State? How will new updates to the [Illinois Wage Payment and Collection Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2402&ChapterID=68) affect Chicago employers? Our latest blog post provides guidance to employers regarding the enforcement of the statute. **What is the Illinois Wage Payment and Collection Act?** The Illinois Wage Payment and Collection Act is a statute governing employment law and the administration of unemployment benefits in Illinois. It contains provisions regarding: - What parties are covered under unemployment - What employers must do to comply with the act - What parties are deemed an employe - How unemployment wages should be deducted from gross pay It also explains the role of the Illinois Department of Labor and how potential violations of the Act are investigated. Finally, the Wage Payment and Collection Act contains provisions regarding remedies to employees for unpaid wages. In the previous legislative session, the Illinois Legislature passed an amendment to the Illinois Wage Payment and Collection Act (“IWPCA”) that doubles the amount an aggrieved employee can recover from an employer in a wage violation claim. Employers who fail to pay earned wages biweekly to covered employees, or fail to make a final payment to a former employee within one pay period can now be assessed statutory penalties. These punishments can be up to five percent a month, an increase from the previous two percent a month. Even if a wage dispute has entered litigation, the employer can still be assessed penalties throughout the life of the lawsuit. This new amendment increases potential liability for employers. **What are Your Next Steps in an Unemployment Wage Dispute?** If a former or current employee has filed a wage claim against your Chicago business, you should contact an [Illinois business unemployment lawyer](https://www.nslslaw.com/practice-areas/employment.html) as soon as possible. Because your business could be assessed penalties in the interim, the sooner an experienced lawyer can review your case, the better. The IWPCA has enhanced protections for employees while increasing unemployment premiums for law-abiding businesses. Businesses that do not comply with the statute or allegedly fail to pay wages timely or at all could be subject to criminal penalties. A former employee who successfully brings a wage claim against an employer could also be awarded attorney’s fees from the defendant’s business. The stakes could not be higher. Employers should review their employment agreements and wage practices to determine if they are in compliance with the statute and to reduce potential liability. Our attorneys at North Suburban Legal Services can assist in active unemployment litigation and help bolster a business from potential future liability. **Contact Chicago Unemployment Dispute Attorneys at North Suburban Legal Services, LLC** If your former employee has filed an unemployment claim and they voluntarily resigned, or if you believe a false unemployment claim has been made against your business, it is crucial you contact an experienced [Illinois unemployment attorney](https://www.nslslaw.com/contact-us.html) as soon as possible. Our lawyers at North Suburban Legal Services offer expertise in the areas of tax, business, and unemployment law and help businesses and corporations navigate unemployment disputes. We offer tailored advice to each client based on their unique circumstances and serve businesses throughout Greater Chicago. Call today to schedule a comprehensive case evaluation. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Unemployment Dispute Attorneys **Tags:** employment law --- ### [Common Tax Crimes and How to Defend Tax Crime Charges in Illinois](https://nslslaw.com/common-tax-crimes-and-how-to-defend-tax-crime-charges-in-illinois/) **Published:** November 29, 2021 **Author:** admin **Content:** Angela started a small business from her home selling ceramics and housewares she makes herself. She hired an assistant to help her with shipping, packaging, and customer relations. She primarily sells items at local craft markets and with online retailers for a discount. She agreed to pay her assistant, Kelsey, cash wages because Kelsey does not have I-9 documentation. Angela has not claimed Kelsey as an employee on her taxes, is not paying into workers’ compensation insurance, and offer’s Kelsey no benefits. After an IRS audit two years later, it is uncovered that Angela made several crucial mistakes. Namely, by failing to pay employer payroll taxes and failing to properly include sales tax in the items she sold online. Now she is facing criminal tax charges and possible time in prison if convicted. What are her options? **What are some examples of tax crimes?** Tax fraud and tax evasion are similar [tax crimes](https://www2.illinois.gov/rev/Pages/default.aspx) both relating to the avoidance or strategic, but illegal, planning to reduce or refrain from paying taxes on a state or federal basis. An example of tax fraud is filing a false or incorrect tax return without the intent of passing the return as legitimate. An example of tax evasion is underreporting or failing to report income, or paying an employee “under the table” to avoid paying employer payroll taxes. Another example of tax fraud or tax evasion is selling goods or services from your home without applying for a business license and paying applicable taxes. The penalties for tax crimes are steep. For example, if an employer has deliberately or continuously failed to file tax returns, submit the correct information, or has purposely failed to name an employee on their taxes, the IRS has the option to assess civil and criminal penalties. In addition to a civil fine, interest and penalties begin to accrue. If fines and notices go unpaid, the IRS can garner wages, put a levy on someone’s home or personal property, and even garnish income from Social Security. Under IRC § 7201, a person who attempts to evade paying taxes can be charged with a felony, and if convicted, is subject to up to five years in federal prison and up to 100,000 dollars in fines. **Potential Defenses** IRS collections and investigations are extremely serious. However, not everyone who is contacted by the IRS may have acted with ill will or malice. Some of the [potential defenses to tax crimes](https://www.nslslaw.com/practice-areas/tax/criminal-tax-defense.html) include lack of evidence to prove you actually owe anything, mistake, or lack of willful fraud. A mistake means that the charges are in fact a mistake. Then either the IRS has charged the wrong defendant or is incorrect about what the defendant actually owes if anything. A crucial element of willful fraud and evasion and that the defendant deliberately made the conscious decision to avoid paying taxes altogether or the correct amount. If the IRS cannot establish that the fraud was willful and deliberate beyond a reasonable doubt, a defendant cannot be convicted in criminal proceedings. If you have been charged with a tax crime, contact an attorney first. Do not speak to the IRS until you have spoken to a licensed, experienced tax defense attorney like our lawyers at North Suburban Legal Services. **Contact the Chicago Criminal Tax Defense Attorneys at North Suburban Legal Services** [Contact a Chicago criminal tax defense lawyer](https://www.nslslaw.com/contact-us.html) at North Suburban Legal Services, LLC. Our team of attorneys is dedicated to achieving results for our clients and is not afraid to go to battle, including in criminal tax defense cases. We understand what is at stake and offer tailored advice and solutions. We serve clients throughout Chicago and Cook County. Call today to schedule a consultation at (312) 909-6089. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Criminal Tax Defense Attorneys **Tags:** tax crimes --- ### [What are Whistleblower Rights in Illinois?](https://nslslaw.com/what-are-whistleblowers-rights-in-illinois/) **Published:** October 20, 2021 **Author:** admin **Content:** Your former employee filed a wrongful termination claim against you last month, claiming that you retaliated against them for reporting an OSHA violation. You have evidence to prove the termination was based on merit, and that the employee had a record of poor performance and attendance, but you actually thanked them for pointing out the violation because it did present a safety risk to all employees. Now you are facing an Illinois civil suit, possible penalties from the state, and an OSHA investigation. How can you prevent this from occurring in the future and help current employees understand whistleblower rights while mitigating damage? ## Understanding Whistleblower Rights Protecting Illinoisans The Illinois Whistleblower Protection Act safeguards the rights of employees in the workplace, including whistleblowers. Illinois statute indicates that an employer may not create or enforce a policy, regulation, code of conduct, or guideline that would infringe upon a worker’s rights. Employers are also barred from inhibiting the employee from providing information to a government agency regarding a potential violation of an ordinance or statute. Under [740 Ill. Comp. Stat. §174. 5](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2495&ChapterID=57) employers are encouraged to foster an environment of transparency that is free from hostility or retaliation and offers employees a safe space to discuss issues they believe require redress. Employers are barred from discussing retaliation with an employee or threatening other punitive measures. Employees have the right to refuse to engage in a workplace activity they believe is a violation of common law, statute, or ordinance without fear of losing their job. ## Overcoming Risks for Reporting Many workers are understandably concerned about reporting a potential workplace violation. While retaliation for reporting remains illegal, the fear of employee retaliation still exists. How do you balance your ethics with the fear of losing your job? If you know underreporting or failure to report could cause harm to others you have an obligation to blow the whistle. It takes courage and tenacity to stand up for what is right but you cannot be terminated for being a whistleblower. So what happens if you are fired or demoted for filing a report, even if it was done anonymously? Can you file a suit for wrongful termination or are there other options? If an employer violates the statute by acting in retaliation to a whistleblower, they may be criminally charged in addition to civil penalties. The current, or former employee has the right to file a civil suit against the employer to obtain economic damages or an injunction. An injunction would provide a non-monetary remedy to the employee, such as placing the employee in the same position, tier, or status he or she enjoyed prior to retaliation. The employee is also entitled to back pay, lost wages if laid off due to retaliation, and the cost of attorney’s fees to litigate the action. Sometimes an action can be handled through meditation. The [Chicago business law attorneys](https://www.nslslaw.com/practice-areas/business.html) at North Suburban Legal Services specialize in offering mediation services to facilitate a resolution between employers and employees. We also offer additional guidance in the field of employment law and can help de-escalate a situation or simple misunderstanding before real damage is done. ## Contact our Whistleblower Rights Specialists at North Suburban Legal Services [Contact a Chicago business lawyer](https://www.nslslaw.com/contact-us.html) at North Suburban Legal Services, LLC. Our dedicated team possesses decades of experience representing a host of clients in all employment and business law matters. We understand what is at stake and we are dedicated to achieving results for our clients. Whether you need help with a payroll dilemma or are concerned about potential employment law violations, we can offer guidance. We serve clients throughout Chicago and Cook County. Contact our lawyers today to schedule a consultation at (312) 909-6089. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Business Lawyer **Tags:** whistleblower rights --- ### [Settle your IRS Tax Debt with a Chicago Offer In Compromise Attorney ](https://nslslaw.com/settle-your-irs-tax-debt-with-a-chicago-offer-in-compromise-attorney/) **Published:** September 28, 2021 **Author:** admin **Content:** You may be thinking about filing an offer in compromise with the IRS. The IRS has sent you letter after letter for the past year threatening more severe action and penalties, from wage garnishment to seizure of your home and furnishings. You owe hundreds of thousands of dollars you know you cannot pay, and you do not see a way out, even if you wanted to settle. Is there anything you can do? Do you have to pay all interest and penalties accrued on your tax debt? **What is an Offer in Compromise?** An Offer in Compromise (OIC) is a[ tool designed to help filers](https://www.nslslaw.com/practice-areas/tax/offer-in-compromise.html) who have substantial tax debt to make a settlement offer to the IRS for a reduced total amount. Not all applicants are eligible for an OIC. If you have filed for bankruptcy, you are not eligible until the bankruptcy is discharged. The IRS will not consider a settlement OIC from the taxpayer unless they have filed all back tax returns and made an estimated tax payment for the current tax year. When submitting, the taxpayer must forward a filing fee for processing and make a partial payment in good faith for the IRS to consider the offer. Individuals must [file a Form 656-B](https://www.irs.gov/forms-pubs/about-form-656) (Offer in Compromise Booklet), all application fees, and offer payments based on the tax debt the individual is seeking to compromise. The taxpayer has the option to pay a lump sum fee or make monthly installments while the IRS considers the Offer in Compromise. It is crucial that the taxpayer relies on accurate information and not falsify records or evidence submitted in their OIC, or they could face additional civil and criminal penalties. **Benefits of Settling Tax Debt** If you choose to ignore letters from the IRS they will take legal action against you. The IRS has the power to garnish your wages, file a lien against your car or home, and severely restrict your ability to enjoy life until your tax debt is paid. Meanwhile, interest and penalties will continue to accrue if you do not make a good faith effort to reach out and determine what you owe and from what tax year. However, you do not always have to pay all interest and penalties or the total amount demanded by the IRS. The benefits of settling tax debt early on include avoiding bankruptcy proceedings, reducing the total amount you must pay, protecting your credit and your assets, and resolving issues without going to court. You are strongly advised to consult with a tax attorney specializing in IRS litigation and Offers in Compromise before you contact the IRS yourself. The Offer in Compromise is an offer that the IRS does not have to accept; it is a tool for negotiations, but you want a skilled litigator on your side to assist you. Our Offer in Compromise attorneys at North Suburban Legal Services have helped many clients in similar positions settle tax debt and are not intimidated by the IRS. **Contact the Chicago Tax Attorneys at North Suburban Legal Services, LLC** If you or a family member are facing a tax controversy or have been contacted by the IRS about fees or penalties, you may be concerned about what could happen next. The IRS is a powerful government entity with the ability to upend life as you know it. However, there are strategies for settling tax debt and substantially reducing what you owe. Our [Chicago offer in compromise attorneys](https://www.nslslaw.com/practice-areas/tax/offer-in-compromise.html) at North Suburban Legal Services specialize in tax litigation and can provide you with crucial guidance at this juncture. Call us today to schedule a consultation at (312) 909-6089. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** IRS Tax Lawyers **Tags:** offer in compromise --- ### [Can a Tax Evasion Defense Lawyer Keep My Property from Being Seized?](https://nslslaw.com/can-a-tax-evasion-defense-lawyer-keep-my-property-from-being-seized/) **Published:** August 25, 2021 **Author:** admin **Content:** When you owe back taxes to the federal government, they can take civil enforcement action to collect on the delinquent debt. If the IRS believes that you intentionally tried to avoid paying the full taxes owed, then you could face a criminal tax evasion charge. The penalties can be significant, including fines, the seizure of property, and even jail time. Here, our [tax evasion defense lawyer in Chicago](https://www.nslslaw.com/practice-areas/tax/criminal-tax-defense.html) explains the most important things to know about protecting your rights (and your property) if you are facing tax evasion charges. **What is Tax Evasion?** Tax evasion is not the same thing as owing money to the IRS. It is a far more serious matter. As explained by the [Cornell Legal Information Institute](https://www.law.cornell.edu/wex/tax_evasion), tax evasion is the use of ***“illegal means to avoid paying taxes.”*** If you make a mistake on your taxes or you filed your tax but cannot pay the full amount due, you could face civil penalties. If you are accused of “evading” your tax liability, you could face both civil and criminal penalties. **Penalties for Tax Evasion** Depending on the specific nature of the allegations, tax evasion can be charged as a misdemeanor or felony offense. Though, federal prosecutors tend to be aggressive when filing criminal tax evasion charges. Under [26 U.S.C. § 7201](https://www.law.cornell.edu/uscode/text/26/7201), an individual may face felony tax evasion charges if they ***“willfully”*** attempt to ***“defeat or evade”*** their tax liability. Penalties for felony federal tax evasion can include: - A civil fine of up to $100,000 - A maximum of five years in prison - Seizure of property to cover the full amount owed **How a Chicago Tax Evasion Defense Lawyer Can Help Protect Your Rights and Your Property** One of the key things to know about felony tax evasion charges is that the government must prove that the defendant willfully attempted to avoid their tax obligations. An honest mistake is not tax evasion. Similarly, not being in a financial position to pay is not tax evasion. Some potential defenses to a criminal tax evasion charge include: - No taxes were actually owed - Lack of willful fraud - Insufficient evidence of intentional misconduct Ultimately, all tax evasion charges involve their own unique set of facts. An experienced Chicago, IL tax evasion defense attorney will be able to review the specific circumstances of your case, help you identify and consider viable defenses, and develop a strategy focused on protecting your freedom and your property. **Call Our Chicago, IL Tax Evasion Defense Attorneys for Immediate Help** At North Suburban Legal Services LLC, our Chicago tax defense lawyer has the professional skills and legal expertise that you can trust. If you have any questions about tax evasion charges and protecting your property, we can help. Give us a call at (312) 909-6089 or [send us a message](https://www.nslslaw.com/contact-us.html) to set up a confidential initial consultation. From our law office in Chicago, we provide tax evasion defense services throughout Northern Illinois, including in Cook County, Dupage County, and Lake County. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Tax Evasion Defense Lawyer **Tags:** tax evasion --- ### [What Is An Offer In Compromise?](https://nslslaw.com/what-is-an-offer-in-compromise/) **Published:** July 6, 2021 **Author:** admin **Content:** Is the federal government trying to collect back taxes from you, your family, or your business? If so, it is normal to be stressed out and overwhelmed—especially if you believe the amount is incorrect, unfair, or you cannot reasonably pay. The good news is that there are some options available. As explained by the [Internal Revenue Service (IRS)](https://www.irs.gov/payments/offer-in-compromise), an offer in compromise (OIC) ***“allows you to settle your tax debt for less than the full amount you owe.”*** In this article, our [offer in compromise attorney in Chicago](https://www.nslslaw.com/practice-areas/tax/offer-in-compromise.html) explains the most important things to know about working out this type of arrangement with the IRS. **Offer in Compromise: Three Qualifying Conditions** The IRS is responsible for collecting taxes. The federal agency has been empowered with a wide range of different collection tools. That being said, the IRS also has the discretion to settle tax debt for less in certain circumstances. Most often, this is done through an offer in compromise (OIC). When accepted by the agency, an OIC can clear outstanding federal tax liability. To obtain an offer in compromise, a taxpayer must demonstrate one of three qualifying conditions: - **Doubt of Liability:** Do you believe that the IRS is charging you with more tax than you actually owe? If so, you may be able to settle that debt for less through an offer in compromise. If there is some doubt of liability, the IRS has the power to settle the matter for less. - **Inability to Pay:** The IRS can accept an OIC if a taxpayer cannot reasonably pay their debt in full. Under federal law, the agency must assess the “collectability” of the tax debt. Among other things, the agency will consider a taxpayer’s income, expenses, financial resources, and overall ability to pay. - **Extenuating Circumstances:** The IRS can also approve an offer in compromise if there are extenuating circumstances. If the tax liability is inequitable, unfair, or would create an unreasonable financial hardship to the taxpayer, the debt can be settled for less. **April 2021 Update: A New Form to Apply for an Offer in Compromise** In April of 2021, the IRS released an updated version of Form 656—the primary application form that taxpayers can use to apply for an offer in compromise. In general, taxpayers must also complete and submit Form 433-A (individuals) or Form 433-B (businesses) to verify certain financial information. If you are considering seeking an offer in compromise, an experienced Chicago tax resolution lawyer can help you navigate the application process and get the best possible deal. **Contact Our Chicago, IL Tax Resolution Attorneys for Immediate Help** At North Suburban Legal Services LLC, our Chicago tax lawyers have the skills and experience to help people resolve their IRS debt. You may be eligible to resolve your tax debt for mere pennies on the dollar. If you have any questions about reaching an offer in compromise with the IRS, we are here to provide support. [Contact us](https://www.nslslaw.com/contact-us.html) right away for your free, confidential initial consultation. From our Chicago office, we represent taxpayers in Cook County and throughout Northern Illinois. Call us at (312) 909-6089. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Tax Resolution Attorney **Tags:** IRS, tax resolution --- ### [What You Should Know About IRS Lien Removal](https://nslslaw.com/what-you-should-know-about-irs-lien-removal/) **Published:** June 8, 2021 **Author:** admin **Content:** If you owe more than $10,000 in federal taxes, you could be subject to a lien and may want to look into an IRS lien removal. As described by the [Internal Revenue Service (IRS)](https://www.irs.gov/businesses/small-businesses-self-employed/understanding-a-federal-tax-lien), a tax lien is ***“the government’s legal claim against your property when you neglect or fail to pay a tax debt.”*** In other words, a lien is designed to protect the government’s “interest” in your property/assets. As frustrating as it can be to face a tax lien, you do have options to get it removed. In this blog post, our [IRS tax lawyers in Chicago](https://www.nslslaw.com/practice-areas/tax/irs-lien-removal.html) explain the key things that you need to know about getting a federal tax lien removed. **An Overview of Your Options to Get a Tax Lien Withdrawn By the IRS** There are several ways for a taxpayer to try to get a tax lien removed. In general, the most effective option is by seeking to get the agency to “withdraw” the lien. To do this, you must complete and submit [IRS Form 12277, Application for Withdrawal of Tax Lien](https://www.irs.gov/pub/irs-pdf/f12277.pdf). For most people, the federal tax lien withdrawal process is the best path because it essentially erases all records of the tax lien. In other words, it will be like the agency never put on the tax lien in the first place. Here are two common reasons why the IRS agrees with withdrawal (remove/erase) tax liens: 1. **Premature Filing or Other Mistake:** Not all tax liens are legitimate. There have been plenty of cases in which the tax collection agency jumps the gun or otherwise makes a mistake in placing a lien against a taxpayer. If you believe that a federal tax lien was placed in error, a Chicago lien removal lawyer can help you take action to get it withdrawn. 2. **Facilitate Collection:** The IRS has the authority to withdraw federal tax liens if it will “facilitate collection” or if doing so is “in the best interests of the government.” In effect, this means it is possible to reach a settlement with the IRS—either through an installment agreement or an offer-in-compromise (OIC) in which the agency agrees to withdraw a tax lien. An experienced Chicago, IL lien removal attorney can help you reach a tax settlement with the IRS. Notably, under the IRS Fresh Start program, the agency is now willing to offer taxpayers greater opportunity to get tax liens withdrawn (and all records erased) as part of their overall agreement. A tax lawyer with experience handling IRS Fresh Start cases can help you navigate the application process. **Call Our Chicago, IL IRS Lien Removal Attorneys for Immediate Help** At North Suburban Legal Services LLC, our IRS tax lawyers have the skills, legal knowledge, and real-world expertise to help people get tax liens removed. Want more information about IRS lien removal? We are more than happy to help. [Contact us](https://www.nslslaw.com/contact-us.html) now at (312) 909-6089 for a confidential consultation. Our IRS lien removal attorneys represent people and businesses in Chicago, Cook County, and throughout the surrounding area in Northern Illinois. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** IRS Tax Lawyers **Tags:** IRS lien removal --- ### [7 Things To Know If You Owe The IRS](https://nslslaw.com/7-things-to-know-if-you-owe-the-irs/) **Published:** February 4, 2021 **Author:** admin **Content:** Do you owe money to the IRS? If so, it is normal to be stressed out and overwhelmed by your financial circumstances. As a starting point, it is important to emphasize that you are not alone. Official [government data](https://www.irs.gov/pub/irs-soi/17databk.pdf) shows that Americans owe a collective $131 billion in taxes. There are solutions available—but you need to know how to navigate the system. Here, our [tax attorney](https://www.nslslaw.com/practice-areas/tax/irs-tax-lawyers.html) highlights seven things you should know if you owe money to the Internal Revenue Service. ## **IRS Collections: What You Need to Know** **1. The IRS Does Not Go Away** First and foremost, it is important to emphasize that the IRS is not going to go away on its own. If you owe money to the agency, be proactive. Not only are interest and penalties adding up, but the IRS will (eventually) take enforcement action. **2. Always File Your Taxes** You are wondering if you should file your taxes if you cannot pay the full amount owed. The answer is always ‘yes’. Taxpayers have a legal responsibility to file an accurate, timely return. Failure to do so will subject you to additional penalties. Even if you cannot pay, you should file. If you have not filed in previous years, an attorney can help you resolve the matter. **3. You Must Be Notified Before Enforcement Action is Taken** Taxpayers are protected by federal regulations. One of your most important legal rights is your right to notification before enforcement action is taken. Indeed, taxpayers typically receive several notices about a delinquent balance (CP 501, CP 503, CP 504) before enforcement action is taken. **4. A Federal Tax Lien From The IRS is a Powerful Collection Tool** The IRS has powerful tax collection tools available. Most notably, the agency can pursue a federal tax lien. By doing so, they are essentially putting a claim on your property if you owe a tax debt. A federal tax lien can lead to wage garnishment, bank levies, and asset seizures. If you have any specific questions about IRS liens, an experienced Chicago tax lawyer can help. **5. You May Be Eligible for a Payment Arrangement From The IRS (Installment Agreement)** For taxpayers who owe money to the IRS, a payment plan is one of the most useful tools. Officially known as an installment agreement, a payment plan allows you to pay off your debt on a monthly basis. These agreements can last as long as 72 months. Depending on the amount owed, you may even be entitled to guaranteed approval. **6. You May Be Able to Settle Your Tax Debt to the IRS for Less (Offer in Compromise)** For those who owe more than $10,000 to the IRS, it may be possible to settle your total tax debt for less. Through an offer in compromise, you can negotiate an agreement with the agency to clear all outstanding tax debt for less than the full amount owed—often significantly less. Though, federal law does not require the IRS to accept your offer in compromise. As such, it is crucial that you build a strong case. **7. There is Always a Path Forward** No matter how bad your tax debt seems, there is always a path forward. The best thing you can do is take action now to address the problem. An experienced IRS tax attorney can help you navigate the system. **Call Our Chicago, IL IRS Attorney Today** At North Suburban Legal Services LLC, our Illinois IRS tax attorneys are skilled, effective advocates for our clients. We know how to protect taxpayer rights and help people resolve problems. If you have any questions about IRS collection and your rights, we can help. [Contact us](https://www.nslslaw.com/contact-us.html) now for a confidential initial consultation. With an office in Chicago, our tax lawyers serve communities throughout the region, including Schaumburg, Evanston, Naperville, and Orland Park. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Business Lawyer **Tags:** IRS --- ### [How To Protect Yourself From False Sexual Harassment Allegations](https://nslslaw.com/how-to-protect-yourself-from-false-sexual-harassment-allegations/) **Published:** March 3, 2021 **Author:** admin **Content:** ## False Sexual Harassment Allegations In recent years, there has been new attention paid to the long-standing problem of workplace sexual harassment, which has resulted in a rise in false sexual harassment allegations. Sexual harassment is unlawful. As noted by [Equal Employment Opportunity Commission (EEOC)](https://www.eeoc.gov/sexual-harassment), sexual harassment can come in many different forms, including requests for sexual favors, unwanted/unwelcome advances, verbal harassment, and much more. Of course, not every allegation of sexual harassment is legitimate. Unfortunately, a business owner, manager, or another employee could be falsely accused of harassment. All allegations must be handled with care and sensitivity. Here, our [Chicago employment attorneys](https://www.nslslaw.com/practice-areas/employment.html) highlight three steps to protect yourself and your business from false sexual harassment allegations. **1. Stay Calm, Stay Professional, and Avoid Direct Confrontations** If you were falsely accused of sexual harassment, it is normal to feel frustrated, confused, and even angry. You may want to reach out to the accuser directly to talk about the issue. It is a mistake to do so. Once a workplace sexual harassment allegation has been leveled, it is a legal matter. You have a right to defend yourself and/or your business, but you need to do so in the appropriate manner. At this point, the best thing you can do is to stay calm, stay professional, and start crafting a legal case. Note: Under Illinois law and federal law, retaliation against an employee who levels a sexual harassment complaint—even a false complaint—is strictly prohibited. Make sure you avoid any possible appearance of impropriety. Not only will retaliation make it more difficult to defend a false sexual harassment allegation, but it could also give rise to an employment lawsuit on its own. **2. Write Down What Happened and Save All Relevant Evidence/Information** A sexual harassment allegation is an employment law claim. Similar to other types of legal disputes, both the plaintiff and defendant will have an opportunity to present evidence. The more evidence you have, the better. As a starting point, it is a best practice to write down everything you know about the allegations. For example, if there was an incident, make sure you record the names of any eyewitnesses, You should also preserve all evidence and information that might be relevant to the case. **3. Consult With an Employer Defense Attorney** Dealing with a workplace sexual harassment allegation is complicated. It can expose an Illinois company to significant liability. It is highly recommended that you consult with an experienced Chicago sexual harassment defense attorney. Among other things, a lawyer will review your case, explain your rights under state and federal law, initiate a more comprehensive investigation, and help you take action to build a strong, compelling defense against the false sexual harassment allegations. **Call Our Chicago Employment Lawyers for Immediate Help** At North Suburban Legal Services LLC, our Chicago employment lawyers are experienced, attentive advocates for our clients. If you have any questions about defending yourself or your company from false sexual harassment allegations, we can help. [Contact us](https://www.nslslaw.com/contact-us.html) now for a completely confidential initial legal consultation. We represent clients throughout the entire region, including in Joliet, Evanston, Naperville, Bolingbrook, Aurora, Orland Park, and Elgin. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Business Lawyer **Tags:** sexual harassment --- ### [How To Protect Your Business From Ransomware Hackers](https://nslslaw.com/how-to-protect-your-business-from-ransomware-hackers/) **Published:** April 13, 2021 **Author:** admin **Content:** Ransomware is one of the primary cybersecurity threats facing small and mid-sized businesses and organizations in Illinois. The [Cybersecurity and Infrastructure Security Agency (CISA)](https://www.cisa.gov/ransomware) describes ransomware as an “ever-evolving form of malware designed to encrypt files on a device, rendering any files and the systems that rely on them unusable.” Typically, the ransomware hacker will then demand a payment (ransom) from the business owner in order to get their files back. You can take action now to better protect your company from cybersecurity risks. In this article, our [Illinois business attorneys](https://www.nslslaw.com/practice-areas/business.html) provide four tips to help you protect your company from ransomware attacks. ****Four Tips to Protect Business Assets from Ransomware Hackers**** ****1. Implement a Comprehensive Training and Awareness Program**** Although many ransomware hackers are quite sophisticated, the way that malware actually gets on computers is often quite straightforward: A business owner, manager, employee, or other party downloads a corrupt file. One of the best (and most cost-effective) steps you can take to protect your business from ransomware is to implement a comprehensive training and awareness program for all employees/managers who have access to computers. ****2. Considering Limiting Access to Privileged Accounts**** As a business owner, you have the ability to restrict an individual user’s ability to download files onto your network. You may want to consider limiting this ability to certain privileged accounts. Among other things, doing so will help to limit the risk that an unaware user will accidentally download ransomware. Not every employee needs access to privileged accounts. ****3. Back-Up Files and Create a Strong Data Recovery Program**** Mistakes happen. Even highly experienced computer users sometimes download ransomware. Hackers put a lot of time and effort into disguising their illegal malware. Your business should always be prepared for a cybersecurity attack. If your files are properly backed up and you have a strong data recovery program in place, a ransomware hacker will not be able to do nearly as much damage to your business. ****4. Know the Data Breach Notification Laws**** Finally, you need to make sure that your company complies with all obligations it has under federal, state, or local law. In recent years, many jurisdictions have enacted new data breach laws to protect consumers. As an example, on January 1st, 2020, the [Illinois Personal Information Privacy Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2702&ChapterID=67) went into effect. The key thing that business owners and managers should know about this law is that it requires covered entities to disclose the breach of a security system (data breach) if more than 500 Illinois residents were impacted by it. ****Call Our Chicago, IL Business Lawyers for Immediate Legal Help**** At North Suburban Legal Services LLC, our Chicago business protection attorneys are reliable, knowledgeable advocates for business owners and managers. If you have any questions about ransomware hacking, our legal team can help. [Contact us](https://www.nslslaw.com/contact-us.html) today for confidential legal guidance and support. We represent businesses and entrepreneurs throughout the region, including Cook County, Lake County, DuPage County, and Will County. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Business Law Attorney **Tags:** ransomware --- ### [What You Need To Know About The IRS Fresh Start Program](https://nslslaw.com/what-you-need-to-know-about-the-irs-fresh-start-program/) **Published:** May 10, 2021 **Author:** admin **Content:** Are you struggling to pay your taxes? If so, you are not alone. According to official data from the [Internal Revenue Service (IRS)](https://www.irs.gov/statistics/collections-activities-penalties-and-appeals), Americans owe a collective $131 billion in back taxes. Dealing with tax debt can feel overwhelming. The interest, penalties, and fees keep adding up—all while you are trying to pay the rest of your bills and get your financial house in order. There is good news: The IRS Fresh Start program is a federal initiative that gives taxpayers more flexibility to settle their tax debt for less**.** In this article, our [Chicago tax law attorney](https://www.nslslaw.com/practice-areas/tax/irs-tax-lawyers.html) highlights the most important things you should know about the IRS Fresh Start program. ## **An Overview of the IRS Fresh Start Program** **1. The IRS Fresh Start Program is For People Struggling to Pay Federal Taxes** If you are behind on your federal tax obligations, the IRS Fresh Start program might be the right path to get you back on your financial feet. Created in 2011, the Fresh Start program is designed to do exactly what its name suggests—help struggling taxpayers clear their debt and get a clean slate. Under the 2011 IRS reforms, the agency has far greater authority and flexibility to allow taxpayers to resolve their federal tax debt for less. When you do so through IRS Fresh Start, you will get to clean up your account—potentially including relief from penalties and the removal of tax liens. **2. You May Be Eligible for an Offer in Compromise (OIC)** The IRS allows people to resolve outstanding federal tax debts through something called an Offer in Compromise or OIC. The Fresh Start program expands the flexibility of the OIC program. Simply defined, an Offer in Compromise is a settlement. It is an agreement between a taxpayer and the IRS to resolve all outstanding tax liabilities for less than the amount owed. A Chicago, IL tax lawyer can help you get a fair Offer in Compromise from the IRS—potentially settling all of your federal tax liability for a very small percentage of the amount owed. **3. The IRS Will Calculate ‘Collection Potential’ of a Taxpayer** Under the IRS Fresh Start program, the agency will calculate the “reasonable collection potential” from the taxpayer and use that information to formulate an Offer in Compromise. Notably, the Fresh Start program allows the agency to take more factors into consideration when determining how much can be collected. Under the new rules, the IRS will: - - ● Allow taxpayers to keep additional money to help pay local, state, and local taxes and other debts - ● Expand the amount taxpayers can keep to cover their living expenses and support themselves and their families **Contact Our Chicago, IL Tax Law Attorney for Help** At North Suburban Legal Services LLC, our Chicago IRS lawyers help people, families, and business owners solve tax problems. If you have any questions about the IRS Fresh Start program, we can help. For a free, fully confidential consultation with a skilled IRS attorney, please [contact us](https://www.nslslaw.com/contact-us.html) today. We represent taxpayers throughout Cook County, including in Chicago, Elgin, Arlington Heights, Evanston, Schaumburg, Skokie, and Des Plaines. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** IRS Fresh Start Program, Tax Law Attorney **Tags:** IRS fresh start --- ### [Recognizing Payroll Tax Fraud](https://nslslaw.com/recognizing-payroll-tax-fraud/) **Published:** April 5, 2018 **Author:** admin **Content:** [Payroll taxes](https://www.investopedia.com/terms/p/payrolltax.asp) are the taxes that employers are required to pay to cover programs like Social Security and unemployment compensation. The taxes come from employees’ wages, and employers withhold portions of employees’ paychecks to cover these financial obligations. Failing to pay the withheld money to the government, falsifying documents related to payroll tax, and attempting to circumvent payroll taxes are all forms of payroll tax fraud. If you have good reason to suspect your company is committing payroll tax fraud or another type of tax evasion, do not keep your concern to yourself. When you act as a whistleblower, you are legally protected against retaliation from your employer. **Payroll Tax Evasion Techniques** There are [numerous ways employers attempt to evade their responsibility to withhold payroll taxes and pass them on to the state and federal governments](https://www.irs.gov/compliance/criminal-investigation/employment-tax-evasion-criminal-investigation-ci). These include: – Paying employees in cash. Also known as paying employees “under the table,” compensating them in cash means there is no record of the compensation, which in turn means there is no recorded wages upon which the government can require taxes; – Pyramiding. With this technique, employers do withhold payroll taxes from their employees’ checks, but then fail to pass them onto the government as required; – Employment leasing. Sometimes, it makes financial and administrative sense for a company to outsource the handling of payroll and other employment matters to third-party companies. This practice is known as employment leasing. Although employment leasing is not illegal in itself, it can be used as a payroll tax evasion scheme when employment leasing companies fail to pay some or all of the payroll taxes they collect; – Falsifying payroll tax documents. When an employer misrepresents an employee’s wage in an effort to pay less in payroll taxes, they are committing payroll tax fraud; and – Failing to file employment tax returns. This is the most straightforward form of payroll tax fraud: employers simply refuse to file employment tax returns, leaving their required taxes unpaid. **What Should I Do if I Suspect my Company is Committing Payroll Tax Fraud?** Document everything you can to support your claim. This will be how you substantiate your claim to upper management, regulatory authorities, the Internal Revenue Service, or local law enforcement. Determine whether your company has a system in place for making anonymous reports to its owners. If so, use this system to make your report. Discuss your case with an experienced whistleblower protection lawyer who can advise you about how to protect your rights while pursuing justice. Depending on the circumstances of your case, you could [receive a monetary reward for coming forward with valuable information about your employer’s actions](https://www.sec.gov/whistleblower). **Work with an Experienced Chicago Employment Lawyer** For legal advice, support, and representation as you take action as a whistleblower, work with an experienced [employment lawyer](https://www.nslslaw.com/practice-areas/employment.html). Contact our team at North Suburban Legal Services LLC today to set up your initial consultation with us to discuss your case and your options in greater detail. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Payroll Fraud --- ### [Possible Defenses to a Tax Evasion Charge](https://nslslaw.com/possible-defenses-to-a-tax-evasion-charge/) **Published:** May 15, 2018 **Author:** admin **Content:** When you are charged with tax evasion, you should act quickly to start developing an effective defense strategy with an experienced [criminal tax defense lawyer](https://www.nslslaw.com/practice-areas/tax/irs-tax-lawyers.html). [Tax evasion](https://www.law.cornell.edu/wex/tax_evasion) is defined as the willful attempt to evade paying required taxes. Because the Internal Revenue Service (IRS) is a federal agency, tax evasion is a federal crime. [Penalties for a tax evasion conviction](https://www.irs.gov/pub/irs-utl/tax_crimes_handbook.pdf) include up to five years in prison and fines that can be as high as $250,000 for an individual or $500,000 for a corporation. Below are a few potential defense strategies you can use to defend your case when you are facing a tax evasion charge. Discuss them with your lawyer to determine if any, or another defense strategy, is the right choice for your case. **Lack of Willful Fraud** People make mistakes. If you file your own federal income taxes, it can be easy to become confused or file your return incorrectly, underpaying the IRS. You might also underreport your income without meaning to do so because you did not realize that certain income, like lottery winnings and income from a side job, must be reported to the IRS. Another potential defense strategy is demonstrating that you were not the one who actually filed your tax return or that you were advised to make certain choices by a tax preparer. Basically, if your failure to pay the appropriate taxes was because of misunderstanding or confusion, you cannot be found guilty of willful tax evasion. **Lack of Evidence to Prove you Intentionally Committed Tax Evasion** This defense ties into the one listed above. In order to be found guilty of tax evasion, the court must prove beyond a reasonable doubt that you intentionally defrauded the IRS to avoid paying your taxes. Even if you cannot prove that you made a mistake or that a financial advisor advised you to take certain actions that you did not know were deceptive, you can potentially defend your case with the lack of evidence showing your intent to defraud the IRS. **You Do Not Actually Owe the IRS Any Money** Even if you are determined to have intentionally underreported your income or otherwise evaded the taxes you were required to pay, you can potentially defend your case by demonstrating that you also have expenses that you did not report that reduced your tax liability to zero. Our team can work with the accountants in our professional network to pursue this defense strategy and show your full financial history as evidence if we deem this to be the most effective strategy for your case. **Work with an Experienced Chicago Criminal Tax Defense Lawyer** Tax evasion is a serious criminal offense. When you are facing this type of charge, you need to take it seriously and start working with an experienced criminal defense lawyer as soon as you can to develop an effective defense strategy for your case. Contact our team of experienced [criminal tax defense lawyers](https://www.nslslaw.com/contact-us.html) at North Suburban Legal Services LLC today to set up your initial consultation with us today. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** criminal tax defense lawyer --- ### [Four Tips for Defending Unemployment Claims in Chicago, Illinois](https://nslslaw.com/four-tips-for-defending-unemployment-claims-in-chicago-illinois/) **Published:** September 11, 2018 **Author:** admin **Content:** The [Illinois Department of Employment Security (IDES)](https://www2.illinois.gov/ides/Pages/default.aspx) operates an insurance system that provides benefits to certain qualified individuals who have lost their job. Notably, this system has been created in a way that presumes that most applicants (workers) are entitled to unemployment benefits. The onus is on companies to protest invalid unemployment claims. Unless an employer is able to demonstrate to IDES that there is good reason why an applicant should not receive benefits, then that worker is likely to have their unemployment claim approved. As a company’s unemployment insurance rate will go up based on the number of approved claims, it is imperative that Illinois employers know how to protect their rights. Here, our top-rated [Chicago unemployment defense lawyers](https://www.nslslaw.com/practice-areas/employment.html) offer four important tips to help companies handle invalid unemployment claims. **1. Pay Careful Attention to the Reply Date on the Notice of Claim** In far too many cases, Illinois employers lose out on their rights because they wait too long to take action. When your company receives an official Notice of Claim from IDES, the first thing that you should do is to take a careful look at the ‘reply date’ listed on the letter. This is a very strict deadline. If you do not file your protest by the reply date, you will almost certainly lose your case. Be proactive. **2. Prepare a Comprehensive, Accurate Protest Letter** In protesting invalid unemployment claims, businesses are asked to include a detailed protest letter. Essentially, this letter lays out the basic facts of the case from the perspective of the employer. It is crucial that companies submit a well-drafted, comprehensive, and fully accurate protest letter. Even a relatively minor mistake could result in you losing your case. **3. Gather Any and All Relevant Evidence** Any evidence that you have that is relevant to the unemployment claim should be carefully secured. Important evidence can come in a wide range of different forms. In some cases, employers may actually have a copy of a resignation letter directly from the employee. In other cases, witnesses may be able to attest to the fact that the worker actually quit or that the employee engaged in some type of disqualifying misconduct. Regardless of the specific facts, well-presented evidence is the key to a successful unemployment defense. **4. Get Help from a Cook County, IL Unemployment Defense Lawyer** Businesses should always be ready to seek professional legal guidance. An experienced Chicago unemployment defense attorney can help your company put together the strongest possible case. Even if you have already lost during the first stage of the process, you should still be ready to take action. In many cases, our Illinois unemployment defense lawyers have achieved successful results at the appeal hearing level. At North Suburban Legal Services LLC, we have extensive experience representing Chicago area employers in unemployment defense claims. If an unemployment claim was filed against your business and you need legal help, please do not hesitate to [contact our law firm](https://www.nslslaw.com/contact-us.html) today at (312) 909-6089 to schedule a fully confidential consultation. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Unemployment Defense Lawyer --- ### [Could Changing Your Business to C Corp Status Save You Money?](https://nslslaw.com/could-changing-your-business-to-c-corp-status-save-you-money/) **Published:** May 30, 2019 **Author:** admin **Content:** Businesses can be structured in a number of different ways — from sole proprietorships and partnerships, to limited liability companies (LLCs) and corporations. Beyond that, there are multiple different types of corporate structure business owners can choose, with one of the most prevalent being the C corporation (C corp). In this article, our Illinois business law firm explains how changing your company to C Corp status could potentially save you money. If you have any specific questions or concerns about business formation or C corp status in general, you should contact an experienced [Chicago business lawyer](https://www.nslslaw.com/practice-areas/business.html) for guidance. **C Corp Status Offers Potential Tax Advantages** A C corporation is named as such because it is subject to taxes under subchapter C of the Internal Revenue Code (IRC). Among other things, this means the corporation’s profits are taxed separately from the individual owners of the company. Nonetheless, C corp status may be able to offer some business owners significant tax advantages — this is especially true in light of the [Tax Cuts and Jobs Act of 2017](https://www.irs.gov/tax-reform), which cut tax rates for C corporations down to 21 percent. To be clear, a C corp will not offer tax advantages for all business owners. In fact, it could result in higher taxes in some cases because of the issue of double taxation. As a general rule, if business owners are not planning on taking distributions from the company in the near future, a C corp will offer a lower tax rate than will a pass-through entity. However, if you are planning on taking distributions, then the tax liability associated with C corp status may be higher. **C Corps are Flexible Businesses** Another important advantage of forming a C corporation is it is a fundamentally flexible business structure. Indeed, it is typically easier for business owners to raise capital through a C corp because the company can issue several different classes of stock, can have an unlimited number of shareholders and can offer investors full liability protection. For Cook County, Illinois business owners who are thinking about selling their company in the future, changing to C corp status could be the right decision. **You Should Consult With a Business Lawyer Before Changing Before making any major changes to the structure of your business, it is highly recommended you speak to an experienced Chicago business law attorney. Your attorney will review the specific nature of your business and your objectives. With complete information, your lawyer can explain, in detail, all the benefits and drawbacks of changing your company to a C corp, or any other type of business form. **Contact Our Chicago Business Law Attorneys Today** At North Suburban Legal Services LLC, our Chicago business lawyers offer professional, actionable legal guidance to companies throughout the region. If you have questions about changing your business to a C corp, we are here to help. To arrange a fully private initial legal consultation, please [contact our law firm](https://www.nslslaw.com/contact-us.html) today by calling (312) 909-6089. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Business Law Attorney --- ### [Should My Business Be Incorporated?](https://nslslaw.com/should-my-business-be-incorporated/) **Published:** November 5, 2018 **Author:** admin **Content:** One of the keys to building a strong, successful business is making sure that you have the proper legal structure in place. You need to select the best form for your particular business. Your company will not be able to grow and thrive without a great foundation. For some Illinois companies, it makes sense to incorporate. For other companies, incorporation is not the best choice. How do you know what form is right for your business? There are certain questions that you should ask yourself that will help you give you a better idea. In this article, our top-rated [Chicago business law attorneys](https://www.nslslaw.com/practice-areas/business.html) provide an overview of the most important things you should think about when deciding if your business should be incorporated. If you have any specific questions about your company, please contact our legal team immediately. **Thinking About Incorporating Your Business? Four Questions to Ask Yourself** 1. ***1. Do You Need Liability Protection?*** Corporations and LLCs offer personal asset protection. This is in contrast to sole proprietorships and partnerships, which do not offer such liability protection. This is one of the primary reasons why businesses choose to incorporate. For certain companies, that personal liability protection is critically important. 2. ***2. Are You Looking to Grow Your Business?*** With some exceptions, there are limits to the ultimate growth of sole proprietorships and partnerships. On the other hand, corporations can last in perpetuity. It is also much easier to sell or transfer part (or all) of the ownership of a corporation. Business owners who are seeking considerable growth should strongly consider the possibility of incorporating. 3. ***3. Do You Want to Raise Capital or Access Business Credit?*** It is much easier to raise money from outside investors if you have incorporated your business. Whether you are looking for venture capital, an angel investment, or simply access to business credit, the formal structure of a corporation makes it far easier to obtain the financial investment that your company needs. 4. ***4. Are Looking to Explore Ways to Reduce Taxes*** In some cases, businesses can save money by incorporating. To be clear, this is not always the case and there are some additional upfront costs associated with incorporating. However, for certain businesses, the net tax savings of incorporation are still very real. If you operate a sole proprietorship you will be required to pay the [Self-Employment Tax](https://www.irs.gov/businesses/small-businesses-self-employed/self-employment-tax-social-security-and-medicare-taxes). With a corporation, this tax burden will be replaced. Before changing your business structure for tax reasons, it is imperative that you consult with a professional tax advisor or a qualified attorney. **Get Help from a Chicago, IL Business Lawyer Today** At North Suburban Legal Services LLC, our Chicago commercial law attorneys have deep experience handling issues related to business formation. If you have questions or concerns about incorporating your business in Illinois, we can help. For a free, fully private consultation, please do not hesitate to [contact our legal team](https://www.nslslaw.com/contact-us.html) at (312) 313-4038. With an office in the heart of Chicago, we represent companies throughout the region, including in Cook County, Lake County, Will County, DuPage County, and McHenry County. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Business Law Attorney --- ### [Commercial Real Estate Transactions: Understanding a Seller’s Duty to Disclose](https://nslslaw.com/commercial-real-estate-transactions-understanding-a-sellers-duty-to-disclose/) **Published:** January 31, 2020 **Author:** admin **Content:** Buying commercial real estate is a significant investment for any business. Before you complete the transaction, it is imperative you ensure the property is in good condition and well-suited for your company’s needs and objectives. No one wants to be surprised by undisclosed defects that will need costly, sometimes immediate repairs. This raises an important question: To what extent do commercial property sellers have a duty to disclose defects in Illinois? Here, our [Chicago, IL commercial real estate lawyers](https://www.nslslaw.com/practice-areas/business.html) provide an overview of a commercial real estate seller’s duty to disclose. **Commercial Real Estate is Not Covered by the Illinois Property Disclosure Statute** Enacted in 1998, the [Illinois Residential Real Property Disclosure Act](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2152&ChapterID=62) is one of the strongest real estate disclosure laws in the country. Among other things, it requires property sellers to make in-depth disclosures — including completing a form, which contains more than 20 specific questions regarding the condition of the property. However, this statute does not apply to commercial real estate transactions or commercial real estate development projects. If you or your company is purchasing commercial real estate in Illinois, you are not protected by this law. **Legal Rights and Remedies Arise Out of the Purchase Agreement** Although the Illinois property disclosure statute does not apply to commercial real estate transactions, that does not mean buyers are completely without legal protection. Quite the contrary, there is still several things buyers can do to ensure disclosure from property sellers. As a commercial buyer, your legal rights and your legal remedies will arise largely out of your purchase agreement and the direct representations made by the seller. In other words, commercial real estate buyers need to be proactive when reviewing and negotiating purchase agreements. Illinois does not require commercial property sellers to complete a mandatory commercial disclosure form. Still, a commercial seller cannot commit fraud. If they lie or materially mislead the buyer, they can still be held liable for fraud or breach of contract. Beyond that, a commercial real estate buyer can absolutely ask specific questions and request the seller make specific disclosures before agreeing to buy the property. **The Importance of Due Diligence** As a commercial real estate purchase in Illinois is not as strictly regulated as a residential property sale, it is imperative buyers perform proper due diligence before completing the transaction. Before you or your business completes a transaction, make sure the property is carefully inspected. Further, you should work with an experienced attorney who can help you craft a commercial real estate agreement, which effectively protects your legal rights and financial interests – should the seller fail to disclose a material defect. **Call Our Cook County, IL Commercial Real Estate Attorneys Today** At North Suburban Legal Services LLC, our Illinois commercial real estate lawyers are skilled, effective advocates for individuals and businesses. If you suffered damages as a result of a seller’s duty to disclose a property defect, we can help. [Contact us](https://www.nslslaw.com/contact-us.html) today at (312) 313-4038 for a free consultation. With an office in Chicago, our attorneys serve communities throughout the region, including in Schaumburg, Evanston, Joliet and Naperville. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Commercial Real Estate --- ### [Raising Money for a Business Through Crowdfunding: What to Know About Securities Law](https://nslslaw.com/raising-money-for-a-business-through-crowdfunding-what-to-know-about-securities-law/) **Published:** May 27, 2020 **Author:** admin **Content:** In recent years, crowdfunding has become a useful fundraising option for many small and midsize businesses. Because it is a relatively new method of raising capital, the regulations that govern crowdfunding are not always well understood. There is an important intersection between common types of business crowdfunding (equity crowdfunding) and state and federal securities laws. Here, our [Chicago business lawyers](https://www.nslslaw.com/practice-areas/business.html) explain what you need to know about equity crowdfunding and securities law. **What is Equity Crowdfunding?** Crowdfunding is the practice of raising money for a project or venture by seeking relatively small contributions from many people. In general, crowdfunding is done over a dedicated web platform, designed to allow people to easily contribute to the project. The term equity crowdfunding refers to a specific type of crowdfunding in which startup companies and/or small businesses raise capital by offering a small ownership stake in the business to each crowdfund investor. **Federal Law: Crowdfunding Securities Exemption** Though it is an incredibly valuable tool for both startup businesses and supportive investors, equity crowdfunding was initially heavily restricted by U.S. securities law. Essentially, equity crowdfunders are doing the equivalent of purchasing ‘securities’ in the business – at least that is how it is viewed under the law. Prior to 2012, equity crowdfunding was generally only open to accredited investors, those being the investors who the federal government views as having the sophistication and income/assets to take on the risk of investing in a private securities market. Of course, equity crowdfunding is not quite the same as investment in other types of private securities. Recognizing this key fact, federal legislators passed the [Jumpstart Our Business Startups (JOBS) Act](https://www.gpo.gov/fdsys/pkg/BILLS-112hr3606enr/pdf/BILLS-112hr3606enr.pdf). Among other things, the JOBS Act asked the Securities and Exchange Commission (SEC) to adopt regulations to facilitate equity crowdfunding. The JOBS Act allows many startups and small businesses to raise funds through offering equity on a crowdfunding platform without being held down by overly restrictive regulations. **Companies Raising Capital Through Equity Crowdfunding Should Seek Guidance** Navigating the JOBS Act and the subsequent regulations from the SEC can be complicated. If companies fail to comply with certain equity crowdfunding rules, they could be required to register with federal regulators – a potentially costly and arduous task. Worse yet, they may even run into problems under federal securities law. If your startup company or small business is considering raising capital through equity crowdfunding, it is recommended you consult with a qualified attorney. A business lawyer with experience handling securities law matters will ensure your crowdfunding arrangement is structured properly. **Speak to Our Chicago, IL Securities Lawyers Today** At North Suburban Legal Services LLC, our Chicago business law attorneys have the skills and legal knowledge to advise clients on matters of securities law. If you have questions about raising money through crowdfunding, we can help. To arrange a confidential initial consultation, please do not hesitate to [contact us](https://www.nslslaw.com/contact-us.html) now. We represent business clients throughout the Chicagoland region, including in Aurora, Elgin, Joliet, Naperville, Evanston, Schaumburg and Orland Park. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Business Lawyer --- ### [Can I Be Charged With a Crime for Not Filing Taxes?](https://nslslaw.com/can-i-be-charged-with-a-crime-for-not-filing-taxes/) **Published:** July 1, 2020 **Author:** admin **Content:** Under federal law, any taxpayer who has earned more than a statutorily mandated minimum amount of gross income must file a tax return. Failure to do so could result in sanctions. According to the [Internal Revenue Service (IRS)](https://www.irs.gov/faqs/irs-procedures/collection-procedural-questions/collection-procedural-questions-3), the most common penalty is the five (5) percent failure to file penalty — for each month taxes remain unpaid, up to 25 percent of the total amount due. Beyond that, failure to file could be a criminal offense. Here, our [Chicago criminal tax defense attorneys](https://www.nslslaw.com/practice-areas/tax/criminal-tax-defense.html) provide an overview of federal penalties for not filing taxes and discuss the more serious offense of felony tax evasion. **A Basic Overview of Criminal Tax Charges** There is a relatively common misconception that you cannot be charged with a crime for simply not filing your taxes. The reality is this is simply not true. The federal government can bring a criminal charge against an individual taxpayer who knowingly failed to file their tax return in violation of their legal obligations. More specifically, you could be charged with a criminal offense for: - Willful Failure to File (Misdemeanor): Willful failure to file your tax return can be charged as a misdemeanor criminal offense. Under 26 U.S. Code § 7203, willful failure to file a tax return is punishable by a maximum of a $25,000 fine and one-year imprisonment. - Overt Act of Evasion (Felony): The more serious criminal tax offense — a felony — requires prosecutors to prove the accused made an “overt act of evasion.” As an example, if a person intentionally files an incorrect tax return to reduce their liability, they may face felony tax fraud charges. **Failure to File is Typically Handled as a Civil Matter** Although willful failure to file taxes is a criminal offense, it is important to emphasize the authorities will almost always handle these cases as civil issues. It is quite rare for a person to be criminally prosecuted for not filing their tax return — assuming no other action was taken to evade their financial obligations. Most often, the IRS will handle failure to file cases by sending a demand for payment, eventually taking enforcement action to collect on overdue taxes. If the agency believes a person took overt steps to evade taxes, they are far more likely to face a criminal investigation. If you need to file taxes for past years, you should consult with an attorney. A lawyer can help you ensure old returns are filed in a manner that best protects your rights and interests. **Call Our Chicago, IL Criminal Tax Defense Lawyers for Help** At North Suburban Legal Services LLC, our Illinois criminal tax defense attorneys are experienced, solutions-driven advocates for clients. If you have questions about not filing taxes or tax evasion, we are prepared to help. For a completely confidential case assessment, please [contact us](https://www.nslslaw.com/contact-us.html) today. We represent clients throughout Northern Illinois, including in Cook County, Lake County, Will County and McHenry County. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Business Lawyer --- ### [Mergers and Acquisitions: An Overview of the Five Key Integration Areas](https://nslslaw.com/mergers-and-acquisitions-an-overview-of-the-five-key-integration-areas/) **Published:** September 3, 2020 **Author:** admin **Content:** Mergers and Acquisitions (M&A) offer the chance for companies to grow, transform, and seize available opportunities. As explained by [Investopedia](https://www.investopedia.com/terms/m/mergersandacquisitions.asp#:~:text=Mergers%20and%20acquisitions%20(M%26A)%20is,of%20assets%20and%20management%20acquisitions.), M&A is a general term used to describe the consolidation of companies or corporate assets. As effective as M&A transactions can be, they also have the potential to go wrong without proper diligence and planning. One of the most important phases of a merger or an acquisition is integration. Post-Merger Integration (PMI) is a complicated process where a company’s operations are combined, rearranged, or restructured to take advantage of synergies. Here, our [Chicago M&A lawyers](https://www.nslslaw.com/practice-areas/business.html) highlight the five (5) key areas of integration following a merger or acquisition. **Finances** When commercial entities merge, integration of finances is a crucial and time-sensitive matter. Different companies/organizations may have some variations in their financial standards and procedures. It is imperative finances are integrated as soon after an M&A deal as possible. Without financial integration, many of the potential gains from a merger or acquisition will be left on the table. **Information Technology (IT)** In the modern business world, virtually every organization relies on Information Technology (IT). Integrating IT practices has become one of the most important parts of the M&A process. Parties should consider and evaluate IT governance process, IT organization and structure, and data security. There are almost always opportunities for greater efficiency through effective integration of information technology. **Supply Chain Management and Procurement** Supplies chains, procurement, and vendor contracts all represent another important area of post-merger integration. Companies should carefully review their practices to ensure maximum efficiency. There may be opportunities for both short-term savings, long-term savings, and overall improved effectiveness. **Marketing and Sales** After a merger or acquisition, it is important to make sure the entire business structure is on the same page regarding marketing, sales, and client acquisition. If marketing and/or sales is a key component of the business, there needs to be a proactive effort to ensure an integration between the marketing and sales team. **Compliance and Risk Management** Finally, legal compliance and risk management are always an issue in M&A transactions. In too many cases, good deals go bad because parties fail to rigorously evaluate and address certain financial risks. All parties need to understand the underlying risk of any transaction. Comprehensive post-merger integration can help alleviate some of these risks. Compliance and risk management must be considered. **Contact Our Chicago, IL Mergers & Acquisitions Attorneys for Immediate Help** At North Suburban Legal Services LLC, our Illinois M&A attorneys have the skills, expertise, and diligence to help clients navigate the legal process. If you have questions about M&A integration, we are available to help. For a no cost, strictly private consultation with an experienced corporate lawyer, please [contact our law firm](https://www.nslslaw.com/contact-us.html) right away. We represent clients throughout the entire region, including in Chicago, Schaumburg, Evanston, Tinley Park, Bolingbrook, Aurora, Naperville, and St. Charles. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Business Lawyer --- ### [Acquiring a Small Business in Chicago? Your Guide to Due Diligence](https://nslslaw.com/acquiring-a-small-business-in-chicago-your-guide-to-due-diligence/) **Published:** January 7, 2020 **Author:** admin **Content:** Are you considering purchasing a small or midsized company in Illinois? If so, it is imperative you perform comprehensive due diligence before completing the transaction. Mergers and acquisitions (M&A) can be highly effective ways to grow a company — but these deals also have the potential to turn sour without careful evaluation and planning. Here, our [Chicago, IL business lawyers](https://www.nslslaw.com/practice-areas/business.html) provide a basic guide to conducting due diligence when acquiring a small business. **Mergers and Acquisitions (M&A): Four Key Aspects of Due Diligence** 1. **Review Financial Documents** The due diligence process always starts with a comprehensive examination of all relevant financial documents. As noted by the [United States Small Business Administration](https://www.sba.gov/business-guide/grow-your-business/merge-acquire-businesses) — small details matter. Overlooking important financial details can lead to nasty surprises and huge problems down the road. Business owners and operators should carefully review a target company’s assets, liabilities, and future financial prospects. Some of the most important financial documents include: - Income statements - Balance sheets - Cash flow statements - Accounts receivable - Tax records - Current business inventory - Real estate/equipment holdings - Projections for the upcoming quarters/years - Past projections vs. actual results; and - All debts owed by the business. 2. **Know the Target Organization** Beyond reviewing financial statements, it is also important to make a more holistic assessment of the target company. Remember, financial statements only tell part of the story. Before executing an acquisition, you should know the target company’s product line, services, organizational chart, employees and employment policies. Ultimately, business is about people — and this is even more true for small businesses. You need to be comfortable purchasing and integrating not just the product lines, brand names and intellectual property, but also the people that make up the organization. 3. **Consider Operational Integration** A good company is not always a good acquisition target — at least it might not be for your business. When you acquire another business, be sure to consider how operations can be integrated. In most cases, much of the core value of a mergers and acquisitions deal comes from effectively integrating operations so both companies can become more efficient. Additionally, when you acquire another company, you do not want to miss opportunities. 4. **Assess the Legal Risks** There are risks to acquiring any business. It is crucial you and your business partners take the time to assess the legal risks of purchasing another company. Preparing for the ‘worst case scenario’ is an important part of the due diligence process. Among other things, be sure to review all a target company’s purchase agreements, sales contracts, employment contracts and intellectual property holdings. **Schedule a Confidential Consultation Today** At North Suburban Legal Services LLC, our Illinois commercial law attorneys have extensive experience advising clients in the full range of mergers and acquisitions transactions. If you have any questions about due diligence, we are here to help. For a free, strictly confidential initial consultation, please [contact us](https://www.nslslaw.com/contact-us.html) today. With an office location in Chicago, we represent individuals and businesses in Cook County and throughout Illinois. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Business Law Attorney --- ### [The Most Common Violations of Shareholders’ Rights in Illinois](https://nslslaw.com/the-most-common-violations-of-shareholders-rights-in-illinois/) **Published:** July 29, 2020 **Author:** admin **Content:** As they lack control over the company, minority shareholders are in an inherently vulnerable position. A minority shareholder must rely on the judgment and good faith of managers, board members and majority shareholders to protect their rights and interests. Unfortunately, not all minority shareholders are treated fairly. If your rights have been violated, you may have options available under the law. Here, our [Illinois shareholder protection lawyers](https://www.nslslaw.com/practice-areas/business.html) highlight four of the most common examples of shareholders’ rights violations. **Breach of the Terms of the Shareholder Agreement** A shareholder’s rights derive not just from state or federal regulations, but also from their shareholders’ agreement. All parties have a basic responsibility to comply with the terms of the agreement. If your rights under a shareholder agreement have been violated, you can take legal action to seek a remedy in court — either in the form of injunctive relief, financial compensation, or some combination of both. **Withholding of Important Documents, Records, or Information** In Illinois, the primary right of shareholders is the right to access of otherwise confidential information. Under [Section 7.75](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2273) of the Illinois Business Corporation Act, minority shareholders have the right to inspect a wide variety of different documents and records — potentially including a corporation’s financial books and the minutes of certain meetings. The law does have some limitations. A shareholder can only inspect records for a “proper purpose.” Disputes can arise over when and how a minority stakeholder gets access to sensitive records. **Refusal to Pay Out Equitable Distributions** In many cases, minority shareholders receive a share of the company’s earnings. Often paid out in the form of dividends, these distributions are the ongoing financial rewards making investing in a successful business worth it. Of course, companies generally have no duty to pay out distributions to shareholders. Whether or not they want to do so is, on the most fundamental level, a business decision. However, when companies make distributions, they must do so in an equitable manner, which respects the rights of all classes of shareholders. **Attempting an Improper ‘Squeeze-Out’ of Minority Shareholder** According to the [Cornell Legal Information Institute](https://www.law.cornell.edu/wex/squeeze-out), a shareholder squeeze-out occurs when minority holders are all but required to sell their stake in the business. Squeeze-outs are regulated by state law. In Illinois, minority shareholders must be paid fair value for their holdings in the company. A shareholder who is facing an abusive squeeze-out or a forced sale can bring a legal claim to protect their financial interests. **Contact Our Chicago, IL Shareholders’ Right Lawyers for Help** At North Suburban Legal Services LLC, our Illinois shareholders’ rights attorneys are skilled, results-focused advocates for clients. If you believe your rights as a minority shareholder are being abused, we are ready to help. To request a free, fully private initial consultation, please [contact our law firm](https://www.nslslaw.com/contact-us.html) right away. With an office in Chicago, we represent shareholders throughout Northern Illinois, including in Naperville, Schaumburg, Evanston, Joliet, and Aurora. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Shareholder Protection Lawyer --- ### [Unemployment Defense in Illinois: What to Know About Employee Misconduct](https://nslslaw.com/unemployment-defense-in-illinois-what-to-know-about-employee-misconduct/) **Published:** March 25, 2020 **Author:** admin **Content:** In Illinois, unemployment benefits provide much needed financial protection to individuals who have lost a job. Employers pay into the program to ensure funds are available for workers who need to make a claim. However, not every unemployed person is entitled to receive such benefits. An employee terminated for “misconduct” may be ineligible for benefits, however, it is up to the employer to challenge the unemployment claim. In this article, our [Chicago unemployment defense attorneys](https://www.nslslaw.com/practice-areas/employment.html) explain the most important things employers need to know about contesting an unemployment claim on the grounds of employee misconduct. Employees Fired for Misconduct May Be Disqualified for Unemployment Benefits Under the [Illinois Unemployment Insurance Act](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2434&ChapterID=68), companies and organizations have the right to challenge a claim for unemployment benefits for “employee misconduct.” More specifically, there are eight (8) grounds for disqualifying a former worker for unemployment benefits based on misconduct, which are: - The falsification of an application or other records used to get the job; - The failure to obtain or maintain a required professional license; - Repeated violation of a workplace attendance policy after receiving an official written warning; - Causing damage to an employer’s property through gross negligence or intentional misconduct; - Outright insubordination against an employer’s lawful instructions or policies; - Consumption of drugs or alcohol on the employer’s premises or a worksite during work hours; - Showing up to the job under the influence of alcohol or a banned substance; and - Otherwise grossly negligent conduct, which threatens the safety of others. According to the Illinois Supreme Court, these are not necessarily the only grounds an employer can use to disqualify a former worker from getting unemployment benefits. Though often somewhat more challenging, employers can also fight against benefits by proving “deliberate and willful” violation of express workplace policies. **Illinois Unemployment Defense: The Burden of Proof is on the Employer** Challenging an unemployment claim is not necessarily easy — even in cases involving workplace misconduct. In these cases, the burden of proof is always on the employer. If you are disputing an unemployment claim, you must be prepared to present comprehensive, well-organized evidence establishing a claimant’s ineligibility for benefits. **Why Employee Unemployment Claims Matter to Employers** If one of your former workers is collecting unemployment benefits in Illinois, your “account” will be “charged” for them — the higher the rate of workers’ collecting benefits, the higher your contribution rate to the Illinois unemployment insurance system. For this reason, employers may want to dispute unemployment claims filed by people who were terminated for their own misconduct. **Contact Our Chicago, IL Employment Lawyer for Immediate Assistance** At North Suburban Legal Services LLC, our Illinois employment law attorneys are skilled, results-oriented advocates for companies and organizations. If you have questions about your rights or options, we can help. To arrange a confidential consultation, please [contact us](https://www.nslslaw.com/contact-us.html) at (312) 909-6089. From our law office in Chicago, we represent employers throughout the region, including in Cook County, Lake County, DuPage County and Kane County. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Unemployment Defense Lawyer --- ### [Intellectual Property Law: Your Guide to Trademark Dilution Claims](https://nslslaw.com/intellectual-property-law-your-guide-to-trademark-dilution-claims/) **Published:** August 28, 2019 **Author:** admin **Content:** Trademark infringement occurs when an unauthorized party uses a mark or symbol in a manner that is likely to confuse reasonable consumers regarding the source of goods or services. Though, an infringement lawsuit is not the only type of trademark action that is available under U.S. law. Beyond infringement, companies may also be able to protect their brand through a trademark dilution claim. A trademark dilution lawsuit allows trademark holders to take action to stop other parties from using their ‘mark’ in a way that would reduce its uniqueness or tarnish it – even though it might not cause confusion in the minds of consumers. If you are considering bringing a trademark dilution claim or if a trademark dilution lawsuit has been filed against your company, you should seek professional representation. An [intellectual property lawyer representing businesses in Chicago](https://www.nslslaw.com/practice-areas/business.html) can help protect your rights. **What are the Required Elements of a Trademark Dilution Claim?** The [Trademark Dilution Revision Act (TDRA)](https://www.govinfo.gov/content/pkg/PLAW-109publ312/pdf/PLAW-109publ312.pdf) is a 2006 federal law that allows businesses to take action to preserve the underlying value of their trademark. In order to bring a successful trademark dilution claim under the TDRA, an Illinois business must establish the following: 1. The trademark in question was distinctive enough to warrant legal protection; 2. The plaintiff actually used the trademark for a valid commercial purpose; 3. The defendant used the ‘diluting’ mark after the plaintiff’s trademark was already known; and 4. The plaintiff suffered actual brand damage as a result of the trademark dilution. Notably, trademark dilution claims typically fit into one of two categories: blurring and tarnishment. Blurring is the more common form of trademark dilution. It occurs when another company uses a protected mark in a manner that impacts the value of the plaintiff’s brand – but does not create customer confusion. Tarnishment, the less common form of trademark dilution, occurs when another party associates a company’s brand with offensive or otherwise problematic conduct, products, or content. **Businesses Need to Take Immediate Action to Protect Intellectual Property Rights** As was mentioned, trademark dilution is closely related to trademark infringement. Still, it is a distinct legal claim. In some cases, businesses may have both infringement and dilution claims. With any intellectual property issue, it is crucial companies take immediate action. If you fail to file a trademark dilution action within the appropriate amount of time, you may lose your ability to do so. Our Chicago intellectual property lawyers can help protect the rights and interests of your business. **Speak to Our Chicago, IL Trademark Law Attorneys Today** At North Suburban Legal Services LLC, we provide strong, effective legal guidance to companies throughout Illinois. Our Chicago intellectual property lawyers have the skills and experience needed to handle the complete range of trademark dilution claims. To schedule a free, no obligation consultation, please call us at (312) 909-6089 or [contact us](https://www.nslslaw.com/contact-us.html) through our website. We represent companies in Chicago, Cook County, and throughout the surrounding communities. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Business Law Attorney --- ### [Three Things You Need to Know About the IRS Fresh Start Program](https://nslslaw.com/three-things-you-need-to-know-about-the-irs-fresh-start-program/) **Published:** July 2, 2018 **Author:** admin **Content:** If you have fallen behind on your federal taxes, you are certainly not alone. While owing money to the IRS can be stressful, frustrating, and intimidating, it is important to remember that you do have repayment options available. Notably, in the [Internal Revenue Service Restructuring and Reform Act of 1998](https://www.gpo.gov/fdsys/pkg/PLAW-105publ206/html/PLAW-105publ206.htm), Congress created important tax relief options for those in need. Since that time, the IRS has expanded and improved the available tax relief options. In this article, our top-rated [Chicago IRS tax lawyers](https://www.nslslaw.com/practice-areas/tax/irs-tax-lawyers.html) explain the most important thing that you need to know about the IRS Fresh Start Program. **1. The Program is Designed to Help Taxpayers Get Back on Track** Fundamentally, the IRS Fresh Start Program was created to help delinquent taxpayers to find a path back to financial stability. For different taxpayers, different options are available. In some cases, taxpayers may be able to extend their payment period, catching up without incurring financially crushing penalties. In other cases, taxpayers may be able to avoid and remove cumbersome tax liens. Further, when necessary, the IRS Fresh Start Program offers some taxpayers a way to remove tax debt that they simply cannot afford to pay. **2. The Fresh Start Program is a Set of Tax Relief Measures** The IRS Fresh Start Program is complicated. There is no single, simplified form that you will need to submit to access your options. This is because the program is actually a series of tax relief measures. Some of the most useful options that are available to taxpayers under this program include the following: **– Installment agreements**: This provides many taxpayers with the ability to get an account back in good standing by repaying tax debt over a period of up to 72 months. **– [Lien removal](https://www.nslslaw.com/practice-areas/tax/irs-lien-removal.html):** If a lien has been placed on your property, you may be able to get it removed through the Fresh Start Program. **– Penalty relief**: There are always penalties associated with delinquent tax debt. This program allows qualified taxpayers to limit and reduce many of these penalties. **– [Offer in compromise](https://www.nslslaw.com/practice-areas/tax/offer-in-compromise.html)**: You may be eligible to settle your tax debt for less than you currently owe, perhaps by a significant margin. **3. If You Want to Know If You are Eligible, Speak to a Lawyer** If you owe back taxes to the IRS, you should explore all of your available tax relief options. The system is complex. It can be difficult to determine exactly what options are available to you. As such, it is highly recommended that you seek guidance from an experienced tax relief lawyer. Your lawyer can conduct a comprehensive review of your case and determine the best tools to protect your financial interests. Tax debt will not disappear on its own: the sooner you take action, the better off you will be. **Get Help from Our Chicago Tax Debt Attorneys Today** At North Suburban Legal Services LLC, our dedicated Chicago tax debt attorneys are committed advocates for taxpayers. If you have delinquent tax debt and want to know more about the IRS Fresh Start Program, we can help. For a free consultation, please do not hesitate to [contact our law firm](https://www.nslslaw.com/contact-us.html) today at (312) 313-4038. With an office in the heart of Chicago, we represent taxpayers throughout the region, including in Oak Lawn, Oak Park, Des Plaines, Evanston, Orland Park, Arlington Heights, and Schaumburg. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Tax Debt Attorney --- ### [The IRS Rejected My Offer in Compromise (OIC): What Happens Now?](https://nslslaw.com/the-irs-rejected-my-offer-in-compromise-oic-what-happens-now/) **Published:** June 14, 2018 **Author:** admin **Content:** If you have serious tax debt, and you cannot pay back the full amount to the Internal Revenue Service (IRS), you may be able to reach a settlement with the agency. In order to be eligible to ***pay back your IRS tax debt for less than you owe***, you must submit an offer in compromise (OIC) and have your offer approved by the agency. If your OIC has been denied, you are not necessarily out of luck. All U.S. taxpayers have the right to file an appeal regarding the denial of their proposed offer in compromise. However, you only have limited to appeal the initial decision. If the IRS has rejected your offer in compromise, it is imperative that you act quickly to protect your rights. Here, our experienced [Chicago IRS tax debt settlement lawyers](https://www.nslslaw.com/practice-areas/tax/offer-in-compromise.html) explain what happens after your offer in compromise has been rejected. **You Will Receive a Written Notification Letter From the IRS** Under IRS regulations, the agency is legally required to notify taxpayers in writing regarding any decisions that have been made in regard to their tax obligations. If your offer in compromise has been denied, you will be notified in writing of the denial. Your denial letter should contain more information pertaining to why the IRS made its decision. Please make sure that the IRS has the correct mailing address on file. You can check your information through your [Online IRS Tax Account](https://www.irs.gov/payments/view-your-tax-account). If you have not set up an online account, you may want to do so. It can often make it easier to manage your tax debt, make tax payments, and handle correspondence from the IRS through an online tax account. **You Have a Right to File an Appeal** If your tax debt settlement offer has been denied, you have the legal right to file an appeal. This appeal must be filed with the [IRS Office of Appeals](https://www.irs.gov/government-entities/federal-state-local-governments/appeals-process). This is your first step to continue fighting for a fair, reasonable tax settlement. Under IRS regulations, you must submit your appeal within 30 days of the date that is listed on your OIC denial letter. If you fail to file an appeal during this time frame, you will lose access to an appeal. This means that the IRS may restart active collection proceedings. A lien may be placed on your property and/or a levy may be placed on your bank account. **You Should Consult with an Experienced Chicago Tax Lawyer Immediately** The IRS can reject tax debt settlement offers for a wide range of different reasons. If you believe that you submitted a reasonable offer, and it has been denied by the agency, you need to consult an experienced [Chicago IRS tax lawyer](https://www.nslslaw.com/practice-areas/tax/irs-tax-lawyers.html) as soon as possible. Your lawyer will be able to review your case and help you submit the strongest possible appeal so that you can reach a reasonable settlement with the IRS. At North Suburban Legal Services LLC, our Chicago tax debt attorneys have extensive experience representing the legal rights and financial interests of taxpayers in Illinois. If your OIC was rejected by the IRS, please do not hesitate to [contact our law firm](https://www.nslslaw.com/contact-us.html) today at (312) 313-4038 for your free, fully private consultation. With an office in Chicago, we represent taxpayers throughout the region, including in Cook County, Will County, DuPage County, Lake County, and McHenry County. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Tax Debt Attorney --- ### [What is a Business Acquisition Agreement?](https://nslslaw.com/what-is-a-business-acquisition-agreement/) **Published:** July 31, 2019 **Author:** admin **Content:** A business acquisition agreement – also frequently referred to as a business purchase agreement, offer of business agreement, or a business transfer agreement – is a contract between the buyer and seller of a commercial entity. It is the contract that will govern the sale and transfer of the ownership rights of a business. Whether you are preparing to buy or sell a business in Illinois, it is imperative you have a well-structured business acquisition agreement in place. Here, our [Chicago commercial law attorneys](https://www.nslslaw.com/practice-areas/business.html) highlight some of the most important things you need to know about business acquisition agreements. **The Agreement Controls the Terms** The business acquisition agreement will control the terms of the sale of a company. This is the most important thing you need to know: Business acquisition agreements should be customized to meet your specific needs. It is the most important document for companies involved in the buying or selling of a commercial entity. Among other things, a business purchase agreement will set forth several different contract terms, including: - The sale price; - The precise ownership stake of each party; - Restrictive covenants, including non-competes or non-solicitations; - Confidentiality or non-disclosure clauses; and - The ongoing obligations of each party, or lack thereof. **Negotiating an Effective Acquisition Agreement** If you or your company is considering buying or selling a business, it is essential you seek guidance from an experienced Chicago commercial law attorney. Business acquisition agreements should be carefully negotiated by a skilled professional. Your legal representative will ensure the agreement effectively protects your rights and interests. Notably, under Illinois contract law, parties to a business purchase agreement have a duty to make fair, honest and accurate representations and to disclose relevant information from the other parties involved in the deal. As explained by the [Cornell Legal Information Institute](https://www.law.cornell.edu/wex/fraudulent_misrepresentation), individuals and companies can be held legally liable for a fraudulent misrepresentation. **How to Close the Deal** Once an agreement has been negotiated, drafted and reviewed, your Chicago, IL business lawyer will help close the deal and execute the contract. At closing, the purchasing entity will pay the business seller the agreed upon price. From there, the company selling the business will offer an official bill of sale to the purchaser. In addition, title to the business will also be transferred to the party that bought the business. A Chicago commercial law attorney who has experience handling business purchase agreements will be able to help you close the deal in an efficient manner. **Get Guidance from Our Chicago, IL Business Law Attorneys Right Away** At North Suburban Legal Services LLC, our Chicago commercial law attorneys represent clients across a wide range of business law matters. If you need assistance with a business acquisition agreement, we are ready to help. Set up a free, completely confidential consultation. [Contact our legal team](https://www.nslslaw.com/contact-us.html) by calling (312) 909-6089. We are proud to represent businesses in Chicago and throughout Northern Illinois. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Business Law Attorney --- ### [Are You Trying to Get an IRS Lien Removed from Your Credit Report? Read This](https://nslslaw.com/are-you-trying-to-get-an-irs-lien-removed-from-your-credit-report-read-this/) **Published:** October 4, 2018 **Author:** admin **Content:** Dealing with a tax lien from the IRS is intimidating and frustrating. Worse yet, an IRS tax lien can follow you for years. Even if you pay off the lien (in full), it will likely still show up on your credit report for seven years if you do not take action. The good news: Whether you have already paid the lien or it is still outstanding, you may be eligible to have that tax lien permanently removed from your credit report. At North Suburban Legal Services LLC, our top-rated [Chicago IRS lien removal lawyers](https://www.nslslaw.com/practice-areas/tax/irs-lien-removal.html) are committed advocates for taxpayers. We offer a full range of tax law services. If the IRS placed a lien on your property, we will work to protect your financial interests, including taking the appropriate action to get the tax lien removed from your credit report. **Three Things You Need to Know About Getting the IRS Lien Off Your Credit Report** 1. ***It Can Take Seven Years for a Fully Paid IRS Lien to ‘Roll Off’ On Its Own*** In the United States, credit reporting issues are governed by the [Fair Credit Reporting Act (FCRA)](https://www.consumer.ftc.gov/articles/pdf-0096-fair-credit-reporting-act.pdf). As a general rule, all adverse information that is included within a person’s credit reporting takes seven years to naturally ‘roll off’ the report. This is true for IRS liens. If an IRS lien appears on your report, that information will remain on the report for seven years. This is true even if you pay the lien – ***unless you take action***. 2. ***A Withdrawn IRS Tax Lien May Be Removed Immediately*** Under the [IRS Fresh Start Program](https://www.nslslaw.com/three-things-you-need-to-know-about-the-irs-fresh-start-program.html), the agency dramatically expanded its authority to withdraw tax liens. A lien that has been paid but not withdrawn will remain on your credit report. However, a lien that has been withdrawn by the IRS can be removed immediately. To get a lien withdrawn, a taxpayer should fill out [Form 12277, Application for Withdrawal of Notice of Federal Tax Lien](https://www.irs.gov/pub/irs-pdf/f12277.pdf). To qualify, the lien must either be paid, or the taxpayer must enter into a direct debit installment agreement with the IRS. This is where a Chicago tax attorney can be extremely helpful. If you owe a significant amount of money to the IRS and a lien has been placed your property, your lawyer can help you reach a settlement with the IRS and work to get the lien removed from the property. 3. ***Taxpayers Should Reach Out to the Credit Reporting Agencies Directly*** The major credit reporting agencies have a duty to look through public records to update information. Unfortunately, IRS liens that have been withdrawn are sometimes not updated for months or even years on credit reporting records. If you successfully got your lien withdrawn, you need to be proactive with the credit agencies: you should contact the agency directly with proof of the removal of your lien. The credit reporting agency has a legal duty to take that lien off of your report for good. **Get Help from an IRS Lien Removal Attorney in Chicago, IL** At North Suburban Legal Services LLC, our Illinois tax law attorneys have deep experience handling claims involving IRS liens. If you need help getting an IRS lien removed from your credit report, please do not hesitate to [contact our legal team](https://www.nslslaw.com/contact-us.html) at (312) 909-6089 to request a free, no obligation consultation. From our office in Chicago, we serve communities throughout Northern Illinois, including in Will County, Kane County, Lake County, McHenry County, and Cook County. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** IRS Lien Removal Attorney --- ### [Payroll Tax: What is the Trust Fund Recovery Penalty?](https://nslslaw.com/payroll-tax-what-is-the-trust-fund-recovery-penalty/) **Published:** February 27, 2020 **Author:** admin **Content:** Payroll taxes are paid by an employer on behalf of an employee. These taxes are used to fund key public programs, including Social Security, Medicare, Medicaid and unemployment insurance. When companies withhold money for payroll taxes, those funds are being held in trust — they must be paid on time, in full. Should an employer fail to pay the amount of payroll taxes owed to the IRS, harsh sanctions may follow. In fact, a business or organization could be hit with a stiff fine called the Trust Fund Recovery Penalty (TFRP). Here, our [Chicago, IL payroll tax attorneys](https://www.nslslaw.com/practice-areas/tax/payroll-tax-lawyers.html) explain the most important things employers need to know about the TFRP. **The Trust Fund Recovery Penalty: 100 Percent of the Unpaid Payroll Tax** Employers that withhold and deposit payroll taxes have a legal duty to do so in a competent and accurate manner. Of course, mistakes can and do happen. Should there be an accounting error, an employer should take immediate action to attempt to resolve it. If an employer is deemed to have willfully failed to make the full payroll tax payments, they will be charged a Trust Fund Recovery Penalty. As explained by the [Internal Revenue Service (IRS)](https://www.irs.gov/individuals/international-taxpayers/trust-fund-recovery-penalty), the TFRP is equal to the amount of unpaid payroll taxes plus interest. In other words, the TFRP is a 100 percent fee. As an example, imagine the IRS determines a Chicago employer willfully failed to pay $16,000 in payroll taxes. In this scenario, the employee will owe the full amount of payroll taxes ($16,000) plus a 100 percent penalty (an additional $16,000), plus interest on the full $32,000. **Payroll Tax Problems? Your Company May Still Be Able to Avoid Penalty Fees** If your company or organization has run into payroll tax problems, it is imperative you seek guidance from an experienced professional. The TFRP is a stiff fine. Further, the IRS is notoriously aggressive in imposing this fine on employers. The good news is you may still be able to avoid facing this penalty. Under IRS regulations, the government must demonstrate willfulness in order to charge a defendant a 100 percent penalty fee. Willfulness is defined as intentional disregard of the law or gross indifference to legal requirements. Our Chicago payroll tax lawyers will investigate the specific circumstances of your case and help you take action to protect the rights and financial interests of your business. **Call Our Illinois Payroll Tax Lawyers for Immediate Assistance** At North Suburban Legal Services LLC, our Chicago payroll tax attorneys are skilled and solutions-oriented advocates for businesses and employers. If you have questions about the payroll tax Trust Fund Recovery Penalty, we are here to help. To arrange a free, completely confidential case evaluation, please [contact our legal team](https://www.nslslaw.com/contact-us.html) today at (312) 909-6089. With a law office in Chicago, we serve employers throughout Northern Illinois, including in Cook County, DuPage County and Will County. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Payroll Tax Attorney --- ### [A Business Must Protect Its Intellectual Property](https://nslslaw.com/a-business-must-protect-its-intellectual-property/) **Published:** January 3, 2019 **Author:** admin **Content:** In the modern business world, intellectual property (IP) is more important than ever. IP covers far more than mere ‘ideas’ or a ‘concepts’; it covers genuine business assets — assets that may be fundamental to the success of the company. Whether it is protecting the image of a brand, securing a copyright for important material, or obtaining a patent for an innovative product, companies must take proactive measures to protect their intellectual property. Here, our top-rated [Chicago business lawyers](https://www.nslslaw.com/practice-areas/business.html) provide four tips for business owners looking to protect their IP rights. 1. **Identify Your Intellectual Property** You cannot protect something unless you are actually aware it exists. This seems obvious enough, but many businesses fail to clearly identify and articulate exactly what they need to protect. All companies should take a basic inventory of their intellectual property. 2. **Assess the Value of IP to Your Business** When all relevant IP is identified, its value to the business must be ascertained. From trade secrets to trademarks, you need to know exactly what all of your IP is actually worth to your business. Valuable IP must be vigorously protected. On the other hand, it may not make financial sense to put much in the way of resources behind protecting IP that offers only limited value. 3. **Be Proactive: It Helps to Act First** When it comes to protecting IP rights, businesses can benefit from acting quickly. In many areas of intellectual property law, the first company to take official action will be in a far better shape. This is true even if you are not legally required to act first to protect or establish intellectual property rights. For example, if your business created an innovative new product, patent eligibility should be explored. The first company to [file with the United States Patent and Trademark Office (USPTO)](https://www.uspto.gov/patents-application-process/file-online) will be in the best position to be granted rights. While the U.S. technically has a ‘first-to-invent’ rule and not a ‘first-to-register’ rule, it is difficult — and often costly — to prove first invention if no patent was ever filed. Even in areas where official registration is not required — such as copyright law — it is highly recommended that you take proactive steps to protect intellectual property rights. 4. **Do Not Let Infringement Stand Unchallenged** Finally, businesses need to react swiftly when their intellectual property rights have been or are actively being violated. Whether it is the unauthorized disclosure of a protected trade secret, violation of a copyright, or another company diluting the value of a brand or trademark, it is imperative that a business takes the proper steps to remediate the problem. Depending on the specific nature of your case, you may want to consult with a Chicago business attorney who has experience with intellectual property law issues. Your attorney can help you prepare a cease and desist letter if need be. From there, a lawyer will be able to take whatever action is necessary to protect the legal rights and financial interests of your business. **Contact Our Chicago, IL Business Law Attorneys Today** At[ North Suburban Legal Services LLC](https://www.nslslaw.com/contact-us.html), our top-rated Chicago business lawyers have extensive experience representing and advising Illinois companies on matters related to intellectual property. To find out more about what we can do for you, please do not hesitate to reach out to our law office today at (312) 909-6089. We look forward to assisting you. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Business Lawyer --- ### [Retirement Planning for Business Owners in Chicago](https://nslslaw.com/retirement-planning-for-business-owners-in-chicago/) **Published:** June 26, 2019 **Author:** admin **Content:** Many people currently do not have a proper retirement plan in place. Indeed, the [AARP](https://www.aarp.org/money/investing/info-2017/half-of-adults-do-not-have-wills.html) reports 60 percent of American adults lack core estate planning documents. [CNBC](https://www.cnbc.com/2018/08/27/1-in-3-americans-have-less-than-5000-dollars-saved-for-retirement.html) reports a large percentage of Americans have not saved enough for their retirement. For business owners, careful and fully personalized retirement planning is especially important. A business owner who lacks a well-constructed retirement plan will likely leave money on the table. Even worse, their company may run into serious problems in the future. In this post, our skilled [Chicago business law attorneys](https://www.nslslaw.com/practice-areas/business.html) highlight some of the most important things Illinois business owners need to know about retirement planning. **Retirement Accounts for Small Business Owners** Business owners have several different personal retirement planning options available. In developing the best strategy, it is crucial to remember the number one adage of retirement planning is: Do not put all your eggs in one basket. Business owners need to diversify. You cannot rely on your company, or any other single source of savings or assets, to support you during retirement. Some of the best retirement planning options for business owners in Northern Illinois are as follows: - Setting up a Simplified Employee Pension Individual Retirement Account (SEP IRA); - Creating a Savings Incentive Match Plan for Employees Individual Retirement Account (SIMPLE IRA); - Putting money into a 401(k); and - Developing a traditional pension plan. There are benefits and drawbacks to each of these options. It is advisable to build a retirement plan that uses more than one of these retirement options. All business owners should consult with an experienced professional who can offer guidance that is well-suited to their specific situation. In some cases, business owners may be able to reduce their tax liability now and produce additional savings and growth in the future. **The Importance of Business Succession Planning Beyond saving enough money for retirement, business owners also need to consider the future of their company. Every business owner should have a carefully crafted business succession plan ready to go. Whether you are a sole proprietor, a member of a partnership, or you own a large stake in an LLC or corporation, it is imperative a business succession plan is in place. Without a proper succession plan, the company may struggle to survive if you choose to — or are forced to — retire from the firm. Succession planning is especially important for small business owners. Among other things, the plan should include: - Selection of a successor or a clear process for choosing a successor; - A formalized training procedure; and - Details for how the plan should be carried out. **Get Help From Our Chicago Business Lawyers Today** At North Suburban Legal Services LLC, our Chicago, IL business law attorneys provide effective and sophisticated legal representation to small and midsize business owners. To learn more about what we can do for you, please [contact our law firm](https://www.nslslaw.com/contact-us.html) today at (312) 909-6089 for a free, strictly confidential initial consultation. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Business Lawyer --- ### [What is a Shareholder Derivative Lawsuit?](https://nslslaw.com/what-is-a-shareholder-derivative-lawsuit/) **Published:** November 29, 2019 **Author:** admin **Content:** An individual shareholder — typically, a minority shareholder — may be able to bring a lawsuit on behalf of the corporation without getting approval from the board of directors. This type of legal action is called a shareholder derivative lawsuit. As a general matter, derivative lawsuits are filed against a third party that is alleged to have wronged the corporation. In this article, our [Illinois shareholders’ rights lawyers](https://www.nslslaw.com/practice-areas/business.html) explain what you need to know about derivative lawsuits. **Types of Shareholder Derivative Lawsuits** A shareholder derivative lawsuit can be filed in a wide range of different circumstances. As was mentioned above, derivative claims are brought by shareholders on behalf of a company. If a corporation was wronged, a derivative lawsuit may be appropriate. Some of the most common examples of shareholder derivative lawsuits include: - Breach of fiduciary duty claims; - Allegations of fraud; - Self-dealing or other insider conflicts of interests; - Waste or abuse of company assets; - Improper executive compensation; and - Complaints over management/board decisions. **Why are Shareholder Derivative Lawsuits Filed?** You may notice the list of common shareholder derivative lawsuits centers around allegations of wrongful actions by board members, executives and other corporate insiders. This is an important point: most often, the primary reason why shareholder derivative lawsuits are filed is because the corporation’s directors and/or decision-makers have declined to take legal action. Of course, a corporation’s decision-makers can file a lawsuit in a more direct manner. They do not need minority shareholder approval to do so. However, if, for whatever reason, a minority shareholder believes corporate managers are declining to pursue a valid legal claim, then that individual can bring a derivative lawsuit. By doing so, they could potentially protect the company’s interests and their shareholder rights. **Derivative Lawsuits are Complicated: Shareholders Must Comply with Pre-Suit Requirements** Shareholder derivative lawsuits are among the most complex types of legal claims. In most states, including Illinois, there are strict pre-suit requirements that must be met before any legal claim can proceed. Most importantly, minority shareholders generally need to give notice of their complaint to the board and to other corporate directors. In some cases, the issue may be resolved without a derivative claim ever being filed in court. The board may decide to back a shareholder’s complaint and file a lawsuit in a more direct manner. However, that is not always the case — especially if the underlying dispute involves alleged misconduct by a high-ranking corporate official. If you are considering bringing a derivative lawsuit, it is imperative you consult with an experienced Chicago shareholders’ rights lawyer. **Contact Our Chicago, IL Shareholders’ Rights Attorney Today** At North Suburban Legal Services LLC, our top-rated Illinois shareholders’ rights attorneys are skilled and effective advocates for our clients. Do you have questions or concerns about shareholder derivative lawsuits? We are here to help. To arrange a free, fully private consultation, please [contact our legal team](https://www.nslslaw.com/contact-us.html) right away. With a law office in Chicago, we represent shareholders in Cook County and throughout Northern Illinois. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Business Law Attorney --- ### [An Overview of Minority Shareholder Rights in Illinois](https://nslslaw.com/an-overview-of-minority-shareholder-rights-in-illinois/) **Published:** February 7, 2019 **Author:** admin **Content:** ![Shareholder Rights](https://www.nslslaw.com/wp-content/uploads/2019/02/North-Suburban-1-An-Overview-of-Minority-Shareholder-Rights-in-Illinois-300x200.jpg "Shareholder Rights - North Suburban Legal Services LLC")By definition, a minority shareholder lacks total control over the direction of a corporation. In this disadvantaged position, minority shareholders are exposed to certain risks. Unfortunately, in some cases, majority shareholders and corporate insiders improperly take advantage of vulnerable minority shareholders. Illinois law offers minority shareholders some much needed legal protections. In this article, our top-rated [Chicago shareholder rights attorneys](https://www.nslslaw.com/practice-areas/business.html) provide an overview of some of the most important things that minority shareholders need to know about their legal rights. **Three Things to Know About Minority Shareholder Rights** **1. Minority Shareholders Have Inspection Rights** Under Illinois law ([805 ILCS 5/7.75](http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=080500050K7.75)), minority shareholders in closely held corporations have the same inspection rights as do other shareholders. These rights give minority shareholders the ability to access privileged information. This is important: inspection rights can offer protection against self-dealing by unscrupulous corporate insiders. Among other documents and records, minority shareholders in Illinois may be able to access and review the books, records of accounts, and corporate minutes. **2. Shareholder Oppression: Remedies are Available** Illinois law ([805 ILCS 5/12.56(12)](http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=080500050K12.56)) provides certain remedies to minority shareholders whose legal rights have been violated by the majority shareholders or by the officers of a corporation. This violation of rights is often referred to as ‘shareholder oppression’. Shareholder oppression happens when minority shareholder(s) are unfairly prejudiced by the actions of the majority. This could involve anything from fraud to self-dealing. When shareholder oppression occurs, affected minority shareholders can take legal action to protect their rights. Several remedies are available, including setting aside the improper corporate actions, the removal of certain officers or directors, the payment of overdue dividends, the award of financial damages, and an order of a fair buyout for the minority shareholder. When no other remedy is sufficient, an oppressed minority shareholder may even have the ability to force the dissolution of the corporation. **3. Minority Shareholders Must Be Ready to Take Action** Minority shareholders — particularly those in a closely-held corporation — are in an especially vulnerable position. For this reason, minority shareholders always need to be ready to take action to protect their legal rights and financial interests. Quick action is a must. The longer a violation lingers, the more difficult it will be for a minority shareholder to protect themselves. If you are a minority shareholder in Illinois, and you believe that you have been a victim of shareholder oppression or if you believe that your shareholder rights have been violated in any other way, it is imperative that you consult with an experienced business lawyer immediately. **Get Help from Our Chicago Shareholder Rights Lawyers Today** At [North Suburban Legal Services LLC](https://www.nslslaw.com/contact-us.html), our Chicago business lawyers have the skills and experience needed to protect the rights of minority shareholders. To find out more about what we can do for you, please do not hesitate to contact our legal team at (312) 313-4038. Initial consultations are fully confidential and free of charge. With an office in Chicago, we represent minority shareholders throughout Illinois. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Business Lawyer --- ### [Is Your Company Facing a Payroll Tax Audit? Here are Four Steps to Help You Prepare](https://nslslaw.com/is-your-company-facing-a-payroll-tax-audit-here-are-four-steps-to-help-you-prepare/) **Published:** May 7, 2019 **Author:** admin **Content:** Payroll taxes are imposed on both employers and employees. In accordance with federal law, the Internal Revenue Service (IRS) has put certain rules and regulations in place that businesses must follow in order to be in compliance with payroll tax laws. The agency conducts payroll tax audits on a regular basis. For a business, facing an audit can be stressful and confusing. But, it is not the end of the world. Indeed, payroll tax audits are often conducted as a matter of standard procedure. In this article, our experienced [Illinois payroll tax lawyers](https://www.nslslaw.com/practice-areas/tax/payroll-tax-lawyers.html) highlight four things business owners should do when facing a payroll tax audit from the IRS. 1. **1. Understand the Extent of the Audit** As a starting point, business owners should understand the extent of the payroll tax audit their company is facing. Payroll tax audits vary widely in scope. In some cases, the IRS will conduct a routine audit of a company. They may simply ask a business to submit a few additional financial records. In other cases, the IRS will conduct audits after catching a supposed ‘red flag’ in a tax return. They may send an agent in person to conduct the audit; and there may be extensive follow up question. Business owners need to know exactly what type of audit they are facing. 2. **2. Carefully Organize All Relevant Financial Records** You cannot respond properly to a payroll tax audit without well-organized financial documents and records. As soon as your company receives an audit letter from the IRS, you should take immediate action to secure all relevant documents and records related to payroll taxes. The more detailed information you have in your possession, the better. 3. **3. Never Ignore IRS Correspondence or IRS Requests for Information** Another key to preparing for an IRS payroll tax audit is avoiding the single biggest mistake companies in Illinois make: Ignoring a request for information from the IRS. The IRS is not simply going to go away. The failure to work with the agency could land a company in serious trouble. In addition, not taking immediate action could foreclose some of the potential options for settlement. 4. **4. Be Ready to Get Professional Help** Business owners facing a payroll tax audit should always be ready to seek guidance from an experienced Illinois tax attorney. Payroll taxes are complicated. IRS audits are complicated. Your tax lawyer will ensure the rights and interests of your company are protected. Remember, companies have the legal right to appeal any payroll tax audit decision. Though, you may have as little as [30 days to initiate your IRS appeal](https://www.irs.gov/appeals/preparing-a-request-for-appeals). Just because the IRS says your company owes additional payroll taxes does not necessarily mean the IRS is correct in their determination. **Contact Our Chicago, IL Payroll Tax Attorneys Today** At North Suburban Legal Services LLC, our Illinois payroll tax attorneys are committed to providing sophisticated and effective legal guidance to businesses facing inquiries from the Internal Revenue Service. If you have questions about payroll tax audits or your company is facing potential enforcement action from the IRS, please do not hesitate to [contact our Chicago law office](https://www.nslslaw.com/contact-us.html) at (312) 909-6089 for a strictly confidential consultation. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Business Law Attorney --- ### [Five Key Provisions in a Commercial Lease](https://nslslaw.com/five-key-provisions-in-a-commercial-lease/) **Published:** April 4, 2019 **Author:** admin **Content:** Chicago’s commercial rental market is extremely competitive. According to data from the [National Association of Realtors (NAR)](https://www.nar.realtor/sites/default/files/documents/2018-q2-commercial-real-estate-market-survey-09-07-2018.pdf), commercial leasing rates are rising all across the country. If you are considering renting commercial space for your business, it is crucial that you are able to find a unit that is well-suited for your company’s unique needs. For businesses, assessing a commercial property involves far more than considering the general location of the real estate, the length of the lease, and the amount of the rent. You need a commercial lease agreement that truly protects the rights and interests of your business. Here, our [Chicago commercial real estate lawyers](https://www.nslslaw.com/practice-areas/business.html) highlight five other key provisions that should always be addressed when drafting a commercial lease. **1. Building Maintenance** A commercial lease should clearly outline each party’s responsibilities in regards to performing maintenance. Although certain maintenance issues may seem obvious – such as the landlord’s duty to repair a broken HVAC system – disputes over maintenance can arise if the commercial lease is ambiguous. **2. Build Out Clause (Improvement and Alterations)** In many cases, a property must be improved or altered before a business can actually use it for a commercial purpose. A build out clause spells out the extent to which the landlord will cover any costs for improvement done to the property. Beyond cost concerns, the commercial lease should also clarify how much discretion a commercial tenant has to make improvements or alterations to the property. **3. Exclusivity Clause** In Chicago, many commercial properties are linked to other properties. For example, a commercial landlord may own a building that has several different units available for commercial tenants. Depending on the nature of your business, it may be advisable to negotiate an exclusivity clause with the landlord. You may not want a landlord to allow a competing business to open next door. **4. Sublease & Termination Options** For a number of different reasons, it is not always possible for commercial tenants to guarantee that they will be able to operate their business for the full term of the lease. A well-drafted commercial lease should explain a tenant’s right to sublease the property or to get an early termination of the lease. **5. Renewal Rights** Finally, business owners always need to consider their renewal rights. Once you have built a successful commercial enterprise at a certain location, you need to know if you will have the right to keep operating there going forward – beyond the terms of the lease. Getting a guaranteed renewal clause or a first priority option can be a very valuable right for Chicago businesses. **Get Help from Our Chicago Commercial Real Estate Lawyers Today** At North Suburban Legal Services LLC, our top-rated Chicago real estate attorneys have the skills and experience required to draft, review, negotiate commercial lease agreements. We also handle all aspects of commercial real estate litigation. To learn more about what we can do for you, please [contact our law firm](https://www.nslslaw.com/contact-us.html) today for a fully confidential, no obligation initial consultation. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Business Law Attorney --- ### [Can I Sell Securities in My Small Business?](https://nslslaw.com/can-i-sell-securities-in-my-small-business/) **Published:** December 4, 2018 **Author:** admin **Content:** To be successful, businesses generally need access to capital. For small businesses, there are several different options available to raise money. One option involves selling securities in the business. Before you even think about selling securities in your business, it is crucial that you have a basic understanding of securities law. United States securities law is notoriously complex. There are certain exemptions that can make the process easier for small business, however, if you offer securities in an unlawful manner, you could find yourself and your business facing serious trouble. If you are considering raising capital in this manner, it is highly recommended that you seek guidance from a [Chicago business law attorney who has experience with securities law](https://www.nslslaw.com/practice-areas/business.html). **Three Things Small Business Owners Should Know About Securities Law** 1. ***1. Federal Securities Law Generally Requires Registration and Disclosure*** Under federal securities law – most notably the [Securities Act of 1933](https://legcounsel.house.gov/Comps/Securities%20Act%20Of%201933.pdf) – businesses are typically required to make certain financial disclosure and to register with the SEC when they are making a securities offering to the public. If your company is required to register its securities offering, you must comply with this requirement. 1. ***2. There are Several Securities Law Exemptions Available to Small Businesses*** For small businesses, there are several securities law exemptions that allow companies to forego the general registration and disclosure requirements. This is valuable for smaller companies because the compliance cost associated with registering and making disclosures can be enormous. A securities law exemption may be available if: - The total size of the securities offering is relatively small; - The securities are being offered to a very limited number of investors; or - The offering is only targeted at sophisticated or accredited investors. If you are considering selling securities in your small business through a registration exemption, whether it is the intrastate offering exemption, the private offering exemption, or Regulation D, it is crucial that you consult with an experienced Chicago securities lawyer. You need to be sure that your securities offering is in full compliance with all relevant federal and state regulations. 1. ***3. Exempt Securities Offerings are Still Covered by Antifraud Provisions*** A securities law exemption allows small businesses to avoid some of the cumbersome, expensive requirements associated with registration and financial disclosure. Certainly, this is important as compliance costs could potentially crush a smaller company. However, securities offerings that qualify for an exemption are still covered by the antifraud provisions in U.S. securities law. If you or your business partners make false or misleading statements in soliciting investment, or if you omit material information in the course or offering securities – even if it is done inadvertently – you and your company may be held legally liable. **Contact Our Chicago Business Lawyer Today** At North Suburban Legal Services LLC, we offer a full range of business law services. If you are considering soliciting investment into your small or mid-sized Illinois business, our legal team can help. For fully confidential legal guidance, please do not hesitate to [contact our law firm](https://www.nslslaw.com/contact-us.html) at (312) 313-4038. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Business Lawyer --- ### [Consequences for Failure to Pay Payroll Taxes](https://nslslaw.com/consequences-for-failure-to-pay-payroll-taxes/) **Published:** September 27, 2019 **Author:** admin **Content:** With all the various tasks to handle when running a business, you can be sure there will be some deadlines you miss, but one deadline you don’t want to miss is paying your payroll taxes (the IRS refers to them as employment taxes). There are several reasons why businesses fail to pay their payroll taxes – your tax depositing schedule changed, you borrowed from payroll tax funds or a natural disaster prevented you from paying taxes on time. Regardless of the reason, if your business has fallen behind and become delinquent on paying its withholding and payroll tax obligation, the IRS and other taxing agencies are authorized to [forcibly collect the taxes due](https://www.justice.gov/tax/employment-tax-enforcement-0), and you will be obligated to pay substantial penalties and accrued interest. Civil and criminal employment tax enforcement is among the U.S. Department of Justice Tax Division’s highest priorities. **What are Payroll Taxes?** As a business, you are required to withhold several employment taxes and insurances from employee paychecks. If you don’t periodically remit these amounts to the U.S. Treasury, the IRS will assess a [failure to deposit penalty ](https://www.irs.gov/irm/part20/irm_20-001-004r)(FTD). Payroll taxes are some of the required employment tax withholdings. These are some taxes you may need to handle: - Federal and state income taxes - Social Security and Medicare taxes (FICA tax) - Federal and state unemployment taxes You must pay the tax even if you failed to withhold the tax from your employee. If a business doesn’t make payments on time, the IRS can impose a penalty for these unpaid taxes, called a Trust Fund Recovery Penalty (TRGP). The IRS can impose the TFRP for: - - Willful failure to collect tax, - Willful failure to account for and pay tax, or - Willful attempt in any manner to evade or defeat the tax or the payment thereof. **Penalties** There are several penalties that can be levied on a business who has failed to pay payroll taxes. The [Publication 15: Employer’s Tax Guide](https://www.irs.gov/pub/irs-pdf/p15.pdf) give a much more in-depth discussion on penalties. These penalties are for withholding and taxes (FICA taxes Form 941) but also may apply to other similar forms. The FTD penalty structure has four tiers, with the penalty amount increasing over time. The amount of the FTD penalty is as follows: - - 2 percent of the unpaid deposit for payments that are 1 to 5 days late - 5 percent for tax payments that are 6-15 days late - 10 percent for deposits that are more than 15 days late or made within 10 days of receiving the first IRS notice requesting a tax payment - 15 percent for deposits not received within 10 days after receiving the first IRS notice demanding payment **Get Help from Our Chicago Payroll Tax Lawyers Today** At [North Suburban Legal Services LLC](https://www.nslslaw.com/contact-us.html), our Illinois payroll attorneys are committed to providing sophisticated and effective legal guidance to small and midsize business owners facing inquiries from the Internal Revenue Service. To learn more about what we can do for you, please [contact our law firm](https://www.nslslaw.com/contact-us.html) today at (312) 909-6089 for a free, strictly confidential initial consultation. With an office in Chicago, we represent taxpayers throughout the region, including in Cook County, Will County, DuPage County, Lake County, and McHenry County. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Payroll Tax Attorney --- ### [Why It Is Crucial to Retain Payroll Attorneys in Chicago](https://nslslaw.com/why-it-is-crucial-to-retain-payroll-attorneys-in-chicago/) **Published:** December 30, 2020 **Author:** admin **Content:** Payroll taxes fund Social Security, Medicare, and other key social insurance programs. As an employer, you need to ensure your company is handling payroll taxes properly. The [Internal Revenue Service (IRS)](https://www.irs.gov/compliance/criminal-investigation/employer-and-employee-responsibilities-employment-tax-enforcement) notes an employer has a basic responsibility to collect and remit employment taxes. Any issues should be addressed in a proactive manner. Here, our [Chicago payroll attorneys](https://www.nslslaw.com/practice-areas/tax/payroll-tax-lawyers.html) explain why it is crucial to retain professional representation if you have payroll tax questions. **Three Reasons to Hire a Payroll Tax Lawyer in Chicago, Illinois** Payroll tax lawyers help businesses, organizations, and entrepreneurs navigate complex federal and state regulations. You may be wondering: How can a payroll tax attorney in Chicago help my business? The answer is payroll tax lawyers can offer guidance with a wide range of different matters. Among other things, a skilled Chicago payroll tax attorney can help with: - **Implementation of Payroll Tax Reporting Procedures:** You should have well-crafted payroll tax reporting and payment protocols in place. With the right system, you can avoid payroll tax problems. An experienced Chicago payroll tax lawyer can help your business or organization create and implement effective payroll tax procedures. - **Resolving Civil Disputes and Reaching a Settlement With the IRS:** Does the IRS say your Chicago-area business owes money in payroll taxes? If so, you are certainly not alone. Mistakes happen. Whether it was the accidental underpayment of payroll taxes or a mistake by the agency, a top-rated Chicago payroll tax lawyer can help you work out a settlement. - **Defense Against a Criminal Payroll Tax Investigation:** As a general matter, payroll tax deficiencies are handled as a civil matter. A business owner could face criminal charges if authorities believe they intentionally falsified payroll records or otherwise committed fraud. If you or your company is facing a criminal payroll tax fraud investigation, it is crucial that you consult with an attorney immediately. **Payroll Taxes are Complicated — Quick Action Helps to Facilitate Solutions** Are you struggling with your company’s payroll tax responsibilities? If so, please know many other companies have had similar issues. With payroll tax matters, a proactive approach can make a tremendous difference. Should you have any payroll problems, it is best to retain a qualified attorney as soon as possible. Whether you are setting up your business or having problems with the IRS, it is much easier to find a cost-effective solution if you take swift action. An attorney will ensure your company takes advantage of all potential opportunities to save money and avoid tax hassles. **Schedule a Confidential Consultation with a Chicago Payroll Lawyer Today** At North Suburban Legal Services LLC, our Illinois payroll tax attorneys have the knowledge and skills to protect your company’s interests. If you have any questions about payroll tax obligations, our legal team is available to help. [Contact us](https://www.nslslaw.com/contact-us.html) now to set up a confidential consultation. We represent companies and organizations throughout the region, including in Chicago, Naperville, Evanston, Joliet, Aurora, and Schaumburg. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Business Lawyer **Tags:** Business Lawyer, Payroll Attorney --- ### [Three Most Common Employer Defenses to Unemployment Claims in Illinois](https://nslslaw.com/three-most-common-employer-defenses-to-unemployment-claims-in-illinois/) **Published:** December 2, 2020 **Author:** admin **Content:** Unemployment insurance helps to support workers who lost a job. In Illinois, the system is funded by contributions from employers. The unemployment insurance rates paid by a business or organization are determined, in part, by the level of unemployment “caused” by that employer. In other words, your company will have to pay more if many of your former employees are filing for benefits. As such, it is sensible for employers to protest unjustified unemployment claims. Illinois puts the burden of proof for challenging unemployment benefits squarely on the employer. Here, our [Chicago unemployment defense attorney](https://www.nslslaw.com/practice-areas/employment.html) highlights three (3) defenses employers can raise to protest a former employee’s claim for unemployment benefits. **How You Might Defend an Unemployment Compensation Claim in Illinois** 1. **The Employee Did Not Meet Work Requirements — At Least on Your Record** To qualify for unemployment benefits in Illinois, an individual must have sufficient recent work history. According to the [Illinois Department of Employment Security (IDES)](https://www2.illinois.gov/ides/IDES%20Forms%20and%20Publications/CLI111L.pdf), work history can be combined across multiple employers. If an employee just started at your company and then was almost immediately terminated, your business might be able to defend the claim on the grounds that the applicant is not eligible for benefits, at least on your record. Generally, this defense is only an option for employees who were removed within the first few weeks of being hired. 2. **The Employee Voluntarily Left their Position** Unemployment insurance is generally designed for people who lost their jobs against their will. In Illinois, you can only apply for unemployment benefits after you quit if you left your position for “good cause.” An employer may be able to defend an unemployment claim on the grounds that they voluntarily quit. When using this defense, it is useful to have a copy of the resignation letter or any other related evidence/information. 3. **The Employee Was Removed for Serious Misconduct** Finally, companies can defend an unemployment compensation claim on the grounds of [employee misconduct](https://www.nslslaw.com/unemployment-defense-in-illinois-what-to-know-about-employee-misconduct.html). In Illinois, an applicant for unemployment benefits may be denied if they were removed from their position if they were fired for serious wrongdoing. Some examples include: - Consistent attendance problem - Extreme insubordination - Severe mistreatment of coworkers - Drug or alcohol use on-premises - Damage to employer property due to gross negligence - Criminal misconduct. As these are some of the most complex unemployment compensation claims to defend, it is crucial that you consult with a qualified [Illinois unemployment defense attorney](https://www.nslslaw.com/practice-areas/employment.html) as soon as possible. Your lawyer will review your case and help you build a strong defense. **Call Our Chicago Unemployment Defense Lawyer for Immediate Help** At North Suburban Legal Services LLC, our Illinois unemployment defense attorneys are skilled, trustworthy advocates for businesses and organizations. If you have questions about protesting an unemployment claim, we can help. [Contact ](https://www.nslslaw.com/contact-us.html)us today for a completely confidential review of your unemployment case. With a legal office in Chicago, we represent employers throughout the entire region, including in Evanston, Aurora, Oak Lawn, Naperville, Elgin, Downers Grove, and St. Charles. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Unemployment Defense Lawyer **Tags:** unemployment defense claims --- ### [Paying Employees in Cash in Illinois: An Overview of Payroll Tax Considerations](https://nslslaw.com/paying-employees-in-cash-in-illinois-an-overview-of-payroll-tax-considerations/) **Published:** October 28, 2020 **Author:** admin **Content:** For several different reasons, both an employer and an employee may want to deal with each other in cash. Under state and federal law, Illinois employers have the right to pay their employees in cash. However, doing so also creates some challenges, particularly around the issue of payroll taxes. In this post, our [Illinois payroll tax lawyers](https://www.nslslaw.com/practice-areas/tax/payroll-tax-lawyers.html) explain the most important things companies and organizations should know about paying employees in cash. **Business Can Pay Employees in Cash, But Must Still Account for Payroll Taxes** When a company opts to pay employees in cash, it does not affect its underlying payroll tax obligations. However, you still need to plan for payroll taxes. According to the [Internal Revenue Service (IRS)](https://www.irs.gov/compliance/criminal-investigation/employer-and-employee-responsibilities-employment-tax-enforcement), employers still have a legal responsibility to report income and employment taxes withheld — regardless of the method by which a worker was paid. If your company or organization pays employees in cash, it is imperative you do the following four (4) things: - You must accurately report wages earned to the IRS; - You must properly withhold payroll taxes; and - You must keep accurate records employee hours worked and wages earned; and - You must be in full compliance with all payroll tax laws. **What to Do if Your Company is Facing an IRS Investigation for a Payroll Tax Violation** Companies that opt to pay employees in cash may be at a higher risk of running into payroll tax questions from authorities. In fact, the IRS sometimes views large cash payments of wages as a sign of tax avoidance strategy. Employers facing an inquiry into their practices need to be proactive. Here are three (3) steps to take if your business or organization is being investigated by the IRS for an alleged payroll tax violation: - **Do Not Panic:** Review all notices you received from the IRS and determine exactly what the agency is alleging/investigating. - **Get Organized:** Carefully prepare all relevant financial documents, records, and information . - **Seek Professional Support:** An experienced Illinois payroll tax lawyer takes action to protect your rights and help you come to the most cost effective, efficient resolution. All payroll tax cases are different. In some circumstances, you may have well-documented evidence taxes were properly withheld and paid. On the other hand, some employees may need to seek an arrangement with the agency to resolve any outstanding payroll tax issue. An attorney will help you chart the best path forward. **Call Our Chicago, IL Payroll Attorneys for Help with Your Legal Case** At North Suburban Legal Services LLC, our Illinois payroll tax lawyers have a comprehensive understanding of state and federal regulations. If you have any questions about paying employees and cash and your payroll tax obligations, we are more than ready to get started on your case. [Contact our law firm](https://www.nslslaw.com/contact-us.html) now for a strictly confidential initial consultation. We represent clients in Chicago, Cook County, and throughout the surrounding region in Northern Illinois. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Payroll Tax Attorney --- ### [When You Need a Payroll Tax Lawyer](https://nslslaw.com/when-you-need-a-payroll-tax-lawyer/) **Published:** September 30, 2020 **Author:** admin **Content:** Does your business or organization have employees? If so, you have a legal obligation to collect (and pay) payroll taxes on their behalf. According to [Investopedia](https://www.investopedia.com/terms/p/payrolltax.asp), payroll taxes fund key federal programs, including Social Security and Medicare. You may be wondering: What can a payroll tax attorney do for my company? Here, our [Chicago payroll tax attorneys](https://www.nslslaw.com/practice-areas/tax/payroll-tax-lawyers.html) highlight four key scenarios when you should seek professional guidance and support. **You Have Questions About Payroll Tax Requirements** Payroll taxes are complicated. It is normal to be confused or overwhelmed by tax matters. Many employers have questions about their legal obligations under state and federal law. If you own or operate a business and have questions about state or federal payroll tax requirements, an experienced Chicago payroll lawyer can help. A lawyer will be able to offer guidance on your responsibilities under the law. **You Need to Establish Reporting and Payment** Your business or organization may need help establishing payroll tax reporting or payment procedures. As the saying goes, an ounce of prevention is worth a pound of cure. With a proper structure in place, you will be able to rest much easier knowing your firm’s payroll tax obligations are being met. Due diligence and planning is key to avoiding payroll tax problems. **You Need to Work Out a Settlement With the IRS** If your Illinois business has run into payroll tax problems, you are certainly not alone. These things happen. An experienced Chicago payroll tax attorney can help you find solutions to your issue. Whether you need to work out a payment plan with the Internal Revenue Service (IRS), settle your payroll tax for less than the full amount owed, or temporarily defer payroll tax obligations, an attorney can help you find the best path forward. No matter the nature of your payroll tax problem, there is always an answer. The worst thing you can do is ignore the issue. The IRS does not and will not go away on its own. **You Were Accused of Falsifying Payroll Tax Returns or Committed Criminal Fraud** Were you accused of falsifying payroll tax returns, altering records, or otherwise violating a criminal tax law? If so, it is imperative you consult with an Illinois payroll tax attorney as soon as possible. While falling behind on your payroll taxes can create significant financial problems for an employer, a willful violation of the law is a far more serious allegation. You could even face a criminal charge — a payroll tax lawyer will protect your rights. **Call Our Chicago Payroll Tax Attorneys for Immediate Help with Your Case** At North Suburban Legal Services LLC, our Illinois payroll tax lawyers provide top quality, solutions-oriented representation businesses and organizations. We are committed advocates for our clients. For a completely confidential initial consultation, please [contact us](https://www.nslslaw.com/contact-us.html) today. From our Chicago law office, we handle payroll tax issues throughout the region, including in Cook County, DuPage County, Will County, Kendall County, and Lake County. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Payroll Tax Attorney --- ### [How Companies Can Use a Cease and Desist Letter to Protect Your Intellectual Property Rights](https://nslslaw.com/how-companies-can-use-a-cease-and-desist-letter-to-protect-your-intellectual-property-rights/) **Published:** April 29, 2020 **Author:** admin **Content:** According to a study from the [World Intellectual Property Organization (WIPO)](https://www.wipo.int/pressroom/en/articles/2017/article_0012.html), the global value of intellectual property (IP) is approximately $6 trillion. Depending on the nature of the business, a company’s IP may be among its most valuable assets. When infringement occurs, immediate action is a must. Of course, this does not mean costly and time-consuming litigation will be necessary to stop infringement. Companies have other tools available to protect their IP rights. One of the most effective is the cease and desist letter. Here, our [Chicago intellectual property attorneys](https://www.nslslaw.com/practice-areas/business.html) explain how businesses can use cease and desist letters to protect their rights and interests. **What is a Cease and Desist Letter?** A cease and desist letter is a document sent by one party to another telling them to stop (cease) unlawful activity and to refrain (desist) from doing it in the future. Sending a cease and desist letter can be a cost-effective way to stop IP infringement. If your company’s copyright, trademark or patent is being violated by another firm, it is time to consider sending a cease and desist. **Four Important Elements of an Effective IP Cease and Desist** As powerful of a tool as a cease and desist letter can be, it will only be useful if it is drafted properly. Not only will a sloppy cease and desist be unlikely to stop IP infringement, it could create other additional problems. A well-crafted cease and desist letter should include the following four key elements: 1. **Explanation of Infringement:** First and foremost, the letter should explain the extent of the IP infringement. Do not assume the defendant knows what they are doing is wrong. Make sure the other party understands how they are violating your company’s rights. 2. **Clear Demand to Stop:** Next, the cease and desist should include a straightforward demand to stop the infringement. 3. **Statement of Consequences:** Additionally, a cease and desist letter should inform the other party of what will happen if they refuse/decline to comply: namely, your company intends to pursue legal action. 4. **Deadline for Response:** Finally, a cease and desist should include a deadline for response or action. Without a deadline, the infringement may simply linger on. To get effective, efficient results, your IP cease and desist letter should be drafted by an experienced professional. A Chicago business law attorney who has experience handling intellectual property matters will be able to review your case, analyze the infringement and craft a letter to ensure the violation is resolved. **Call Our Chicago, IL Intellectual Property Lawyers for Immediate Assistance** At North Suburban Legal Services LLC, our Illinois business lawyers have the skills, knowledge and experience to handle the full range of intellectual property cases. To learn more about how you can use a cease and desist letter to protect your company’s IP rights, please [contact our law firm](https://www.nslslaw.com/contact-us.html) at (312) 909-6089. We represent companies throughout the region, including in Cook County, Kane County, Lake County and Will County. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Business Lawyer --- ### [Securities Law: What is the Howey Test?](https://nslslaw.com/securities-law-what-is-the-howey-test/) **Published:** October 30, 2019 **Author:** admin **Content:** Securities are governed by complex state and federal regulations—including the [Securities Act of 1933](https://legcounsel.house.gov/Comps/Securities%20Act%20Of%201933.pdf) and the [Securities Exchange Act of 1934](https://legcounsel.house.gov/Comps/Securities%20Exchange%20Act%20Of%201934.pdf). Of course, in some cases, the line between a commercial transaction and an investment contract can be blurry. To resolve this issue, the United States Supreme Court created the Howey Test, which can be applied to a commercial transaction to determine if it qualifies as an investment contract. **The Howey Test: Understanding the Basics** The Howey Test was created in the 1940s Supreme Court case of [Securities and Exchange Commission (SEC) v. Howey](https://www.law.cornell.edu/supremecourt/text/328/293). The commercial transaction being reviewed by the court in that case was a complex real estate leaseback agreement. Although the specific details of that transaction are no longer important, the test that came out of this case remains quite meaningful. In the most simple terms, the nation’s highest court decided that a commercial transaction qualifies as an investment contract—and thus, is governed by securities law—if one party to the transaction puts forth material assets and then relies, primarily, on the work of the other party to gain value. Put another way, the Howey Test states a commercial transaction qualifies as an investment contract if: - One party puts money or other financial assets into a common enterprise; and - Their expected profits will be derived based on the work of another party. One of the key things to understand about the Howey Test is it emphasizes substance over form. Whether a commercial transaction is labelled as a “stock” or a “bond” is largely irrelevant for the purposes of federal securities law. Instead, it is the substance of the transaction that matters. If a commercial opportunity is available to many people and those people will have little or no control over the success of the business enterprise, then the transaction likely involves a security. **Compliance with Securities Law is a Must** For companies both small and large, strict compliance with state and federal securities regulations is a must. If you sell securities without following applicable securities law, it could expose your company to substantial legal liability. The bottom line: Make sure you know whether your firm is offering securities. Companies that are offering securities must follow certain registration and disclosure requirements. If you have any specific questions or concerns about the Howey Test, contact an [Illinois business law attorney](https://www.nslslaw.com/practice-areas/business.html) who has experience advising companies on matters of securities law. **Get Help from Our Chicago, IL Securities Law Attorneys Right Away** At North Suburban Legal Services LLC, our Illinois business lawyers have the skills and experience to handle complex securities law issues. We will protect the rights and interests of your company. To set up a free, confidential initial consultation, please [contact our law firm](https://www.nslslaw.com/contact-us.html) by calling (312) 909-6089 or reach out to us directly online. From our office in Chicago, we serve companies throughout Cook County, including in Des Plaines, Orland Park, Prospect Heights and Cicero. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Business Law Attorney --- ### [Four Mistakes that Could Undermine an M&A Transaction](https://nslslaw.com/four-mistakes-that-could-undermine-an-ma-transaction/) **Published:** March 7, 2019 **Author:** admin **Content:** ![Business Law Attorney](https://www.nslslaw.com/wp-content/uploads/2019/03/North-Suburban-1-Four-Mistakes-that-Could-Undermine-an-MA-Transaction-300x208.jpg "North Suburban - 1 - Four Mistakes that Could Undermine an M&A Transaction - North Suburban Legal Services LLC")Mergers and acquisitions (M&A transactions) are an important part of the overall growth strategy of many businesses. The current market for mergers and acquisitions appears to be strong: According to a report from [Deloitte](https://www2.deloitte.com/us/en/pages/mergers-and-acquisitions/articles/ma-trends-report.html), nearly 80 percent of industry analysts expect the number of M&A deals to rise in 2019. As alluring as these transactions can be, it is crucial that business owners and managers carefully consider the risks. With proper planning, companies can avoid many of the common errors that undermine the effectiveness of these deals. Here, our experienced [Chicago mergers and acquisitions attorneys](https://www.nslslaw.com/practice-areas/business.html) highlight four common mistakes that can cause M&A deals to fail. 1. **Lack of a Compelling Strategic Rationale** As a starting point, businesses need a compelling strategic rationale before entering into any M&A transaction. In too many cases, companies enter into ill-advised transactions without realistic or attainable long-term goals. These type of deals are risky and offer little potential for gain. When considering a possible merger with or acquisition of another business, it is imperative that companies always carefully weigh the benefits and the risks. A clear-eyed view of the potential upsides and the possible downsides will ensure that your company is making a sensible deal. 2. **Inadequate Due Diligence** In assessing a potential merger or acquisition, businesses must perform proper due diligence. No stone should be left unturned. Before entering too far into a transaction, companies must conduct a careful review of the target business. Some relatively common errors in the due diligence process, such as lack of rigorous criteria for the target company and sloppy deal evaluation, can lead to major problems. 3. **Poor Execution During the Integration Phase** One of the major challenges associated with an M&A transaction is the effective integration of businesses. Much of the fundamental value in an M&A deal lies is in identifying and taking advantage of the synergies and efficiencies that arise out of the transaction. However, without proactive integration planning, many companies miss some of their best opportunities. Problems such as conflicting corporate cultures, overall complexity, poor communication, and lack of transparency can undermine the success of a business. 4. **Failure to Involve Appropriate Expertise** Finally, too many companies fail to seek professional legal guidance. Even seemingly minor mistakes in the course of an M&A deal may cause very serious problems down the road. In some cases, companies may even face legal liability. Regardless of the nature of the deal, it is crucial that businesses seek qualified legal advice as early in the process as possible. A lawyer will make sure that the transaction is handled and executed properly. **Get Help from Our Chicago Mergers and Acquisitions Attorneys Today** At [North Suburban Legal Services LLC](https://www.nslslaw.com/contact-us.html), our top-rated Illinois business law attorneys have extensive experience representing companies in all stages of mergers and acquisitions. No matter your specific circumstances, our legal team is prepared to help. For a confidential business law consultation, please do not hesitate to contact our Chicago law office today at (312) 909-6089. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Business Law Attorney --- ### [Stay tuned to our blog...](https://nslslaw.com/stay-tuned-to-our-blog/) **Published:** April 4, 2018 **Author:** admin **Content:** Stay tuned to our blog for legal news on employment, business and tax law. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Uncategorized --- ### [What Happens if the IRS Finds that Your Company has Misclassified Employees as Independent Contractors?](https://nslslaw.com/what-happens-if-the-irs-finds-that-your-company-has-misclassified-employees-as-independent-contractors/) **Published:** August 16, 2018 **Author:** admin **Content:** The United States government has been ramping up enforcement efforts on companies that are misclassifying workers. Illinois businesses must ensure that all of their workers are properly classified. Illinois state agencies, the Department of Labor (DOL), and the Internal Revenue Service (IRS) are all actively pursuing misclassification issues. Perhaps there is no more frightening government agency to deal with than the IRS. If your company has misclassified employees and you are facing IRS action, you need to be ready to take action. In this article, our top-rated [Chicago payroll tax lawyers](https://www.nslslaw.com/practice-areas/tax/payroll-tax-lawyers.html) explain what you need to know about the IRS and employee misclassification. **What is an Independent Contractor?** Determining which workers should be classified as an ‘employee’ and which ones should be classified as an ‘independent contractor’ is not always an easy task. In some cases, the line between the two can be blurred. As such, it is not surprising that some misclassification occurs. According to the [Internal Revenue Service](https://www.irs.gov/pub/irs-pdf/p15a.pdf), the most important factor that you need to consider is control. The more control an employer exerts over a specific worker, the more likely that worker is to be an employee rather than an independent contractor. **Companies that Misclassify Workers May Be Subject to Penalties** If the IRS conducts an audit and determines that your business misclassified employees as independent contractors, then financial penalties may be applied. The key issue will be whether or not the IRS rules that your company misclassified workers on purpose. A company that knowingly misclassified its workers will be subject to far more severe penalties. **Tax Relief May Be Available to Companies Facing Scrutiny for Employee Misclassification** If your company has been accused of worker misclassification, the best thing that you can do is to take immediate action to rectify the issue. This is a problem that will certainly not go away on its own. You can be sure that the IRS will continue to follow up on the issue. The good news is that there are tax relief options available. While dealing with the IRS can be extremely intimidating, our legal advocates are prepared to help you protect your company’s rights. Among other options, the IRS has launched a Voluntary Compliance Settlement Program (VCSP). This program allows certain eligible companies to fix misclassification issues without incurring major penalties. Even if your firm is not eligible for the VCSP, there are potential settlement options available as well. The best thing you can do is to work with an experienced Chicago payroll tax attorney who can find the best solution for your business. **Get Help from a Chicago Payroll Tax Lawyer Today** At North Suburban Legal Services LLC, our experienced Illinois payroll tax attorneys are standing by, ready to provide the best legal representation to your business. If you have questions or concerns about employee classification, can help. To set up your full confidential payroll tax consultation, please do not hesitate to [contact us](https://www.nslslaw.com/contact-us.html) today by calling (312) 909-6089. From our office in the heart of Chicago, we serve companies throughout Illinois, including in Cook County, Will County, Lake County, and DuPage County. ![author avatar](https://secure.gravatar.com/avatar/6b080677464ef58d2e04887385f41db37bb1d93192aaf4c32a2dfe4b6b9f8d48?s=300&d=mm&r=g) admin [See Full Bio](https://nslslaw.com/author/admin/) **Categories:** Payroll Tax Attorney --- ## Pages ### [Home](https://nslslaw.com/) **Published:** January 31, 2018 **Author:** admin **Content:** # BUSINESS, TAX & EMPLOYMENT LAWYERS CHICAGO, IL ## North Suburban Legal Services, LLC There are many reasons why an individual would need to work with a business or tax lawyer. When you are not sure how to incorporate your new business, whether you should accept a buyout offer, if you are facing allegations of discrimination or other employee rights violations, or if you are receiving letters from the [Internal Revenue Service](https://www.irs.gov/) (IRS) stating that you are behind on your tax payments, an experienced business or tax lawyer can help you work through your case. How a lawyer can help you depends on the facts of your case and your goals for its resolution. Your lawyer might be able to help to facilitate a settlement between you and the other party involved in your case or he or she might be able to build a defense strategy to have a criminal tax charge reduced or dismissed. ##### Our Practice Areas We work with clients facing a variety of legal hurdles. Our three main practice areas are business, tax law, and employment law. These are broad legal categories that encompass a wide variety of cases. Within each of our practice areas we handle a variety of cases including but not limited to: ## Business law - Sexual harassment claims; - Wage and hour claims; - [Whistleblower](https://www.whistleblowers.gov/) rights; - Securing repayment for Wage Theft Act violations; - Cases involving the Employee Credit Privacy Act; and - Unemployment benefits defense. ## Tax law - Settling tax debts through offers in compromise; - Payroll tax issues; - Preventing and stopping tax levies; - Preventing, releasing, and withdrawing tax liens; - Defending individuals accused of committing tax crimes; and - Helping clients face IRS audits. ## Employment Law - Representing Employers in Unemployment Benefits Defense --- ### [Chicago Non-Compete Litigation Attorneys](https://nslslaw.com/chicago-non-compete-litigation-lawyer.html) **Published:** May 22, 2024 **Author:** admin **Content:** ## NSLS Protects The Rights Of Employees And Businesses At North Suburban Legal Services LLC, based in Illinois, we understand the critical importance of safeguarding the interests of both individuals and businesses in non-compete litigation matters. Our law firm is dedicated to providing exceptional legal representation tailored to the unique needs of our clients throughout Illinois. Whether you’re an employee being sued over a non-compete or seeking to explore new opportunities or a business aiming to protect your proprietary information and competitive position, our experienced attorneys are here to advocate on your behalf. With a deep understanding of Illinois law and a track record of success in non-compete litigation cases, we are committed to helping our clients achieve favorable outcomes and navigate the complexities of legal disputes in this area. ## What Are Non-Compete Agreements? Non-compete agreements are [legal contracts that restrict an employee’s ability to work](https://www.investopedia.com/terms/n/noncompete-agreement.asp) for competitors or start a competing business for a specified period after leaving their current job. These agreements are designed to protect the employer’s confidential information, trade secrets, and business interests. Typically, non-compete agreements define a specific geographic area and duration during which the former employee is prohibited from engaging in activities that directly compete with their previous employer. ## How Can An Illinois Non-Compete Agreement Affect You? After resigning or being released from your job, a non-compete agreement may [specify a duration](https://legal.thomsonreuters.com/en/insights/articles/the-basics-of-non-compete-agreements) during which you cannot compete with your former employer. This means that you must adhere to the terms of the agreement until the defined period ends. Only then can you seek employment or start a business without restrictions. It’s important to fully understand the terms of your non-compete agreement to ensure compliance and avoid potential legal issues. ## Illinois Non-Compete Law Regulates All Non-Compete Agreements While non-compete agreements can safeguard a business’s interests, they can also be misused to limit a former employee’s job prospects unfairly. Many individuals find it challenging to secure new positions in their field due to the fear of violating a non-compete agreement. The state of Illinois regulates these agreements to ensure they are [fair and reasonable](https://illinoisattorneygeneral.gov/Page-Attachments/2023.04.19%20State%20AGs%20FTC%20Comment%20-%20Final.pdf). However, some companies may still pursue litigation against former employees and their new employers, even if the non-compete terms are clearly unenforceable. This underscores the importance of understanding your rights and seeking legal advice when dealing with non-compete agreements. ## Illinois’ New Freedom to Work Act The [Illinois Freedom to Work Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3737&ChapterID=68) went into effect on January 1, 2022. This legislation significantly impacts non-compete agreements in Illinois. The Act primarily aims to protect low-wage workers from being subjected to restrictive covenants that could limit their employment opportunities. Under the Act, non-compete agreements are prohibited for employees earning less than $75,000 annually. Additionally, the Act restricts non-solicitation agreements for employees making less than $45,000 per year. The Act also requires employers to provide adequate consideration and a minimum of 14 days for employees to review non-compete agreements. These provisions ensure that employees have sufficient time and fair conditions before agreeing to any restrictive covenants. ## Contact Our Chicago Non-Compete Agreement Litigation Attorneys Today In Illinois, the enforcement and defense of non-compete agreements can be complex and contentious. If you believe a non-compete agreement has been breached, or if you are accused of violating such an agreement, you have legal rights and options. [North Suburban Legal Services LLC](https://www.nslslaw.com/) is here to help you navigate these legal challenges. Our attorneys are experienced in both prosecuting and defending breaches of non-compete agreements. We will assess your case and work towards a favorable resolution. [Schedule a consultation](https://www.nslslaw.com/contact-us.html) today to discuss your situation. Contact our law office today at [(312) 909-6089](tel:+13129096089) to receive a free consultation with one of our non-compete litigation attorneys. --- ### [Sitemap](https://nslslaw.com/sitemap.html) **Published:** March 14, 2018 **Author:** admin **Content:** - [Home](https://www.nslslaw.com/) - [Our Firm](https://www.nslslaw.com/our-firm.html) - Attorney Profiles - [Fedor Kozlov](https://www.nslslaw.com/attorney-profiles/fedor-kozlov.html) - [Selwyn Skevin](https://nslslaw.com/attorney-profiles/selwyn-skevin.html) - [Hameed Odunewu](https://nslslaw.com/attorney-profiles/hameed-odunewu.html) - [Practice Areas](https://www.nslslaw.com/practice-areas.html) - [Business](https://www.nslslaw.com/practice-areas/business.html) - Tax - [IRS Tax Lawyers](https://www.nslslaw.com/practice-areas/tax/irs-tax-lawyers.html) - [IRS Protection](https://www.nslslaw.com/practice-areas/tax/irs-protection.html) - [IRS Lien Removal](https://www.nslslaw.com/practice-areas/tax/irs-lien-removal.html) - [Payroll Tax Lawyers](https://www.nslslaw.com/practice-areas/tax/payroll-tax-lawyers.html) - [Criminal Tax Defense](https://www.nslslaw.com/practice-areas/tax/criminal-tax-defense.html) - [Offer in Compromise](https://www.nslslaw.com/practice-areas/tax/offer-in-compromise.html) - [Employment](https://www.nslslaw.com/practice-areas/employment.html) - [Sex Discrimination](https://www.nslslaw.com/chicago-sex-discrimination-lawyer.html) - [Age Discrimination](https://www.nslslaw.com/chicago-age-discrimination-lawyer.html) - [Religious Discrimination](https://www.nslslaw.com/chicago-religious-discrimination-attorney.html) - [Sexual Orientation Discrimination](https://www.nslslaw.com/chicago-sexual-orientation-discrimination-lawyers.html) - [COVID Vaccine Discrimination](https://www.nslslaw.com/chicago-covid-vaccine-discrimination-lawyer.html) - [Wrongful Termination](https://www.nslslaw.com/chicago-wrongful-termination-attorney.html) - [Retaliatory Discharge](https://www.nslslaw.com/chicago-retaliatory-discharge-attorneys.html) - [Disability Discrimination](https://www.nslslaw.com/chicago-disability-discrimination-lawyers.html) - [ADA Compliance](https://www.nslslaw.com/chicago-americans-with-disabilities-act-lawyer.html) - [Non-Compete Litigation](https://www.nslslaw.com/chicago-non-compete-litigation-lawyer.html) - [Resources](https://www.nslslaw.com/resources.html) - [Blog](https://www.nslslaw.com/legal-news.html) - [Contact](https://www.nslslaw.com/contact-us.html) - [Disclaimer](https://www.nslslaw.com/disclaimer.html) - [Privacy Policy](https://www.nslslaw.com/privacy-policy.html) - [Employment Discrimination](https://www.nslslaw.com/employment-discrimination-lawyers.html) - [Disability Discrimination](https://www.nslslaw.com/disability-discrimination-lawyers.html) - [Wrongful Termination](https://www.nslslaw.com/wrongful-termination-lawyers.html) - [Wrongful Termination Claims Defense](https://www.nslslaw.com/wrongful-termination-claims-defense.html) - [ADA Lawsuit Defense](https://www.nslslaw.com/ada-lawsuit-defense.html) - [Employment Discrimination Defense](https://www.nslslaw.com/employment-discrimination-defense.html) --- ### [Hameed Odunewu](https://nslslaw.com/attorney-profiles/hameed-odunewu.html) **Published:** February 19, 2026 **Author:** admin **Content:** ## About Hameed Odunewu ![Hameed Odunewu](https://nslslaw.com/wp-content/uploads/2026/02/Hameed-Odunewu.jpg "Fedor - North Suburban Legal Services LLC")Hameed Odunewu is an Illinois civil litigation attorney who represents individuals and businesses in complex, high-exposure disputes. His practice focuses on commercial litigation and contested civil matters that require strategic motion practice, detailed factual development, and disciplined courtroom advocacy. Mr. Odunewu regularly manages cases involving multi-party disputes, contractual conflicts, business tort claims, and other financially significant controversies. He has experience in both state and federal court, where he addresses procedural challenges, service issues, and complex case management matters. In addition to litigation, he advises clients on risk assessment and strategic positioning throughout the life of a dispute, with an emphasis on efficient and results-driven resolution. Known for thorough preparation and a strategic mindset, Hameed Odunewu is committed to delivering clear, decisive advocacy and guiding clients through complex legal matters with focus and precision. --- ### [Selwyn Skevin](https://nslslaw.com/attorney-profiles/selwyn-skevin.html) **Published:** September 9, 2025 **Author:** admin **Content:** ## About Selwyn Skevin ![Selwyn Skevin](https://nslslaw.com/wp-content/uploads/2025/09/Selwyn-Skevin-1.jpg "Fedor - North Suburban Legal Services LLC") Selwyn Skevin provides clients with steady guidance and unwavering advocacy, ensuring that their interests are protected both inside and outside the courtroom. His practice spans a wide range of civil litigation matters, including business disputes, foreclosure defense, landlord–tenant conflicts, condominium law, collections, and tort-related claims. In addition, he devotes significant attention to family law, assisting clients with divorce proceedings, child support and maintenance, parentage cases, protective orders, and post-decree issues. Admitted to practice in Illinois as well as the United States District Court for the Northern District of Illinois, Mr. Skevin brings a solid combination of legal knowledge and practical business insight to every case. He earned his Juris Doctor from the John Marshall Law School (now part of the University of Illinois Chicago School of Law). Before pursuing his legal career, he completed a Bachelor of Interdisciplinary Studies with a business concentration at Arizona State University. Prior to entering law, Selwyn gained valuable financial and negotiation experience as a mortgage advisor in both Arizona and Illinois, working with institutions such as Morgan Stanley. This background gives him a distinctive perspective when addressing complex legal challenges, helping him craft solutions that are fair, strategic, and well-informed. --- ### [Business](https://nslslaw.com/practice-areas/business.html) **Published:** January 31, 2018 **Author:** admin **Content:** ## Business Lawyers Representing Chicago Businesses Our business lawyers represent clients in the broad legal area called Business law that deals with every legal dealing that impacts business and commerce in some way. It involves the interpretation and enforcement of various state and federal laws, laws designed to protect the rights of all parties involved in the economy, including those not directly involved. For example, environmental laws such as the [Clean Air Act](https://www.epa.gov/clean-air-act-overview/evolution-clean-air-act) and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) govern how businesses must dispose of toxic byproducts and manage their emissions. ## **Business Law Practice Areas and Cases we Handle** Many different subcategories of law fall into the area of business law. These include: - Employment law. [Employment law](https://www.nslslaw.com/practice-areas/employment.html "Employment Lawyer Chicago") includes all law cases related to employment and labor. Examples of cases that fall into this category include representing employers in unemployment benefits defense, discrimination claims, sexual harassment claims, wage and hour disputes, OSHA compliance, and whistleblower claims; - Tax law. Businesses are subjected to many taxes, tax processes, and tax credits that are not available to individual taxpayers, all of which are written into federal and state tax laws; - Business incorporation. How a business is incorporated affects how it is run and taxed; - Securities law. When financial assets are part of a business plan or the business deals with trading securities, a business owner can benefit from working with a lawyer who has experience dealing in securities law; - Real estate law as it applies to businesses, such as negotiating leases and land use disputes; - Intellectual property law, the area of law that deals with ownership and use of products, patents, and other creations; - Mergers and acquisitions, the legal processes of combining companies and their assets; and - Shareholder rights. In a publicly-held company, the shareholders have certain rights. This area of law governs their rights and the resolution of disputes that arise between shareholders and company owners. ## **Working with an Experienced Business Lawyer** Working with a business law attorney to represent your rights and interests in a business dispute means having an advocate. Depending on the circumstances of the dispute, your lawyer could determine legal options you did not realize you had or resolve the dispute before it spirals into a contentious, expensive legal procedure for you. Often, business disputes are resolved through arbitration or mediation, two forms of [alternative dispute resolution](https://www.law.cornell.edu/wex/alternative_dispute_resolution) that make it possible for the parties involved to reach settlements without having to go to court. This saves everybody involved in the dispute money and time and often, helps to avoid conflicts that could create new problems between them in the future. ### **Work with an Experienced Schaumburg Business Lawyer** As a business owner, a shareholder, or an employee, there will be times when business law violations and legal decisions in your company will affect you personally. When you need legal advice and representation regarding these events, work with an experienced [business lawyer](https://www.nslslaw.com/contact-us.html). Get started with a member of North Suburban Legal Services LLC today by contacting our firm to schedule your initial consultation in our office. --- ### [Unpaid Wages Lawyers](https://nslslaw.com/unpaid-wages-lawyers.html) **Published:** April 26, 2022 **Author:** admin **Content:** # Unpaid Wages and Back Pay Do you suspect your pay is too low to be legal? Maybe you aren’t getting what you deserve in terms of overtime. Perhaps you got shorted on your last paycheck, or your employer is trying to withhold pay without legal justification or your consent. Wage theft and underpayment are, unfortunately, quite common in Illinois. Our wage and overtime pay lawyers have handled many of these types of cases, and we are ready to fight for your rights. Our law firm has offices in Schaumburg and in downtown Chicago, and we serve all of Illinois. Please call North Suburban Legal Services at [(312) 909-6089](tel:3129096089) to schedule your free, no-obligation consultation today. We will help you evaluate your case and talk about potential next steps to get back anything your employer might owe you. ## **Wage and Overtime Law in Illinois** ![](https://www.nslslaw.com/wp-content/uploads/2022/04/Unpaid-Wages-300x200.jpg "Unpaid Wages - North Suburban Legal Services LLC")Our full-service employment law firm handles all types of business and wage law disputes. The three most common cases we see in wage and hour law are: - Wage theft: When your employer denies you compensation or wages that you are rightly owed, or else fails to deliver such in a timely manner. - Non-payment of overtime and wages: When your employer fails to pay you the full amount that you are owed based on the amount and types of hours that you worked. - Securing back pay: Getting your employer to pay the benefits and wages that they should have paid you already. These issues sometimes overlap, and each case is unique. We would need to look at the exact details of your situation to know how and if we could help you collect any money your employer might owe you. We offer free, confidential consultations, so please contact us today. ## **We Fight to Get Your Employer to Pay You** If you are having trouble collecting money from a boss or a company, don’t give up without looking into what you’re owed. Employers do not have the final word on how and when you receive compensation. Depending on your situation, you might have protection under the Illinois Wage Payment and Collection Act. The IWPCA was instituted to govern pay deductions, establish the regulation of wage payments, and help workers collect various types of compensation, such as: - Bonuses - Fringe benefits - Unused vacation pay The IWPCA is a complex law. Please call us so one of our wage attorneys can help you understand how it applies to your case. ## **We Fight to Get You a Just Wage** We also handle cases that deal with the Illinois minimum wage law. The IMWL provides various guidelines that could apply to your case, including rules for paying minors, learners (interns, for example), and people who work overtime. Wage-law cases often require you to go through your own records and compare them to state and federal employment law guidelines. Let us help you make sense of your case and pursue the maximum amount of compensation that you are justly owed — call us at [(312) 909-6089](tel:3129096089) today. --- ### [Whistleblower Retaliation Lawyers](https://nslslaw.com/whistleblower-retaliation-lawyers.html) **Published:** April 26, 2022 **Author:** admin **Content:** # Workplace Retaliation/Whistleblower The relationship between you and your employer is regulated by many different laws. Some actions are protected — that’s true even when your employer dislikes what you do. If you’re not sure whether you have a case, we would suggest you contact an attorney as early in the dispute as possible. In fact, we are available to consult with you in advance of any formal report or complaint you intend to make. If you and your employer have both already taken action, and if you believe you were the target of unjust retaliation, please call one of our workplace retaliation/whistleblower attorneys at [(312) 909-6089](tel:3129096089) today. We will discuss the details of your case during a free, confidential consultation. North Suburban Legal Services is a full-service business law firm with offices in Schaumburg and Chicago’s Loop area. We serve all of Illinois — please contact us immediately for personalized information. ## **Fighting Workers’ Compensation Retaliation** ![](https://www.nslslaw.com/wp-content/uploads/2022/04/Whistleblower-Retaliation-300x200.jpg "Whistleblower Retaliation - North Suburban Legal Services LLC")In most cases, you have the right to file a workers’ compensation claim if you were injured on the job. However, since these claims can be inconvenient for employers, some companies try to dissuade injured workers from exercising their rights. Your health, well-being, and livelihood are more important than an employer’s convenience. Our attorneys will fight to get you everything you deserve in your situation, such as reinstatement at your job or compensatory payment. ## **Suing for Complaint Retaliation** In addition to claiming compensation for your injuries, you also have the right to report a discriminatory or hostile workplace to the proper authorities. Unfortunately, it is quite common for employers to take action against employees who complain about various types of discrimination: - Gender, race, religion, and sexual orientation - Non-compliance with the Americans with Disabilities Act (ADA) - Age Your employer will probably attempt to show that their action was not retaliatory. Usually, we recommend that you not try to handle this type of argument yourself — our attorneys will utilize all of the available information and bring the truth to light. ## **Defending Against Retaliatory Lawsuits** We are also available if your employer is suing you in retaliation for action you took, such as reporting behaviors at the company. If you believe that your employer was in violation of the law, such as the Equal Employment Opportunity (EEO) laws, then you could have a case against their retaliatory lawsuit. Due to the complex legal structures of companies and the amount of paperwork involved, these cases can be relatively complicated. Let’s help you sort through all the information you have and present the best possible arguments. ## **Contact North Suburban Legal Services Today** Our office has handled employment law for employees as well as employers. We understand how the negotiation and trial processes work. We understand the interests of both sides of these disputes. These processes take time, but we prefer to start as early as possible. Let us put our skill and knowledge to work for you, pursuing the resolution you deserve. Call [(312) 909-6089](tel:3129096089) today to schedule your free, no-obligation consultation. --- ### [Chicago Sex Discrimination Lawyer](https://nslslaw.com/chicago-sex-discrimination-lawyer.html) **Published:** February 23, 2022 **Author:** admin **Content:** ## Sex Discrimination Sex discrimination is common in many areas of life, including the workplace. Sex discrimination involves treating a job applicant or employee unfavorably because of that person’s sex. Sex includes sexual orientation, transgender status, gender identity, and pregnancy. Sex discrimination can include many things, such as the following: - Your boss or co-workers harass you because you are pregnant or nursing. - You are paid less than your male co-workers because you are female. - An employer labels jobs as “male jobs” or “female jobs.” - Any type of harassment based on your gender, regardless of whether or not it is sexual in nature - You are denied a job or promotion due to your sex. ## Sexual Harassment [Sexual harassment is a type of sex discrimination](https://www.eeoc.gov/youth/sex-discrimination-faqs#:~:text=Examples%20of%20gender%20identity%20discrimination,to%20transition%2C%20or%20requiring%20employees). It may encompass many types of conduct, such as unwelcome sexual advances, requests for sexual favors, massages, hugs, sexual assault, or rape. Sexual harassment can also consist of verbal conduct, such as talking about sex or telling vulgar jokes. It can be visual in nature and include pornography, pictures, or sexual gestures. Sexual harassment may also include unwanted communication, such as text messages, emails, or social media posts. Sexual harassment does not need not target you specifically. It can target someone or just be general in nature, such as a picture of a couple having sex. This conduct is illegal regardless of the harasser’s intention, even if it was meant to be a joke or compliment. Sexual harassment in the workplace does not have to be perpetrated only by your boss or manager. Co-workers, subordinates, customers, vendors, or consultants can also engage in sexual harassment. Sexual harassment does not have to be “sexual” in nature to be illegal. Sexual harassment can include belittling statements, a policy against a specific gender, or a hostile environment against males or females. It could also include hostility directed at you because of your sexual orientation or gender identity. Maybe you don’t look or act like your gender. Or maybe you are being harassed because you are pregnant or breastfeeding. This is illegal, regardless of the gender of the perpetrator and victim. They can be of the same sex or of different sexes. It is also important to know that not all situations are considered sexual harassment. Simple teasing, offhand comments, or isolated incidents that are not very serious and do not reoccur usually will not be considered unlawful. Harassment is illegal when it is so frequent, widespread, or severe that it affects your job, unreasonably interferes with your work performance, or creates a work environment that is intimidating, hostile, or objectively offensive. ## Pregnancy-Related Discrimination A woman can also face discrimination and harassment while she is pregnant. Pregnancy discrimination involves unfavorable treatment of a woman due to pregnancy, childbirth, or a related medical condition. Federal law forbids discrimination based on pregnancy when it comes to hiring, pay, job assignments, training, promotions, firing, layoff, and other conditions of employment. Examples of pregnancy-related workplace discrimination include: - An employer refuses to hire you because you are pregnant. - Your boss or coworkers direct derogatory jokes and pictures at you that are related to being pregnant. - You inform your employer that you are being harassed, but they fail to investigate and take action. - Your employer fires you shortly after you become pregnant. An employer may not single out a worker due to pregnancy-related conditions. However, if there are specific policies in place, such as the requirement to submit a doctor’s statement concerning one’s ability to work before granting leave or sick benefits, employees must submit such statements. ## Steps to Take if You Are a Victim of Sex Discrimination or Harassment If you are being sexually harassed in the workplace, make sure you take the proper steps to end the harassment and hold your employer liable for their actions. If you feel comfortable doing so, ask the harasser to stop the conduct. If the harassment continues, check with your workplace’s procedures for filing a complaint. If your employer has no anti-harassment policies in place, talk to your supervisor or human resources department. You’ll need as much information as possible about the incidents. Keep a record of the harassment and other negative treatment you experience while at work. Take notes about what happened, what was said or done, who did the harassment, who was present, where you were, and when the incident occurred. It may be helpful to text or email yourself as a way to get a time and date stamp; just refrain from using your work computer or company email. Use your personal resources to take these notes. Do not be afraid to speak up about what is happening. You may be scared or embarrassed. You may be worried about getting punished by your employer or even getting fired. However, do know that retaliation is illegal. If your employer does take action against you, you can sue them. Plus, you need to tell your employer about the discrimination or harassment right away or else you may be barred from taking legal action in the future. Your employer is legally required to investigate the harassment and take measures to stop it. Keep in mind that harassers in the workplace may have multiple victims. Therefore, you may want to talk to your co-workers and see if any of them have also been harassed. Coming forward to your employer as a group may help you feel safer and more comfortable. If you complain to your employer and nothing changes, your last resort may be to file a lawsuit. Discuss your case with an attorney who specializes in employment law. ## Contact Our Chicago Sex Discrimination Lawyer Unfortunately, sex discrimination and harassment are common in many workplaces. Make sure you understand your legal rights so you can take action and work in a less stressful environment. North Suburban Legal Service, LLC can help you with your sex discrimination case. Our Chicago sex discrimination lawyers can assess your case and help you with financial recovery. We’ll hold your employer liable for their actions. To [schedule a consultation](https://www.nslslaw.com/contact-us.html), call our office at [(312) 909-6089](tel:(312)%20909-6089). --- ### [Chicago Age Discrimination Lawyer](https://nslslaw.com/chicago-age-discrimination-lawyer.html) **Published:** February 23, 2022 **Author:** admin **Content:** ## Age Discrimination People tend to judge us by our age. It’s just part of life. Many people may think people are too young or too old to do something. The same goes for employers. Even though more and more seniors are continuing to work and even returning to the workplace after retirement, there are many employers who frown upon older workers. They want a youthful workforce. This is called age discrimination, and it works both ways. Young people may experience age discrimination by being passed over for jobs or being paid poor wages just because they are young and inexperienced. On the other hand, older people may be denied jobs because an employer believes they are too old. However, only discrimination against older people is covered under federal law. The [Age Discrimination in Employment Act (ADEA)](https://www.eeoc.gov/age-discrimination#:~:text=Age%20discrimination%20involves%20treating%20an,are%20age%2040%20or%20older) makes it illegal to discriminate against workers who are age 40 or older. Those under the age of 40 are not protected. [It is not illegal for an employer to favor an older worker over a younger one,](https://www.eeoc.gov/employers/coverage-0) even if both are over the age of 40. Discrimination can occur when the victim and the offender are both over the age of 40. The ADEA prohibits age discrimination in all aspects of employment, including hiring, pay, benefits, job assignments, training, promotions, layoff, firing, and all other conditions of employment. The law applies to employers that have at least 20 employees, including public and private companies and all government agencies (federal, state, and local governments). ## ADEA Protections ADEA protections include the following: - **Apprenticeship programs**. Apprenticeship programs are not allowed to discriminate on the basis of an individual’s age. Age limitations are valid only if the Equal Employment Opportunity Commission (EEOC) grants an exemption. - **Job ads**. Under the ADEA, it is illegal to include age limits or preferences, limitations, or specifications in job ads. An age limit is only in rare circumstances, such as where age is shown to be a “bona fide occupational qualification” that is necessary to the normal operation of the business. - **Pre-employment inquiries**. The ADEA does not specifically prohibit an employer from asking a job applicant for their age or date of birth. However, questions involving one’s age often deter older workers from applying for employment, so employers need to ensure that requests for age information are done solely for legal purposes. - **Benefits**. Employers are prohibited from denying benefits to older employees. While it is known that the cost of providing benefits to older workers is greater than the cost of providing those same benefits to younger workers, the government does not want employers to refrain from hiring older workers based on these extra costs. An employer, therefore, is allowed to reduce benefits based on age, so long as the costs for younger workers vs. older workers are roughly the same. ## Examples of Age Discrimination and Harassment It is unlawful to harass a person because of their age. While the law does not prohibit teasing, offhand comments, and isolated incidents, it does make it illegal for a supervisor, co-worker, client, or customer to make pervasive remarks about a person’s age that are so offensive or derogatory in nature that they create a hostile work environment. Here are some examples of age discrimination in the workplace: - **Disproportionately hiring younger employees**. Job candidates should be assessed based on their skills, experience, and qualifications—not their age. When a company hires only young workers (under age 30, for example), then that may be considered evidence of possible age-based discrimination. Employers will not usually come and say that a candidate was rejected because of their age. Instead, they may use terms such as “overqualified.” That is typically a sign that an employer is engaging in discriminatory practices. - **Little opportunity for advancement for older workers**. When companies do hire older workers, they do not always offer them any real opportunities for advancement. In fact, getting a promotion in a modern workplace is a real challenge for many workers over the age of 40. This is concerning, considering that older workers should be judged on their qualifications, not their age. - **Targeting older workers in staff reductions**. Age cannot be used as a factor when there is a need to lay off or reduce staff. When restructuring the workforce, it should be done fairly, without solely targeting workers who are above a certain age. However, companies often target those who are paid the most (in wages and benefits), and that often means older workers get the short end of the stick. - **Isolation of older employees**. Company culture is an important workplace benefit. When older workers feel unwelcome at the workplace, it could impact their performance. Plus, they are getting denied an opportunity to network. If older employees feel as though they don’t belong and feel ostracized in comparison to their younger co-workers, then there could be discrimination at play. However, proving this can be complicated, so discuss this situation with an experienced employment discrimination lawyer. - **Workplace harassment**. Workplace harassment can occur in many ways. If an employer, supervisor, or co-worker makes an older employee feel unwelcome through jokes, taunts, or other harassment based on their age, it could be considered a hostile work environment. Employers need to be aware that hurtful comments are not “just jokes.” That is not a valid excuse under the law and harassment can be very harmful, especially if an older worker is forced to quit their position. - **Unfair disciplinary action**. When an employee is falsely accused of poor performance or misconduct, it is likely because some sort of discrimination—age or otherwise—is involved. ## Contact Our Chicago Age Discrimination Lawyer Older workers should not face discrimination simply because of their age. Those over the age of 40 have many experiences and skills that benefit many companies and they should not be penalized for this. If you have been turned down for a job or faced other employment issues due to your age, seek legal help from North Suburban Legal Service, LLC. Our Chicago age discrimination lawyers can assess your age discrimination case and help you obtain financial remedies. [Schedule a consultation today](https://www.nslslaw.com/contact-us.html) by calling [(312) 909-6089](tel:(312)%20909-6089). --- ### [Chicago Americans With Disabilities Act Lawyer](https://nslslaw.com/chicago-americans-with-disabilities-act-lawyer.html) **Published:** February 23, 2022 **Author:** admin **Content:** ## ADA Compliance On this page, we will go over your rights under the Americans With Disabilities Act or ADA. Have you been passed over for a job or promotion solely because of your disability? Are you harassed or treated unfairly in the workplace because you are disabled? If so, you may have suffered disability discrimination. If you have a disability and are qualified to perform the duties of a certain job, there are federal and state laws that protect you from employment discrimination, harassment, and retaliation. Contact North Suburban Legal Service, LLC to file a claim against the employer and seek compensation for your damages. ## What is a Disability? The [Americans With Disabilities Act](https://www.ada.gov/pubs/adastatute08.htm) defines what a disability is and what employers need to do to accommodate those with disabilities. The term “disability” refers to a physical or mental impairment that substantially limits a person from performing one or more major life activities. It includes those who have a record of that impairment, even if they are not currently disabled. It also includes people who technically have a limiting disability but may not be practically disabled. However, it is important to note that being disabled under the ADA is different from being disabled under other programs, such as Social Security. There are different requirements involved. Major life activities include: - Caring for oneself - Working - Eating - Speaking - Breathing - Seeing - Hearing - Sleeping - Standing - Bending - Lifting - Learning - Reading - Thinking - Concentrating - Communicating A person may also be considered disabled if they have serious conditions affecting major bodily functions, such as the following: - Immune system - Digestive system - Bowel and bladder - Brain and neurological system - Respiratory system - Circulatory system - Endocrine system - Reproductive functions - Normal cell growth ## What is Disability Discrimination? Under the law, an employer is not allowed to discriminate against a qualified individual based on their disability. This applies to: - Job application procedures - Hiring - Advancement - Discharge of employees - Job training - Promotions - Employee compensation - Employee leave - Employee benefits Disabled employees or job applicants should not be harassed based on their disabling condition. They should also not be asked about their medical history or be forced to take a medical exam as a condition of employment. In short, an employer is not allowed to treat a person differently because of their disability. They cannot deny a person employment opportunities solely based on their disability status. They should also make reasonable accommodations so that the employee can effectively perform their job duties. ## What Are Reasonable Accommodations? The ADA defines reasonable accommodation as a modification or adjustment to a job, the work environment, or the application or hiring process. Modifications help disabled people not only to get a job but successfully perform their job duties. Reasonable accommodations help with the following: - Ensuring equal opportunity during the application process - Enabling a disabled person to perform the essential functions of a job - Making it possible for a disabled employee to enjoy the same benefits and privileges of employment as everyone else Some people who are not disabled may view reasonable accommodations as “special treatment.” However, these accommodations can actually benefit everyone, regardless of disability. Reasonable accommodations may include making existing facilities more accessible, modifying a work schedule, restructuring a job, modifying equipment, or providing qualified interpreters or readers to help with communication issues. Here are some other examples: - Installing a ramp - Modifying a bathroom - Changing the layout of an office - Providing screen reader software - Providing materials in large print or Braille - Using video communication for those who are deaf - Allowing a service animal in a work setting - Reassignment to a different position - Modifying an employee’s schedule to allow them to attend medical appointments ## Remote Work as an Accommodation Telecommuting, or working remotely, may be an option for many disabled employees, particularly those with physical challenges. Employees would be able to complete their work duties from home or another location that has internet capabilities. More and more employers are allowing for remote work, especially during the pandemic. However, not all jobs are suited for remote work and there are disabled employees who may not feel comfortable working from home. Because of this, telecommuting is not the best option for every disabled employee. That’s why employers and employees should have conversations about what accommodations would best fit the employee to help them be their most productive. ## Do All Employers Need to Follow ADA Laws? The ADA applies to all employers with 15 or more employees. This includes state and local government agencies, private employers, employment agencies, and labor organizations and committees. Job discrimination by any of these organizations is illegal under the ADA. There are also many states that prohibit discrimination based on disability. ## Can an Employer Ask if I am Disabled? During the job application process, an employer is not allowed to directly ask you if you have a disability, and if you do, the severity of your disability. However, an employer is allowed to ask you if you can perform the duties of the job with or without reasonable accommodation. An employer can also ask you to describe how you will perform the duties of the job. Federal contractors and subcontractors may have different requirements. For example, they may ask the disabled to identify themselves on a job application or in some other pre-employment inquiry. However, there are certain legal requirements that must be followed pertaining to how this information is obtained and how it is kept confidential. A pre-employment inquiry about a disability may be required under other federal laws. Identifying disabled applicants may be necessary so that employers can provide them with the required special services. ## Contact Our Chicago Disability Discrimination Lawyers Employers have the legal right to accommodate those with disabilities, whether it is for job applicants or employees. Have you been passed over for a job promotion due to your disability? Has your employer failed to make accommodations so you can effectively do your job? If so, North Suburban Legal Service, LLC can help. Our knowledgeable and seasoned Chicago disability discrimination lawyers can help you understand the laws that apply in your case and help bring about justice. Call our office today at [(312) 909-6089](tel:(312)%20909-6089) to [schedule a free, no-obligation consultation](https://www.nslslaw.com/contact-us.html). --- ### [Chicago Sexual Orientation Discrimination Lawyers](https://nslslaw.com/chicago-sexual-orientation-discrimination-lawyers.html) **Published:** February 23, 2022 **Author:** admin **Content:** ## Sexual Orientation Discrimination As more and more people are “coming out of the closet” and proudly announcing their sexual orientation as gay, lesbian, bisexual, or transgender, federal law is keeping up with these changes to make work environments friendlier. Under the Equal Employment Opportunity Commission (EEOC), it is illegal to subject an employee to workplace harassment based on their sexual orientation or gender identity. This law applies to workplaces that have 15 or more employees. The harasser does not need to be the victim’s direct supervisor. It can be a supervisor in another area, a co-worker, a vendor, or a customer. Sexual orientation discrimination and harassment can include offensive or derogatory remarks about sexual orientation, such as being gay, as well as transgender status or gender transition. Believe it or not, sexual orientation discrimination can even include remarks about someone being heterosexual, or straight, especially if the person is working in an environment dominated by homosexuals. However, this is not the norm. Transgender employees should be aware that accidental misuse of their name and pronouns does not violate the EEOC. However, intentionally using the wrong name and pronouns could constitute a hostile work environment. Simple teasing and one-off incidents, on the other hand, are not illegal. ## Examples of Sexual Orientation Discrimination Sexual orientation discrimination can happen in many forms, as it is not limited to harassment. Here are some common examples of it in the workplace: - Basing workers’ performance reviews on sexual orientation - Handing out promotions based on a favorable sexual orientation - Showing preferential treatment to heterosexuals - Discriminating based on an assumed sexual orientation, whether or not it is true - Insulting someone, threatening them, or type of bullying based on sexual orientation ## Employers’ Responsibilities Generally, employers are not allowed to refuse to hire, fire, demote, or discriminate in any other way based on customer preference. What this means is that the law and employee rights come first. If customers or clients want to discriminate based on sexual orientation or gender identity, then that is their problem. Employers cannot limit a worker’s job duties based on actual or perceived customer preferences. They also cannot tell a transgender person what to wear or how to act. Harassing an employee based on their gender identity is considered sex discrimination. Whether an employer has separate bathrooms, unisex bathrooms, or single-use ones, they cannot deny an employee access to it if it corresponds to the employee’s gender identity. This means that transgender employees cannot face discrimination for their gender identity. Again, this would be considered sex discrimination. ## Types of Sexual Orientation Discrimination There are four main types of sexual orientation discrimination: - **Direct discrimination**. This is when the discrimination is directed toward you specifically. An example would be an employer refusing to offer a job to a woman because she mentions her girlfriend and the employer does not want to hire lesbians. - **Indirect discrimination**. This is when the company has a policy that indirectly discriminates against you. This may include not offering benefits to same-sex partners. - **Harassment**. Harassment in the workplace occurs when a person is humiliated or offended by someone’s remarks regarding their sexual orientation. This may include slurs directed toward the homosexual community or threats from an employer. Employers must make a reasonable effort to prevent harassment in the workplace. - **Retaliation**. If an employer treats you badly for making a claim against them for sexual orientation discrimination, then that is called retaliation. Employers cannot legally retaliate against a worker for a protected activity such as exercising their legal rights. Retaliation may include any type of punishment, such as demotion, poor performance review, pay cut, and termination. ## Exceptions There are several situations in which a difference in treatment may be legal: - Being of a particular sexual orientation is an occupational requirement and is therefore essential for a job. If the employer runs an LGBT-based service, such as a helpline for teens, then those who work in this environment must be gay or lesbian. - If an organization is trying to encourage gay, lesbian, or bisexual people to participate in a role or activity, then the message would be better understood coming from an employee who shares this sexual orientation. - Some religions are strongly against homosexuality. Because of this, they may not allow homosexuals to be employed in certain positions. For example, United Methodists allow LGBT people to be members but “self-avowed practicing homosexuals” cannot be clergy. ## What to Do if You Are Facing Discrimination If you are facing sexual discrimination orientation in the workplace, it’s a good idea to first discuss the situation with the harasser. Tell them that their remarks are not welcome and ask them to stop. If the discrimination persists or you do not feel comfortable speaking to the harasser, tell your employer. They legally must take the appropriate steps to remedy the situation so you are no longer discriminated against or harassed in the workplace. If nothing changes, you should then file a charge with the EEOC. Sexual discrimination orientation and almost all other laws enforced by EEOC require you to file a charge before you can file a lawsuit for unlawful discrimination. The process for doing so can be found here. There are strict time limits for filing a charge. In Illinois, you have 300 days to file a charge. The clock starts ticking when you first face discrimination, so act quickly, Don’t allow the discrimination to continue for too long or your legal rights may be barred. Once you file your charge, the EEOC will investigate. They will then provide you with the results of their investigation and let you know if you can proceed with a lawsuit. If so, you should reach out to an employment law attorney right away. They can assess your case, let you know if you have a valid claim, and let you know the next steps. ## Contact Our Chicago Sexual Orientation Discrimination Lawyers Many employers have become progressive with their policies toward gays, lesbians, bisexuals, and transgender people. However, there are many companies that will discriminate against workers in these protected classes. Have you been a victim of sexual orientation discrimination in the workplace? If so, seek legal help from North Suburban Legal Service, LLC. Our Chicago sexual orientation discrimination lawyers can assess your case and help you understand your legal options. To schedule a consultation, call [(312) 313-4038](tel:(312)%20313-4038). --- ### [Chicago Retaliatory Discharge Attorneys](https://nslslaw.com/chicago-retaliatory-discharge-attorneys.html) **Published:** February 23, 2022 **Author:** admin **Content:** ## Retaliatory Discharge Employers are not above the law. They may engage in illegal or immoral activities, such as safety violations, wage theft, discrimination, sexual harassment, and other things that employees may find upsetting. Some employees may exercise their legal rights and file complaints against their employers. Other employees may refrain from engaging in such actions because they fear retaliation from their employer. They may have heard stories about employers cutting pay and hours, harassing employees, and even firing employees who engage in certain legal activities. After all, workers in Illinois are hired under the conditions of “at-will” employment. This means that their job can end at any time. Their employer does not have to keep them employed for a certain amount of time. Businesses and organizations are legally allowed to fire employees at any time, with or without cause. The phrase “without cause,” though, is kind of confusing, because there are some exceptions to this rule. For example, the reason for the termination must be legal. This means that there cannot be discrimination or retaliation involved. When retaliation in employment termination is involved, this is called retaliatory discharge. The Equal Employment Opportunity Commission (EEOC) prohibits this type of firing. It is illegal regardless of the person’s employment status. Employees cannot be fired engaging in protected activity. ## What is Protected Activity? The EEOC prohibits the punishment of job applicants or employees who assert their rights. These EEO rights are called “protected activity,” which can take many forms. Some examples include: - Filing an EEO charge or lawsuit - Answering questions during an employer investigation - Discussing employment discrimination with a supervisor or manager - Asking co-workers or managers about salary information - Refusing to engage in immoral or illegal activity - Refusing to perform sexual favors for an employer - Requesting reasonable accommodations for a disability - Protecting co-workers from illegal or discriminatory behavior by employers However, employees must keep in mind that engaging in EEO activity will not automatically shield them from all forms of discipline or discharge. Employees can still be disciplined or terminated for reasons not related to retaliation or discrimination. ## Retaliation Without Termination Termination is not the only consequence that an employee can face for retaliation. Instead of terminating the employee right away, some employers will punish the employee by making the work environment much more unpleasant. As a form of retaliation, an employer may give an employee a bad performance review, even though the employee didn’t do anything wrong. The employer may also exclude the employee from team events and social gatherings as a form of retaliation. Retaliation is not limited to employees. If the worker is an independent contractor, they may also be retaliated against by being given less work or fewer hours. Some other forms of retaliation include: - Reprimanding the employee for no apparent reason - Transferring the employee to a less desirable position - Changing the employee’s work schedule - Reducing the employee’s pay - Verbally or physically abusing the employee - Threaten to make police reports - Spreading false rumors about the employee - Harassing the employee’s family There are many forms of retaliation that an employer can take against an employee. If an employee thinks they are facing retaliation from their employer, they should start collecting evidence to help prove their case. ## Proving Retaliatory Discharge Speaking of proving your case, proving retaliatory discharge can be very difficult. In Illinois, you need to be able to prove the following three elements in order to successfully claim retaliatory discharge: - The employee engaged in activities that are considered protected under the law, or the employee opposed the employer’s illegal conduct. - The employee was terminated or punished by their employer. - There is a clear link between the protected activity and the subsequent punishment or termination. Proving these three elements will require a lot of evidence. The employee will need to show a connection between the termination or punishment and their participation in a protected activity. There are two primary sources of evidence that are required: - **Direct evidence**. Direct evidence must be either in verbal or written form. There must be a statement that shows the link between the protected activity and the subsequent punishment or firing. Direct evidence may include emails, text messages, or letters. It can also include verbal communication, such as conversations, voicemails, and witnesses. - **Indirect evidence**. Also known as circumstantial evidence, indirect evidence refers to proof that implies there was a connection between the protected activity and the subsequent punishment or firing. For instance, indirect evidence can show patterns of behavior. This may include evidence that the employer always fires employees who file complaints about the company. This can serve as proof of retaliatory discharge. Proving retaliatory discharge on your own is no easy task. The employer tends to have the overwhelming advantage in these cases. That’s because they can simply say they terminated the worker for some other reason. This is why hiring a lawyer may be in your best interest. For best results, contact an Illinois employment lawyer as soon as possible. An experienced lawyer will be able to explain the laws that pertain to your case as well as your legal rights. They can also assess your situation and determine whether or not you have a valid claim. Your lawyer can perform many other duties as well, such as filing a case, helping you gather evidence, and representing you in court. If your employer decides they want to settle the case, your lawyer also can handle settlement negotiations. ## Contact Our Retaliatory Discharge Attorneys As an employee, you should not be worried about facing retaliation for engaging in legal activities against your employer or filing a complaint against them. If you are treated poorly as a result, you have legal options that can protect you and your job. Count on North Suburban Legal Service, LLC to help you with your employment issues, including retaliation and wrongful termination. Our Chicago retaliatory discharge attorneys can help you seek justice against an employer who is behaving badly. We can help you gather the evidence you need. Call our office today at [(312) 313-4038](tel:(312)%20313-4038) to schedule a consultation. --- ### [Chicago Disability Discrimination Lawyers](https://nslslaw.com/chicago-disability-discrimination-lawyers.html) **Published:** February 23, 2022 **Author:** admin **Content:** ## Disability Discrimination Federal law makes it illegal for employers to discriminate against disabled employees, this is disability discrimination. This law is known as Title I of the Americans with Disabilities Act (ADA). It prohibits government agencies, private employers, employment agencies, and labor unions from discriminating against qualified employees and job applicants who have disabilities. The ADA covers employers with 15 or more employees. ## Who is Considered Disabled? A disabled individual is one who: - Has a physical or mental impairment that limits at least one major life activity. - Has a record or history of physical or mental impairment (such as surviving cancer). - Is regarded as having an impairment (this means having a temporary disability lasting less than six months) Walking, talking, seeing, hearing, and learning are examples of major life activities. They also include the operation of a major bodily function (such as neurological, brain, respiratory, circulatory, bladder, or bowel problems). ## What Types of Discrimination are Prohibited? The ADA forbids disability discrimination in all aspects of employment. This starts in the job application process and includes hiring, pay, promotions, job assignments, training, fringe benefits, layoff, firing, and other conditions of employment. In these aspects, an employer cannot discriminate against a disabled employee. An example of discrimination would be asking job applicants about their past or current medical conditions. Maintaining a workplace with physical barriers that would make it hard for physically disabled employees to move around safely would be another example. So would refusing to provide reasonable accommodation to physically or mentally disabled employees. The ADA also makes harassment illegal. In the workplace, harassment of a disabled person includes offensive remarks about the person’s disability that create a hostile work environment because it is so frequent or severe. The harasser can be a supervisor, co-worker, vendor, or customer. ## Reasonable Accommodation vs. Undue Hardship Employers need to do their best to make reasonable accommodations for disabled employees as well as disabled job applicants. The employer’s responsibility begins even before a person is hired by a company. Therefore, reasonable accommodations must be made in various aspects, such as job ads, job applications, job interviews, and medical examinations. It’s important to know that accommodations may not be the same for every disabled employee. For example, if a job applicant is deaf, they may require a sign language interpreter for a job interview. A person with a vision impairment may need someone to read important information to them. If an employee has cancer, they may need to miss work due to radiation or other treatments. Other examples of reasonable accommodations include: - A change in job duties. - Improved accessibility in a work area. - Providing special equipment or software. - Changing how tests and training materials are delivered. - Allowing a flexible work schedule. - Reserved parking that is closer to the building/work area. When it comes to making these requests known, disabled employees can make requests for accommodations to their employer or the employer can ask if accommodations are necessary. The Equal Employment Opportunity Commission (EEOC) allows a disabled person to use “plain English” when requesting an accommodation. The terms “ADA” or “reasonable accommodation” do not need to be used. However, a disabled person does have the responsibility to make their accommodation known, as employers are only required to accommodate known disabilities. The EEOC also allows employers to ask employees with disabilities if they need a reasonable accommodation when there is a reason to believe so. For example, an employer could ask a deaf employee if they will need reasonable accommodation when meeting with a client. If an employee uses a wheelchair, the employer may ask about accessibility concerns. In any case, the requested accommodations must be reasonable and cannot pose an “undue hardship” on the employer. They must be minimal in nature. Undue hardship means that the accommodation would result in significant difficulty or expense. This may include accommodations that are extensive, substantial, disruptive, or would alter business operations. An employer must assess whether a particular request for accommodation would cause undue hardship. Examples of undue hardship include accommodations that: - Infringe on employee rights - Negatively impact employee benefits - Reduce workplace safety - Lower job efficiency in other areas of the business - Are illegal or immoral ## What to Do if You Face Disability Discrimination If your employer has engaged in disability discrimination, you should first raise the issue with your employer. If you are still employed, follow your company’s policy for filing complaints. If no policy exists, put your complaint in writing and discuss it with the human resources department or personnel office. Filing an internal complaint can be beneficial because it shows that you tried to resolve the complaint before taking legal action. Plus, if the employer is made aware, they may try to handle it and offer a settlement before you file a lawsuit. If your employer does not respond or you are not employed, file a charge with the EEOC. You have 300 days to file your EEOC charge if your state also has a law that prohibits disability discrimination. If not, you have just 180 days to file. Illinois has the statewide Human Rights Act, so you have 300 days to file a claim. The EEOC will notify your employer and investigate the claim by talking to co-workers and managers. Nice the EEOC is done processing your claim, it will send you a “right to sue” letter. You then have just 90 days to file a lawsuit, so act quickly. ## Contact Our Chicago Disability Discrimination Lawyers It is unfair for a person to get different treatment from their employer due to a disability. Businesses and organizations should ensure they are following the laws and making reasonable accommodations for disabled employees. Only when instances of undue hardships should there be exceptions. If you have faced discrimination from your employer because of your disability, you have rights that deserve to be protected. North Suburban Legal Service, LLC can help you file a claim against them. Our Chicago disability discrimination lawyers can assess your case and help you determine the next steps. Schedule a consultation today by calling [(312) 313-4038](tel:(312)%20313-4038). --- ### [Chicago COVID Vaccine Discrimination Lawyer](https://nslslaw.com/chicago-covid-vaccine-discrimination-lawyer.html) **Published:** February 23, 2022 **Author:** admin **Content:** ## COVID Vaccine Discrimination Federal laws are in place to protect employees against employment discrimination, and the COVID-19 vaccine is no exception. Whether or not a person should be forced to get vaccinated against COVID has become a hot topic in the past year, to say the least. Everyone has strong opinions about whether or not they should get vaccinated. So should (or can) an employer require you to get vaccinated? The coronavirus pandemic is continuing in the United States after two years, which means laws and requirements are constantly changing. Businesses are reviewing and revising their COVID-19 vaccination policies on a continual basis, but there is still a lot of confusion. What can employers do if workers refuse to get the vaccine? Many are placing workers on unpaid leave and even firing them. Others are requiring weekly testing and other safety precautions for employees who refuse to get vaccinated. The Equal Employment Opportunity Commission (EEOC) states that under federal anti-discrimination laws, employers are not prohibited from requiring all employees who physically enter the workplace to get a COVID-19 vaccine. However, employers that require vaccinations must consider reasonable accommodations when employees refuse to get vaccinated for medical reasons, pregnancy-related reasons, or religious beliefs. State and local rules vary, but employees are often given various options to comply with their company’s COVID-19 policies, such as showing proof of vaccination, submitting to weekly testing, wearing masks, and social distancing (6 feet apart) when around other workers and visitors. However, keep in mind that some companies consider weekly testing as an undue hardship due to the financial and administrative burden involved and may opt to fire employees who refuse to get vaccinated unless they have a medical or religious objection with reasonable accommodation. While an employee may challenge these requirements, employers tend to have the upper hand in these decisions. Judges have generally sided with the employer in lawsuits involving a company’s vaccination requirements. When there are conflicting state and federal laws involved, the federal laws will generally take precedence. ## Disability Accommodation A vaccination mandate should be job-related and be required due to a business need. Under the Americans with Disabilities Act (ADA), an employer’s workplace policy may state that an employee shall not pose a direct threat to the health or safety of their co-workers. Therefore, if an employee refuses to obtain the COVID-19 vaccine, an employer needs to evaluate the risk involved, especially if an employer is mandating that all employees get the vaccine. If a vaccination requirement shows the disabled person is not required to get the vaccine, then the employer must show that the unvaccinated employee would not pose a threat to others in the workplace. A direct threat refers to substantial harm that cannot be reduced by reasonable accommodation. There are four factors that employers should assess to determine whether a direct threat exists: - The likelihood that the potential harm will occur - The imminence of the potential harm - Duration of the risk - Nature and potential severity of the harm If an employee who cannot be vaccinated poses a direct threat, then the employer must consider reasonable accommodation, like allowing the employee to work remotely or take a leave of absence. In any case, employers and employees should work together to determine whether a reasonable accommodation can be made. The following should be considered: - Job duties and functions of the employee in question - Importance of the employee’s vaccination based on employer operations - The possibility of an alternative job for the employee ## Religious Accommodation The EEOC has created a religious accommodation request form for employees. On the form, employees must identify their religious belief that shows that they do not have to meet their company’s COVID vaccine requirement. But what can be considered a religious accommodation? It’s hard to say because many churches do believe that their congregation should get the vaccine for moral and ethical reasons. After all, we are supposed to love others, so by getting the vaccine, we would be doing our part in helping others. One of the main issues with those who are religious is the belief that COVID vaccines contain aborted cells of fetuses. To be clear, the Moderna and Pfizer COVID-19 vaccines do not contain any aborted fetal cells, which means pro-life Christians should consider taking these vaccines. But many Christian leaders have also said that if those vaccines are not available, Christians should take the Johnson & Johnson vaccine, even though it may or may not contain fetal stem cells (some sources say they do, others say they don’t). That’s because COVID has proven deadly and your life, as well as the life of your loved ones and others around you, is at risk. But there are people who are using the excuse that they should get a religious exemption because it is a matter of their personal faith and not necessarily formal doctrine. Again, this reasoning is not black and white and therefore difficult to sort out. Overall, very few religions ban getting the shot. However, there are Christian faiths that do oppose COVID vaccines and all other types of vaccinations on theological grounds. They include the Church of the First Born, Faith Assembly, Dutch Reformed Church, and Endtime Ministries. Church leaders encourage church members to recognize the seriousness of public health concerns. However, they do not impose a decision and recognize that they are free to make their own choices on whether or not to vaccinate. ## Contact Us Today To Discuss COVID Vaccine Discrimination In Chicago COVID and the vaccine have led to a lot of discussion and disagreement in workplaces. Should employees be forced to come to work if they have the virus? Should they be required to get the vaccine, even if they work from home or not around other employees or the public? The virus is still relatively new and so the laws are constantly changing in regard to COVID vaccinations. Even individual states are passing bills to protect workers. Where do you stand? The Chicago COVID vaccine discrimination lawyers from North Suburban Legal Service, LLC can help you learn your legal rights during these ever-changing times. We can assist you in understanding the laws that apply to you and your workplace. To learn more, call our office at [(312) 313-4038](tel:(312)%20313-4038) and schedule a consultation today. --- ### [Wrongful Termination Claims Defense](https://nslslaw.com/wrongful-termination-claims-defense.html) **Published:** March 7, 2022 **Author:** admin **Content:** North Suburban Legal Services LLC is a Chicago area employment law firm with extensive experience defending companies against claims from former employees. We defend against wrongful termination lawsuits. Please be advised that this is only general information. If you are currently facing a legal issue — or if you believe you might face one in the future — we urge you to call us at **(312) 909-6089**. We provide a free, no-obligation initial consultation so you can obtain the latest details and better understand your legal position before you make any further decisions. ## Employer-Side Wrongful Termination Cases in Chicago and the Suburbs ![](https://www.nslslaw.com/wp-content/uploads/2022/03/Wrongful-Termination-Claims-Defense-300x200.jpg "Wrongful Termination Claims Defense - North Suburban Legal Services LLC")Workers often feel wronged when they are fired. However, a successful wrongful termination claim against your company would have to prove a violation of an employment contract or a public policy. More often than not, employees do not have specific contracts. Employees without contracts in Illinois are employed “at will”. At-will employees may quit for essentially any reason. Similarly, you may fire your at-will employees for any reason — as long as that reason is not illegal. Here are some of the times when firing an at-will employee might violate the law: - Discrimination based on any number of civil rights laws, such as the ADA, ADEA, or the Civil Rights Act of 1964 - Retaliatory firing, such as for filing for workers’ compensation or becoming a whistleblower - Terminating an employee for taking or attempting to take leave (such as is allowed under the FMLA) Please note that wrongful termination claims in Illinois might also arise if the employee quits. This is called constructive discharge. In these cases, the argument against you would likely be that you created a hostile work environment and made it necessary to quit. ## Quick Overview of Wrongful Termination in Illinois Wrongful termination claims could result in significant losses for your company. As such, a strategic approach is often necessary, and some business owners do legal research proactively. Here is an example of an inclusive strategy: - Drafting of contracts and policies with termination in mind - Pre-termination research for each firing - Assessing your liability/risk from potential or actual wrongful termination claims - Determining the company’s best interests in light of evidence - Seeking dismissal of frivolous lawsuits - Resolving the situation as is most appropriate — via severance negotiation, settlement, or litigation ## Representing Illinois Businesses in Employment Conflicts If you believe you are at risk, we urge you to contact one of our employment attorneys. We are available to represent companies in lawsuits, assess risk factors, or proactively consult regarding your company policies. North Suburban Legal Services LLC serves clients in Chicago, Schaumburg, and throughout all of Illinois. Please do not hesitate to call **(312) 909-6089** to schedule your free consultation. --- ### [Employment Discrimination Defense](https://nslslaw.com/employment-discrimination-defense.html) **Published:** March 7, 2022 **Author:** admin **Content:** North Suburban Legal Services LLC is a Chicago area employment discrimination defense law firm operating throughout Illinois. We have offices in downtown Chicago and Schaumburg. We provide discrimination law services for businesses of all sizes. Please call **(312) 909-6089** at any time to schedule a free, no-obligation consultation. ## Experience With Administrative Processes, Negotiation, and Discrimination Litigation ![](https://www.nslslaw.com/wp-content/uploads/2022/03/Employment-Discrimination-Defense-300x200.jpg "Employment Discrimination Defense - North Suburban Legal Services LLC")We are prepared to defend your business against claims of discrimination in any forum. We have experience with both formal litigation and administrative hearings. Our attorneys are also skilled negotiators who prioritize securing dismissal for weak cases. Essentially, we understand that a claim could affect your bottom line. Our goal is always to obtain the best possible outcome in the most efficient manner. ## Deep Knowledge of Employment Law We defend public- and private-sector organizations against discrimination claims. These claims typically include allegations of decision-making based on a protected class. Protected aspects include but are not limited to: - Age (40 and older) - National origin - Pregnancy status, gender identity, sexual orientation - Genetics and family medical history - Race, skin color, hair texture - Religion - Disability Claimants could be current, former, or even prospective employees. Potentially every aspect of the employee-employer relationship is subject to a variety of civil rights laws, most notably: - The First Amendment of the U.S. Constitution - The Americans With Disabilities Act - The Family And Medical Leave Act - The Civil Rights Act of 1964 Our attorneys have experience representing both sides of these cases. In addition to possessing extensive knowledge of these laws, we understand the agenda of both parties in a typical case. ## Defending Management Against Discrimination Claims In a discrimination case, a worker will likely claim that an adverse action — not getting a job, being passed over for a promotion, or being fired, for example — was the result of illegal decision-making on the part of your company. The main strategies for your defense might include: - Showing evidence of poor employee performance, criminal activity, absenteeism, or other non-discriminatory reasons for your action - Showing lack of compliance with Equal Opportunity Exchange Commission statute or procedure, in the case of an administrative action ## Preparing Illinois Businesses for Compliance The most efficient defenses are preparation and risk reduction. Here are some of the ways our attorneys help companies dissuade baseless claims and strengthen their arguments: - Establish and audit recordkeeping practices throughout the employment process - Advise on the development, implementation, and equal enforcement of anti-discrimination policies - Educate management and employees on how to maintain a non-discriminatory culture and physical work environment - Consult with management regarding providing accommodation and preventing escalation - Audit all internal processes for discrimination claim risk ## Contact Us for a Free Consultation If you have an employment discrimination claim against your company, contact North Suburban Legal Services LLC today at **(312) 909-6089** to schedule your free initial consultation. --- ### [ADA Lawsuit Defense](https://nslslaw.com/ada-lawsuit-defense.html) **Published:** March 7, 2022 **Author:** admin **Content:** North Suburban Legal Services LLC is a Chicago area employment law firm with extensive experience representing employers in ADA lawsuits. ![](https://www.nslslaw.com/wp-content/uploads/2022/03/ADA-Lawsuit-Defense-300x200.jpg "ADA Lawsuit Defense - North Suburban Legal Services LLC")The Americans with Disabilities Act was intended to protect people with disabilities in the workplace and in the public sphere. It has accomplished good things, such as providing wheelchair access on public transportation. Unfortunately for many companies across the country, the ADA also forms the backdrop for a large number of frivolous claims of accessibility violations. These lawsuits could be brought by nearly anyone and target nearly any aspect of a business, such as: - Elements of brick-and-mortar facilities, such as bathrooms, hotel rooms, or entrances - Hiring processes - Workplace culture - Company websites Successful cases could result in significant losses for a company. Although many claims are baseless, we urge you to contact us at **(312) 909-6089** before you have any further communication with an adverse party or make any assumptions about the validity of a lawsuit. ## Comprehensive Legal Services for Defending Companies Against ADA Claims We represent clients throughout greater Chicagoland and in all of Illinois from our offices in Schaumburg and the Loop. Our attorneys have extensive experience in ADA lawsuit defense for businesses. Our goal is simple. We want to identify your risk, reduce it as much as possible, and resolve any disputes in the best interest of your company. We fight for the dismissal of baseless, manufactured claims of non-compliance. When plaintiffs prepare stronger cases, we are prepared to negotiate fair settlements or defend you in trial. The most efficient ADA defense strategies are typically preparation and prevention. Our experienced attorneys also provide the following proactive services: - Reviewing employment and record-keeping policies - Drafting contracts - Performing pre-termination assessments and developing action plans - Providing company-specific risk-reduction programs ## The ADA Explained in Brief The ADA is a federal law put into effect in 1990. The goal was to remove excess barriers and promote accessibility for people with disabilities. “Disability” has a broad definition, ranging from motor impairment to emotional disorders. The ADA has several sections, called “titles”, which each define certain categories of protection. There are two titles that feature most commonly in claims against small-to-medium size businesses: - Accommodations and anti-discrimination guidelines for people with disabilities in employment (and during hiring) - Equitable access to areas of public accommodation, including but not limited to shops, restaurants, offices, and event spaces The ADA also has several other sections that you are less likely to encounter as a small-business owner. They include terms about: - Accessibility in broadcasting and telecommunications - Equal access to government programs, events, and public transportation - Retaliation against people for filing (or participating in) ADA claims ## Call NSLS Today for a Free, No-Obligation ADA Lawsuit Consultation We invite you to call us at **(312) 909-6089**. In addition to our ADA services, we are a full-service employment and business law firm — please do not hesitate to schedule a free consultation regarding any of these matters. --- ### [Wrongful Termination](https://nslslaw.com/wrongful-termination-lawyers.html) **Published:** January 19, 2022 **Author:** admin **Content:** # Chicago Wrongful Termination Lawyers North Suburban Legal Services, LLC., has extensive experience in employment and [business law](https://www.nslslaw.com/practice-areas/business.html). We advocate for our clients’ rights to work, to collect unemployment benefits, and to do the right thing without fear of retaliation from employers. We have offices in [Schaumburg](https://www.villageofschaumburg.com/) and Chicago, Illinois. We serve the entire state, including all of Chicagoland. Please call **(312) 909-6089** to schedule a confidential, free consultation with an experienced wrongful termination attorney. The remainder of this article will look at some types of wrongful termination. Even if you do not see your exact situation listed, please do not hesitate to reach out for a personal analysis of your case. ## **Violating an Anti-Discrimination Law** ![](https://www.nslslaw.com/wp-content/uploads/2022/01/Wrongful-Termination-300x200.jpg "Wrongful Termination - North Suburban Legal Services LLC")Unfortunately, one of the most common types of wrongful termination is when an employer fires someone based on a protected class. These classes include race, color, religion/creed, sex, age, nationality/ancestry, disability, and veteran status. Other factors may also apply. Sex discrimination could include firing you because you are or might become pregnant. Age discrimination might come in the form of forced retirement. There are too many examples to list — please contact us so one of our attorneys can provide relevant information. ## **Breach of Employment Contract** Employers typically write employment contracts that heavily favor their own positions. However, even as an at-will employee, you probably have rights of which you are unaware. Our attorneys are able to help review and respond to employment contracts. We also help our clients determine if a given termination was in breach of contract. ## **Firing a Whistleblower / Retaliatory Termination** It is illegal for an employer to terminate your employment because you blew the whistle on activity you believed to be in violation of state or federal law. This activity might include anything from reporting office crimes to sharing documents proving tax evasion. The ideal time to contact a lawyer is probably before you share whistleblower information with authorities. However, North Suburban Legal Services, LLC., can also handle the more complex types of cases that begin after employers wrongfully terminate employment. ## **Creating a Hostile Work Environment** Employers sometimes act more subtly than simply firing you. Instead, they might create a hostile work environment. If you feel threatened, singled out, or intimidated at work, you might be able to form a case. Hostile work environments typically consist of various forms of verbal and physical harassment. Even if this situation makes you feel like quitting, please speak with an attorney before doing so. ## **Schedule a Free Consultation Today** Our employment law attorneys offer free, confidential, no-obligation consultations. We can go over any details of your case and help you understand your best options. Please call **(312) 909-6089** today to schedule an appointment. --- ### [Disability Discrimination](https://nslslaw.com/disability-discrimination-lawyers.html) **Published:** January 19, 2022 **Author:** admin **Content:** # Chicago Disability Discrimination Lawyers (ADA) North Suburban Legal Services, LLC., has an experienced team of disability lawyers who can handle even the most complex cases. We help clients protect their civil rights at work and in their daily lives. From our offices in [Schaumburg](https://www.villageofschaumburg.com/) and Chicago, we serve greater Chicagoland and all of Illinois. This article will outline our disability practice as it relates to employment law and ADA. Please contact us directly at (312) 909-6089 for more information. ## **The Americans with Disabilities Act** The [Americans with Disabilities Act of 1990](https://www.ada.gov/ada_intro.htm) and the amendments of 2008 define the legal characteristics and rights of people with disabilities in the United States. This law offers broad protections for people with all kinds of disabilities, but proving a case can be a complex process. Our attorneys are experienced and knowledgeable in this emotionally charged, complicated area of the law. Please call us today for a no-obligation, complimentary consultation if you believe you have a case. ## **Discrimination at Work** Disability discrimination at work could come in many forms. The ADA provides requirements for anti-discrimination and reasonable accommodations. Here are some examples of what you could be within your rights to request: ![](https://www.nslslaw.com/wp-content/uploads/2022/01/Disability-Discrimination-300x200.jpg "Disability Discrimination - North Suburban Legal Services LLC") - Modification of workplaces and workstations for accessibility - Changing discriminatory policies - Restructuring duties and jobs - Interpretation services - Modification of equipment ## **Discrimination Using Public Services** Public services, most notably public transit, must be accessible to people with disabilities under Title II of the ADA. The applies to (but is not limited to) the following Chicagoland and Illinois transit services: - CTA busses and trains - Pace and Pace Paratransit - Metra Rail - Amtrak Public services, including these transit authorities, cannot deny your participation in programs or activities that are offered to people without disabilities. Please contact us for any specific questions regarding your access under Title II. ## **Discrimination at Privately Owned Businesses and Facilities** Under ADA’s Title III, you have the right to reasonable accessibility at public accommodations, which include nearly all types of private businesses that serve the public. Examples include restaurants, grocery stores, malls, and even private busses. New buildings for these types of businesses need to be ADA compliant. If accessibility is readily achievable, businesses must remove any existing barriers. ## **Contact Us for a Consultation** The ADA also applies to telecommunications and various other situations. If you believe that you were denied opportunity of any kind because of your disability, the ADA might apply to your situation. The same could be true if your employer is not making reasonable accommodations that would allow you to perform your job. Please call our Chicago disability discrimination lawyers at **(312) 909-6089** to schedule a free consultation. --- ### [Employment Discrimination](https://nslslaw.com/employment-discrimination-lawyers.html) **Published:** January 19, 2022 **Author:** admin **Content:** # Chicago Employment Discrimination Lawyers Welcome to North Suburban Legal Services, LLC., a Chicago employment law firm with offices in Schaumburg and Chicago, Illinois. We help people [stand up to employers](https://www.nslslaw.com/practice-areas/employment.html) and protect civil rights. Our team has extensive experience with a wide range of employment conflicts. Please schedule a complimentary consultation by calling **(312) 909-6089**, even if you do not see your exact issue mentioned in this article. ## ![](https://www.nslslaw.com/wp-content/uploads/2022/01/Employment-Discrimination-300x188.jpg "Employment Discrimination - North Suburban Legal Services LLC")**Sex Discrimination** Sex discrimination is defined as an adverse action based on your sex. It includes discrimination or harassment related to pregnancy. Here are some examples of laws that could protect you from discrimination based on sex and gender: - Title VII of the Civil Rights Act of 1964 - The Equal Pay Act - Family and Medical Leave Act These laws regulate workplace behavior, pay rates, termination, and maternity leave, among other things. It is important to understand which laws apply to your case. Our attorneys have extensive experience making these types of analyses — please do not hesitate to contact us for more information. ## **Age Discrimination** Age discrimination laws generally protect the rights of those over 40 years old. The protections may cover discrimination at work, unjust termination, or even your rights when you are applying for a new job. Here are some important laws: - Age Discrimination in Employment Act of 1967 - Older Workers Benefit Protection Act - Continuation of Health Coverage (COBRA) From protecting your status as a person over 40 to formalizing the extension of your health benefits, these laws could offer some powerful options. Please contact us to understand how they might apply to your situation. ## **Sexual Orientation Discrimination** The Illinois Human Rights Act is intended to protect you against discrimination based on actual or perceived sexual orientation. If you believe that your employer is making decisions based on this protected status or perception thereof, please contact one of our attorneys. ## **Religious Discrimination** Religion is a protected class under federal and Illinois civil rights laws. If you have experienced a hostile work environment, discrimination, or termination based on your religious practices, you might have a case. ## **COVID Vaccine Discrimination** A mandate by your employer to accept healthcare could infringe upon your civil rights. Our attorneys can help you understand how the following might apply to your case: - Illinois law (including the June 2022 amendment) - [Title VII of the Civil Rights Act of 1964](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964#:~:text=Title%20VII%20prohibits%20employment%20discrimination,L.&text=Be%20it%20enacted%20by%20the,Civil%20Rights%20Act%20of%201964%22.) - OSHA Emergency Temporary Standards - Federal Centers for Medicare and Medicaid Services rules ## **Disability Discrimination (ADA)** The Americans with Disabilities Act of 1990 was amended in 2008 to further define legal disability. Discrimination is prohibited at work and during hiring. You also must be offered the reasonable accommodations you need to do your job as a disabled person. North Suburban Legal Services, LLC., serves clients in the greater Chicago area and throughout Illinois. Please schedule your free consultation today by calling **(312) 909-6089**. --- ### [Chicago Wrongful Termination Attorney](https://nslslaw.com/chicago-wrongful-termination-attorney.html) **Published:** February 23, 2022 **Author:** admin **Content:** # Wrongful Termination If you were a good employee with excellent performance reviews who was suddenly fired from your job for no apparent reason, you may feel upset. You may be confused about why you were fired from your job. You may even feel as though you were wrongfully terminated. It’s important to know that wrongful termination is more than just a feeling; it’s a law with a specific legal definition. Even if you feel as though your termination was done without cause, keep in mind that there does not necessarily need to be a cause for your termination. That’s because Illinois, like most other states, is an “at-will” state. [At-will employment](https://www.ncsl.org/research/labor-and-employment/at-will-employment-overview.aspx) means that employers are legally allowed to terminate an employee at any time, for any reason, and without warning, as long as it is done legally. Likewise, employees are also entitled to leave their job at any time without reason or warning. ## Wrongful Termination in Illinois As mentioned above, the firing must be done legally. Otherwise, it is considered wrongful termination. In Illinois, you can file a wrongful termination lawsuit if you were actually fired and you can prove one of the following: - **Discrimination.** It is illegal to fire an employee solely based on their protected class. Protected classes include race, nationality, gender, gender identity, age, pregnancy status, marital status, and disability. - **Breach of contract.** If the employee and employer have a contract in place, and this contract is breached due to the employee’s firing, then it may be considered wrongful termination. However, if an employee has a contract with an end date for their services, that person is likely an independent contractor instead of an at-will employee. - **Taking leave.** A worker cannot be fired for taking leave that they are allowed to be given by their employers, such as using accrued vacation days or time under the Family and Medical Leave Act (FMLA). - **Retaliation.** An employee cannot be fired for engaging in certain protected actions, such as whistleblowing, protesting against an employer, or filing a complaint with the Equal Employment Opportunity Commission (EEOC). - **Public policy.** A worker cannot be terminated for reasons that go against public policy. Public policy violations are typically based on retaliatory discharge. Some examples include filing for workers’ compensation, refusing to perform sexual favors for employers, voting, serving jury duty, or protesting against an employer. ## What Is Constructive Discharge? Illinois, like most states, recognizes a form of wrongful termination called constructive discharge. This is when an employee quits because the working conditions have become so intolerable that they can no longer work for the employer. In this case, the employee had no option but to quit their job because the working conditions had become so bad. In a constructive discharge case, the law overlooks the employee’s resignation because the employment relationship was terminated by the employer’s conduct. In fact, the resignation is treated as a firing. However, an employee can’t simply quit their job for any reason and claim constructive discharge. The following three elements must be proven: 1. Your employer intentionally engaged in workplace harassment by creating a hostile work environment. 2. Your employer tried to get you to quit through discrimination or illegal motivations. 3. Conditions at your workplace were so unbearable that your only choice was to resign your position. Generally, a regular pattern of egregious conduct will need to be proven before an employee’s resignation can be considered a constructive dismissal. Isolated acts don’t typically qualify as adverse employment conditions unless there was a violent crime involved. To determine whether or not an employee’s resignation can be considered constructive dismissal, the courts will look at factors such as: - The nature of the employer’s conduct. - Whether or not the employee was required to participate in illegal activity. - Whether or not the employer acknowledged the employee’s complaints; - How much time has passed between the employer’s conduct and the employee’s resignation? ## Reasonable Person Standard While an employee may believe that their working conditions are intolerable, the courts may not agree. They will use the reasonable person standard to determine whether the average person would find the workplace conditions to be unusually egregious and adverse. It does not matter if the employee believes that they are unable to work in the environment imposed by the employer. If a reasonable person would not find the conditions intolerable, then the employee’s resignation will be treated as a voluntary resignation by the employee. ## Proving Wrongful Termination Wrongful termination cases can be hard to prove, mainly because most workers are “at-will” employees. This makes it difficult to gather strong enough evidence to support an employee’s claim. That is why it is not recommended for a worker to represent themselves in such a case. Instead, an employee who believes they were wrongfully terminated should contact an Illinois wrongful termination lawyer. A lawyer will have experience with these types of cases and already be familiar with the laws and procedures. An experienced employment law attorney can evaluate your claim to see if you have a wrongful termination case. An employment lawyer can help workers navigate the Illinois court system. They know what types of evidence are needed to support your claim. Your lawyer can also discuss the potential consequences of filing a lawsuit, as well as the remedies you could recover. You could receive money to compensate you for lost pay and benefits. In extreme cases, you may be able to receive compensation for emotional distress and an award for punitive damages. However, these damages are not common. ## Contact Our Chicago Wrongful Termination Attorney While Illinois is an at-will employment state, employees do have some rights when it comes to employment and termination. You may be able to file a claim if you were fired for an illegal or discriminatory reason. North Suburban Legal Service, LLC can help you file a lawsuit against an employer who has wrongfully terminated your employment. Our Chicago wrongful termination attorney can assess your case and help you get results. [Schedule a consultation](https://www.nslslaw.com/contact-us.html) to get a favorable outcome. Call our office today at (312) 909-6089. --- ### [Practice Areas](https://nslslaw.com/practice-areas.html) **Published:** January 31, 2018 **Author:** admin **Content:** North Suburban Legal Services LLC is a Chicago law firm representing individuals and businesses in a wide range of practice areas including but not limited to: - [Business Law](https://www.nslslaw.com/practice-areas/business.html) - Tax Law - [IRS Tax Law](https://www.nslslaw.com/practice-areas/tax/irs-tax-lawyers.html) - [IRS Protection](https://www.nslslaw.com/practice-areas/tax/irs-protection.html) - [IRS Lien Removal](https://www.nslslaw.com/practice-areas/tax/irs-lien-removal.html) - [Payroll Tax Law](https://www.nslslaw.com/practice-areas/tax/payroll-tax-lawyers.html) - [Criminal Tax Defense](https://www.nslslaw.com/practice-areas/tax/criminal-tax-defense.html) - [Offer in Compromise](https://www.nslslaw.com/practice-areas/tax/offer-in-compromise.html) - [Employment Law](https://www.nslslaw.com/practice-areas/employment.html) - [Sex Discrimination ](https://www.nslslaw.com/chicago-sex-discrimination-lawyer.html) - [Age Discrimination](https://www.nslslaw.com/chicago-age-discrimination-lawyer.html) - [Religious Discrimination](https://www.nslslaw.com/chicago-religious-discrimination-attorney.html) - [Sexual Orientation Discrimination](https://www.nslslaw.com/chicago-sexual-orientation-discrimination-lawyers.html) - [COVID Vaccine Discrimination](https://www.nslslaw.com/chicago-covid-vaccine-discrimination-lawyer.html) - [Wrongful Termination](https://www.nslslaw.com/chicago-wrongful-termination-attorney.html) - [Retaliatory Discharge](https://www.nslslaw.com/chicago-retaliatory-discharge-attorneys.html) - [Disability Discrimination](https://www.nslslaw.com/chicago-disability-discrimination-lawyers.html) - [ADA Compliance](https://www.nslslaw.com/chicago-americans-with-disabilities-act-lawyer.html) For a free initial consultation, contact one of our experienced attorneys today at [(312) 909-6089](tel:3129096089). --- ### [Chicago Religious Discrimination Attorney](https://nslslaw.com/chicago-religious-discrimination-attorney.html) **Published:** February 23, 2022 **Author:** admin **Content:** # Religious Discrimination There are many different types of discrimination that can occur in the workplace, and religious discrimination is one of them. [Religious discrimination involves treating an applicant or employee unfavorably because of their religious beliefs. ](https://www.eeoc.gov/religious-discrimination) The law protects those who believe in organized religions—such as Christianity, Judaism, Buddhism, and Hinduism—as well as those who have strong religious, moral, or ethical beliefs. Religious discrimination laws apply to employers with 15 or more employees. The law forbids discrimination when it comes to hiring, pay, benefits, job assignments, training, promotions, layoff, firing, and any other aspect of employment. Also prohibited in the workplace is any type of segregation based on religion (including religious clothing and grooming), such as reassigning an employee to a position where they are not in the public eye due to actual or feared customer preference. ## Religious Practices Religious practices may be based on theistic (believing in God) or nontheistic (not believing in God) beliefs as well as moral or ethical beliefs about what is right or wrong. Religious observances or practices may include: - Praying - Attending worship services - Displaying religious objects - Wearing religious clothing or symbols - Adhering to dietary rules - Refraining from certain activities - Other forms of religious expression Religious discrimination may also occur when employees are required to abandon or adopt a religious practice as a condition of employment. It can also happen when applicants or employees face unwelcome remarks based on their religion (or lack of it). ## Religious Harassment Laws It is illegal to harass an employee because of their religion. The harasser can be the victim’s supervisor or a supervisor in another area. It can also be a co-worker or customer. Harassment can include offensive remarks about a person’s religious beliefs or practices. Simple teasing or isolated incidents are not considered harassment, since it is usually not severe. It is only illegal when it is so frequent that it creates a hostile or offensive work environment. A hostile work environment is when an employee is subject to severe, ongoing intimidation and insult based on their religious beliefs. To prove that a hostile work environment exists, an employee must show that: - The employee was harassed based on their religion - The harassment was unwelcome - The harassment was so severe or frequent that it made work conditions hostile or abusive - The employer could be held liable for the discrimination or harassment ## What Employers Should Consider An individual’s religious beliefs and viewpoints can sometimes collide with workplace events or policies. A non-Christian employee may feel offended when holiday parties are called Christmas parties or when only Christian holidays are observed at work. There may also be situations in which the employee’s own religious observances conflict with the workplace. A co-worker may make derogatory comments about religion. Being open to the religion of others is a great opportunity for employers to provide a welcoming workplace, especially when they are trying to attract top talent. The truth is that while not everyone is considered religious, pretty much everyone has a viewpoint on religion or spirituality. By managing these points of view with respect, employers can create a culture where employees are happy and productive. Plus, it makes legal compliance much easier. ## Reasonable Accommodations For the most part, the law requires employers to reasonably accommodate an employee’s religious beliefs or practices. This means employers should be prepared to make reasonable adjustments that will allow employees to practice their religion in the work environment. Some examples of common religious accommodations include shift swaps or substitutions, flexible scheduling, job reassignments, and modifications to workplace policies. Reasonable accommodations also apply to things such as dress or grooming practices that an employee observes for religious reasons. Some examples may include head coverings or religious dress (such as a Muslim headscarf or Jewish yarmulke) or wearing religious hairstyles or facial hair (such as Sikh hair and beard). Also, some religions prohibit women to wear certain clothing, such as pants or miniskirts, so a woman may dress in a fashion that is in agreement with her religion. When an employee or applicant needs a reasonable accommodation for their religious practices, they should notify the employer. For example, if you need time off to attend church or pray, you should let your employer know about the work schedule conflict. You can ask for a change in a workplace rule so that you can engage in a religious practice without conflicting with your work obligations. Most religious accommodations do not require any monetary or administrative burdens. Usually, your employer can allow you to use your breaks or lunch for prayer. Employers must give time off for holy days such as the Sabbath or holy days unless the employee’s presence is critical to the company on any given day. Whether or not your employer can accommodate your request will depend upon the nature of the work and the workplace. In these cases, the accommodation may pose an undue hardship for the company. ## Undue Hardship An employer is not legally required to accommodate an employee’s religious beliefs or practices if it would cause undue hardship to do so. An accommodation may cause undue hardship if it is: - **Costly.** Reasonable accommodation should cost little to no money. Having to hire additional staff, for example, would be an undue hardship. - **Compromises workplace safety.** Workplaces should always be safe, regardless of religion. - **Decreases workplace efficiency.** Reasonable accommodation should not negatively impact productivity. - **Infringes on the rights of other employees.** Other employees should not have to give up their rights due to one employee’s religion. - **Requires other employees to do extra work.** The number of work employees have should be fair regardless of religion. ## Contact Our Chicago Religious Discrimination Attorney There are many situations in which an employee’s religious beliefs can interfere with the workplace and their schedule. If an employee has faced discrimination due to their religion, then they should take legal action. The Chicago religious discrimination attorneys from North Suburban Legal Service, LLC can let you know whether or not you have a valid claim. [Schedule a consultation ](https://www.nslslaw.com/contact-us.html)by calling (312) 909-6089. --- ### [Employment](https://nslslaw.com/practice-areas/employment.html) **Published:** January 31, 2018 **Author:** admin **Content:** ## Chicago Lawyers Representing Employers in Unemployment Defense Issues that might arise under the subject of labor law and specifically unemployment defense are often complex and unpredictable. Current economic situations negatively affected not only employees but also employers. Many business owners struggle within their regular course of business. Instead of helping small and medium-size corporations and encouraging people to open new business entities, the government placed multiple burdens on business owners. For example, unemployment benefits were extended, and its premium was increased. Moreover, the state of Illinois made a step further and amended its [Wage Payment and Collection Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2402&ChapterID=68), by adding fines and even making it possible to hold employers criminally liable. ## **Do You Need to Respond to an Unemployment Benefits Claim Filed by an Employee Against Your Business?** The process of filing and claiming unemployment benefits in Illinois is very relaxed and significantly favors employees. If you are an Illinois employer with at least 2 employees, [contact](https://www.nslslaw.com/contact-us.html) our office today for a free initial consultation. The attorneys at North Suburban Legal Services are experience unemployment defense lawyers that represent businesses of all sizes throughout Illinois. If you are a last chargeable employer and an employee is successful in his or her claim, you will pay higher unemployment insurance benefit tax deductions, which may slow down your company’s growth. Because of the relaxed nature of these rules, any employee with or without grounds for a claim can easily file a complaint. Moreover, the burden is on you, the employer to prove that an employee is not eligible for unemployment benefits. If you do not respond, the employee automatically wins, even if he or she was fired for misconduct, and your unemployment deduction tax rate will automatically go up. ## **Should You Hire an Unemployment Defense Lawyer?** It depends. The rules of procedure are very specific and difficult. Because of the caseload that IDES has to deal with, the case-workers or referees do not allow too much of a latitude. They would rather grant an unemployment benefits claim and move on to the next case than go into the merits of it. This would be true, of course, if you do not act. There are some unemployment defense cases that employers can win on their own. But the majority of unemployment defense issues are very specific, and the employer would need either to spend lots of time researching the topic or hire somebody else to do it. Our law firm has been dealing with unemployment defense issues for a very long time and represents small, medium, and large businesses as well as corporations. ### **Contact a Chicago Unemployment Defense Lawyer Today** If an unemployment benefits claim was filed against your business by an employee, it is in your best interest to hire an experienced attorney. [Contact North Suburban Legal Services](https://www.nslslaw.com/contact-us.html) today to schedule a free initial consultation with one of our unemployment defense lawyers today. --- ### [Offer in Compromise](https://nslslaw.com/practice-areas/tax/offer-in-compromise.html) **Published:** January 31, 2018 **Author:** admin **Content:** ## Offer in Compromise When you owe a substantial amount of tax debt to the IRS, it is sometimes possible to settle the debt and pay less than you actually owe. Paying off your debt this way can help you avoid consequences for carrying the debt like tax levies, property liens, and wage garnishment. This is known as an [offer in compromise (OIC)](https://www.irs.gov/payments/offer-in-compromise). ## **How to Qualify for an Offer in Compromise** In order to qualify for an [OIC](https://www.irs.gov/pub/irs-pdf/f656l.pdf), an individual must demonstrate the following to the IRS: - He or she cannot repay the total amount of the debt within a reasonable time frame; and - Paying the debt in full would create an economic hardship for the individual due to his or her current circumstances. This could be because he or she cannot work due to a health condition or that paying off the debt would leave the individual without enough money for basic living expenses. In some cases, an individual may secure an OIC when there is doubt regarding the amount of money he or she actually owes to the IRS. Typically, an individual must put down 20 percent of his or her proposed lump sum repayment with his or her OIC. If the offer is accepted, the individual generally has about two years to repay the settlement amount. ## **Streamlined versus Traditional Offer in Compromise** There are two versions of the Offer in Compromise program. These are the traditional version of the offer in compromise and the streamlined version. ![Offer in Compromise Lawyers Chicago](https://www.nslslaw.com/wp-content/uploads/2018/02/Offer-in-Compromise-06-300x225.jpg "Offer in Compromise Lawyers Chicago") With a traditional OIC, there are no limits on the individual’s debt or income levels. Instead, what qualifies the individual or not is his or her ability to make payments under the program, his or her expenses, and the individual’s asset availability in consideration alongside his or her total income. To qualify, an individual must be up to date on his or her tax returns or tax deposits or have made his or her estimated tax payment for the current year. He or she must also not be currently seeking bankruptcy protection. The streamlined version of the offer in compromise provides the filer greater flexibility regarding the offers he or she can make to the IRS. Individuals who pursue a streamlined offer in compromise receive fewer requests for financial information from the IRS and often, interact with the IRS over the phone instead of through the mail. To qualify for this program, an individual must: - Be employed, unemployed, or self-employed with no employees and gross receipts totaling less than $50,000 annually - Not be filing for bankruptcy when he or she files for the offer in compromise - Have a total household income of less than $100,000 when he or she files for the OIC - Not owe more than $50,000 in tax debt ### **Work with an Experienced IRS Tax Lawyer** An offer in compromise can be the tool you need to settle your outstanding tax debt. To learn more about pursuing an offer in compromise and other options available to you regarding your tax debt, contact our team of experienced [tax lawyers](https://www.nslslaw.com/contact-us.html) at North Suburban Legal Services LLC today to schedule your initial consultation with us. --- ### [Criminal Tax Defense](https://nslslaw.com/practice-areas/tax/criminal-tax-defense.html) **Published:** January 31, 2018 **Author:** admin **Content:** ## Criminal Tax Defense If you are charged with a tax offense, it is important that you handle it just as seriously as you would handle any other criminal charge. Although tax-related offenses are white-collar crimes, meaning they are non-violent offenses that are often financially motivated, you can face penalties like incarceration and steep fines for a tax crime conviction. ## **Tax Evasion** When an individual uses illegal means to avoid paying taxes, he or she may be charged with [tax evasion](https://www.law.cornell.edu/wex/tax_evasion). Tax evasion does not occur when an individual inadvertently does not pay taxes, cannot afford to pay taxes, or uses existing tax credits and other legal means to reduce his or her tax burden. Tax evasion occurs when an individual intentionally deceives the Internal Revenue Service (IRS) to avoid paying taxes. Acts of tax evasion include: ![Criminal Tax Defense Lawyer Chicago](https://www.nslslaw.com/wp-content/uploads/2018/02/Criminal-Tax-Defense-05-300x225.jpg "Criminal Tax Defense Lawyer Chicago") - Underreporting his or her income; - Hiding money in offshore accounts; - Paying employees in cash to avoid reporting the payments; - Not withholding FICA and federal income taxes from employee paychecks or withholding them but failing to report the withholdings; - Inflating his or her deductions; - Misrepresenting facts about him- or herself or his or her business to access certain tax benefits; and - Purposefully underpaying taxes. ## **Civil versus Criminal Tax Fraud** Criminal tax fraud is known as tax evasion. It is also possible to face a [civil tax fraud](https://www.irs.gov/irm/part25/irm_25-001-006) charge. To be convicted of tax evasion, the court must demonstrate your guilt beyond a reasonable doubt. With a civil tax fraud charge, the IRS must only provide clear and convincing evidence that you committed civil tax fraud. The penalties for this offense are also purely financial. For civil tax fraud, you may be fined a percentage of the amount you are found to have underpaid or the amount that you owe. For a criminal tax evasion conviction, you can face jail time, fines, and asset seizures. ## **Handling a Criminal Tax Evasion Charge** When you are notified of a criminal charge against you, contact an experienced tax defense lawyer as soon as you can to determine how to respond. Do not respond directly to the IRS representative. Your lawyer will tell you how to interact with the IRS and the court and what to do next. A tax evasion charge should not take you by surprise. The Tax Division of the Department of Justice will only file a charge at the IRS’s request after the IRS has conducted an investigation of your case, which could follow an audit or detection of possible fraud by a tax collector. ### **Work with an Experienced Chicago Tax Defense Lawyer** If you are facing a criminal charge related to your alleged underreporting, failure to report your taxes, or any other act of tax fraud, it is important that you start working with an experienced [tax charge defense lawyer](https://www.nslslaw.com/contact-us.html) as soon as possible to develop a legal strategy to fight the charge. To get started with a member of our team, contact North Suburban Legal Services LLC to set up your initial legal consultation. --- ### [Payroll Tax Lawyers](https://nslslaw.com/practice-areas/tax/payroll-tax-lawyers.html) **Published:** January 31, 2018 **Author:** admin **Content:** ## Illinois Payroll Tax Lawyers Payroll taxes are the taxes that employers pay on their employees’ behalves. This money is withheld from the employees’ paychecks and used to fund federal and state programs like Social Security, unemployment compensation, Medicaid and Medicare, and Workers’ Compensation benefits. The payroll taxes withdrawn to fund Social Security and Medicare are collectively withdrawn as the [Federal Insurance Contributions Act](https://www.ssa.gov/thirdparty/materials/pdfs/educators/What-is-FICA-Infographic-EN-05-10297.pdf) (FICA) tax. Failure to pay payroll taxes may be deemed an act of tax evasion. This is a criminal charge that can lead to penalties like jail time and asset seizure. An employer may also face civil penalties for failing to pay their payroll taxes, such as tax liens and levies. In any case where an employer is facing one or more of these penalties, it is in their best interest to work with an experienced [tax lawyer](https://www.nslslaw.com/practice-areas/tax/irs-tax-lawyers.html "IRS Tax Lawyers") to determine all of their legal options and which is best suited to their case. ## **Payroll Tax Violations** A few examples of payroll tax violations that the Internal Revenue Service (IRS) can discover during an audit include: ![Payroll Tax Lawyers Chicago](https://www.nslslaw.com/wp-content/uploads/2018/02/Payroll-Tax-Lawyers-04-300x225.jpg) - Misclassifying employees as independent contractors. When an employer does this, they may be required to pay the payrolls taxes they avoided by misclassifying employees and face additional penalties; - Failing to file payroll tax returns; - Pyramiding. This occurs when an employer withholds payroll taxes from employees but does not pay the IRS these taxes, essentially stealing from the employees’ paychecks; - Avoiding paying payroll taxes by paying employees in cash and failing to withhold and pay these taxes; and - Filing falsified payroll tax returns. ## **Potential Solutions to your Payroll Tax Issue** The right solution to your payroll tax issue depends on the nature of your violation. A possible solution for your case could be one of the following: - Working out an offer in compromise with the IRS to repay a reduced debt; - Deferring the tax debt so you have time to recoup the money you need to pay it off; - Obtaining a release from a tax lien or levy imposed on your assets or company. This could involve obtaining a business loan to pay off the debt; - Creating an installment payment plan with the IRS to steadily pay off the debt over the next few years; - Determining if you are still required to repay the debt. If the statute of limitations for the IRS to collect the debt has expired or the debt cannot be collected for another reason, you could avoid having to repay it; and - If you are facing a [criminal charge](https://www.nslslaw.com/practice-areas/tax/criminal-tax-defense.html "Criminal Tax Defense"), you will need to develop a legal defense strategy for your case. ### **Work with an Experienced Chicago Payroll Tax Lawyer** When you are facing payroll tax issues, work with an experienced payroll tax lawyer to get them sorted out. Your lawyer can examine all the issues at play in your case and the applicable laws to determine the most effective legal solution for you. To start working with one of the experienced payroll tax lawyers on our team, contact North Suburban Legal Services LLC today to set up your initial consultation in our office. --- ### [IRS Lien Removal](https://nslslaw.com/practice-areas/tax/irs-lien-removal.html) **Published:** January 31, 2018 **Author:** admin **Content:** ## About IRS Lien Removal Do you need a qualified IRS tax attorney to help you with an IRS lien removal? When an individual is delinquent in paying his or her taxes, the Internal Revenue Service (IRS) may impose a tax lien against that individual’s assets. Generally, a tax lien is a “last resort” for the IRS to take in an effort to recover late tax payments from an individual. By imposing a tax lien, the IRS essentially stakes a claim in the non-compliant individual’s asset. This does not mean the IRS will take the asset from the individual, but that if the individual’s property goes into foreclosure or another event, such as bankruptcy, leads to his or her assets being liquidated to satisfy his or her debt, the IRS has top priority over other creditors seeking repayment from that asset. Finding a tax lien on your credit report can be startling, but it should not be a surprise. It is also no reason to panic – you can have a tax lien removed from your credit report, and this process is far easier when you work with an experienced tax lawyer. ## **Reasons why the IRS Could Impose a Tax Lien** Typically, a tax lien is imposed when an individual owes $10,000 or more in income taxes. However, they may be imposed for smaller amounts. A tax lien is not the same as a tax levy, the right the seize money directly from a taxpayer’s bank account or paycheck to satisfy his or her unpaid taxes. ![IRS Lien Removal Chicago](https://www.nslslaw.com/wp-content/uploads/2018/02/IRS-Lien-Removal-03-300x225.jpg "IRS Lien Removal Chicago") A tax lien comes after the IRS takes multiple steps to recover the taxes the individual owes. The first of these steps is to assess how much the individual owes. The IRS then sends a bill to the individual demanding payment. If the tax bill is not paid within 10 days or the individual agrees to a repayment plan with the IRS, a tax lien is imposed. ## **Removing an IRS Lien from your Credit Report** When a tax lien is in place against your property, it does not go away until you have repaid the money you owe. Fulfilling a tax lien does not mean it is automatically removed from your credit report, though. A released tax lien can remain on an individual’s credit report for up to 10 years. When you have a [tax lien on your credit report](https://www.thebalance.com/federal-tax-liens-3193403), there are a few ways you can have it removed. If you paid the taxes you owed in full, [file the necessary documents with the IRS to have it removed from your report](https://www.balancepro.net/education/publications/irstaxlien.html). If the lien is on your report due to a clerical error, contact the IRS immediately to have it addressed and removed. You may also be able to have the lien withdrawn through the [Fresh Start program](https://www.irs.gov/newsroom/irs-fresh-start-program-helps-taxpayers-who-owe-the-irs) if your outstanding balance is below $25,000. Talk to an experienced [tax lawyer](https://www.nslslaw.com/practice-areas/tax/irs-tax-lawyers.html "IRS Tax Lawyers") about the options you have due to your situation. You might be eligible for a withdrawal if the lien is no longer enforceable due to an expired statute of limitations. ### **Work with an Experienced Illinois Tax Lawyer** For guidance and legal representation in your interactions with the IRS, work with an experienced tax lawyer. To start working with a member of our team at North Suburban Legal Services LLC, contact our office at 312-313-4038 to schedule your initial consultation. --- ### [IRS Protection](https://nslslaw.com/practice-areas/tax/irs-protection.html) **Published:** January 31, 2018 **Author:** admin **Content:** ## About IRS Protection When you are facing demands from the [Internal Revenue Service](http://irs.gov/) (IRS) that you repay an outstanding tax debt, you should start working with an experienced [tax lawyer](https://www.nslslaw.com/practice-areas/tax/irs-tax-lawyers.html "IRS Tax Lawyers") to ensure that your rights are protected during all of your interactions with the IRS. This is not to say that you should choose not to pay your taxes or that if you do not pay your taxes, a lawyer can make it so you are no longer responsible for them. What a lawyer can do for you in situations involving the IRS is to determine exactly what you need to do to remain in compliance or return to compliance and explore your options for reaching that point. Your lawyer can protect you from being taxed unfairly or facing a severe financial burden because of your tax bill. He or she cannot protect you from paying your taxes. ## **Why Would I Need Protection from the IRS?** When you receive a notification from the IRS about your outstanding tax debt, even the most straightforward, professional correspondence can feel like a demand for immediate payment. Although you should not feel threatened, you should feel a sense of urgency to have the debt issue sorted out. The IRS might have made a clerical error, putting you on the hook for payments you have already made, or it may be legitimately seeking repayment for taxes you did not pay and cannot afford to pay now. In either case, you could be facing consequences that include: ![IRS Protection](https://www.nslslaw.com/wp-content/uploads/2018/02/IRS-Protection-02-300x225.jpg "IRS Protection") - Tax levies, the legal process through which the IRS can seize money directly from your paycheck or bank account to recover the funds you owe; - [Tax liens](https://www.nslslaw.com/practice-areas/tax/irs-lien-removal.html "IRS Lien Removal"), legal orders that grant the IRS the right to seek repayment from the sale or seizure of your assets; - Wage garnishment; and - Civil and [criminal tax](https://www.nslslaw.com/practice-areas/tax/criminal-tax-defense.html "Criminal Tax Defense") fraud charges. When you are facing this type of charge, you could also be facing jail time, fines, and asset seizure. How your lawyer protects you from the IRS depends on the circumstances of your case. You might qualify for an [offer in compromise](https://www.irs.gov/pub/irs-pdf/f656b.pdf) to settle your debt or your lawyer might need to defend you in criminal court. ## **How a Tax Lawyer Can Help you in Interactions with the IRS** Your lawyer is your liaison with the IRS. In other words, your lawyer can interact with the IRS on your behalf, handling the nuanced negotiations that may be necessary to resolve your tax issue while you are free to focus on other areas of your life, such as running your small business or getting together the funds you need to repay your outstanding debt. ### **Work with an Experienced Illinois IRS Protection Lawyer** During any interaction with the IRS, it is often in your best interest to work with an experienced tax lawyer who can negotiate with the IRS on your behalf and act as your advocate. Contact our team at North Suburban Legal Services LLC today to set up your initial consultation with a member of our team. --- ### [IRS Tax Lawyers](https://nslslaw.com/practice-areas/tax/irs-tax-lawyers.html) **Published:** January 31, 2018 **Author:** admin **Content:** ## IRS Tax Lawyers in Schaumburg Our IRS tax lawyers know that as a business owner or individual, interacting with the Internal Revenue Service (IRS) can be intimidating. Letters from the IRS often contain dense language and terms the average person cannot easily define, and in many cases, responding often means finding, filling out, and sending various forms back to the IRS. At best, it can be tedious. More often, it is uncomfortable and difficult for the individual, especially when he or she is facing an audit or a potential tax levy, lien, or wage garnishment. To make this process easier for yourself, work with our experienced IRS tax lawyers. After reviewing your case, your lawyer might be able to determine options you did not initially realize you had. For example, you could be eligible for the [IRS’ Fresh Start program](https://www.irs.gov/newsroom/irs-offers-new-penalty-relief-and-expanded-installment-agreements-to-taxpayers-under-expanded-fresh-start-initiative) or you could potentially settle your tax debt for less money than you actually owe. In any case involving an IRS dispute, the worst thing you can do is sit back and do nothing. This is especially true when you are facing a criminal charge, such as tax evasion or tax fraud. Choosing not to respond to the IRS and hoping your problem will just fade away will only make things worse for you, putting you at risk of facing large fines and potentially losing property. **Cases Our Team Handles** Tax lawyers help their clients handle many different IRS issues. These include but are not limited to: ![IRS Tax Lawyers Schaumburg](https://www.nslslaw.com/wp-content/uploads/2018/02/IRS-Tax-Lawyer-01-300x225.jpg) - Preventing and stopping tax levies; - Preventing tax liens; - Managing business tax-related issues; - IRS audits; - [Defending their cases against criminal tax charges](https://www.nslslaw.com/practice-areas/tax/criminal-tax-defense.html "Criminal Tax Defense"); - Negotiating settlements for outstanding tax debt; - Withdrawing and releasing tax liens; - Settling tax debts; - Avoiding and stopping wage garnishments; - Helping clients use tax credits; - Handling issues related to sales and payroll taxes; and - Preventing and stopping property seizures. IRS tax lawyers are fierce advocates for their clients. He or she can act as a liaison between the client and the IRS, negotiating on the client’s behalf. When the client has an accountant, his or her lawyer and accountant can work together to determine the ideal resolution for the client’s tax issue. When a client faces an [IRS audit](https://www.irs.gov/businesses/small-businesses-self-employed/irs-audits), his or her lawyer can ensure that his or her rights are protected. After a ruling in tax court that the client feels was made in error, a tax lawyer can help him or her appeal the decision to potentially have the ruling overturned in the client’s favor. **Work with Our Experienced Schaumburg IRS Tax Lawyers** When you are facing a legal tax issue, it can be very easy to feel overwhelmed, frozen by the dense information you find online, and unsure about the right course of action to take. Avoid making a costly mistake by working with an experienced tax lawyer who can be your advocate. Contact our team at North Suburban Legal Services LLC today to set up your initial consultation with us to discuss your case in greater detail. We can determine your legal options and guide you toward the most effective one for your case. --- ### [Our Firm](https://nslslaw.com/our-firm.html) **Published:** January 31, 2018 **Author:** admin **Content:** ## North Suburban Legal Services LLC North Suburban Legal Services LLC is a Chicago law firm that focuses on tax, [business](https://www.nslslaw.com/practice-areas/business.html "Business Lawyer Chicago") & [employment law](https://www.nslslaw.com/practice-areas/employment.html "Employment Lawyer Chicago"). Our tax practice helps individuals and business owners settle debts through offers in compromise and we also help our clients with [payroll tax issues](https://www.nslslaw.com/practice-areas/tax/payroll-tax-lawyers.html "Payroll Tax Lawyers Chicago"). We appeal and represent small business owners in unemployment appeal hearings. Our law firm also represents employers when filing appeals with the Board of Review. We are very familiar with the rules and procedures of the Illinois Department of Employment Security. All hearings are done over the phone. It does not matter where your business is located. All you need to do is pick up a phone and dial [(312) 909-6089](tel:3129096089) for a free evaluation of your case. ![Our Firm](https://www.nslslaw.com/wp-content/uploads/2018/04/FK-300x183.jpg "Fedor Kozlov - North Suburban Legal Services LLC") We also provide services that include contract reviews, mergers, and acquisitions, product liability defense, work environment matters, tort litigation, antitrust, intellectual property, and trademark filings. We have a broad and diverse client base. Our clients include employers in construction, health care, property management, real estate development, legal and professional services, real estate, retail, trucking, transportation industries. We take pride in long-term relationships with our clients and over the years successfully represented a significant number of business owners in a variety of matters. We also have a much more competitive cost structure than many large law firms. We are a very diversified group of people. Our staff members speak English, Russian, Polish, Bulgarian and Spanish languages. [Contact our office](https://www.nslslaw.com/contact-us.html) today for a free consultation. --- ### [PRIVACY POLICY](https://nslslaw.com/privacy-policy.html) **Published:** January 31, 2018 **Author:** admin **Content:** This privacy notice discloses the privacy practices for https://www.nslslaw.com This privacy notice applies solely to information collected by this web site. #### Information Collection, Use, and Sharing We are the sole owners of the information collected on this site. We only have access to collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order. Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy. #### Your Access to and Control Over Information You can do the following at any time by contacting us via the email address or phone number given on our website: - See what data we have about you, if any. - Change/correct any data we have about you. - Have us delete any data we have about you. - Express any concern you have about our use of your data. #### Security We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment. If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 312-313-4038 or via email at <fedor@nslslaw.com>. --- ### [Fedor Kozlov](https://nslslaw.com/attorney-profiles/fedor-kozlov.html) **Published:** January 31, 2018 **Author:** admin **Content:** ## About Fedor Kozlov ![Fedor Kozlov](https://www.nslslaw.com/wp-content/uploads/2018/03/Fedor.jpg "Fedor - North Suburban Legal Services LLC") Fedor Kozlov concentrates on representing clients in unemployment, employment (including claims under [the Illinois whistleblower act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2495&ChapterID=57)), sexual harassment, wrongful termination, and other labor-related matters. Before founding the law firm, Mr. Kozlov worked at several different Chicago law firms. He received his externship experience at Cook County Office of Public Defender. Before becoming an attorney Mr. Kozlov developed excellent negotiation skills by volunteering at different not-for-profit organizations. Fedor Kozlov graduated Magna Cum Laude from Michigan State University, School of Law. He is now licensed to practice law in Illinois and Northern District of Illinois. He counsels individuals and companies on a wide variety of labor law aspects: discrimination and harassment; retaliation; wrongful termination; contract and severance negotiation; wage theft; non-competition agreements. Mr. Kozlov also represents individuals and companies in unemployment dispute hearings before administrative law judges and Board of Appeals and has a significant winning record in these types of hearings. Fedor Kozlov is a member of Chicago Bar Association and [Illinois Bar Association](https://www.isba.org/) and a founder of Association of Russian Attorneys in Illinois. --- ### [Blog](https://nslslaw.com/legal-news.html) **Published:** January 31, 2018 **Author:** admin --- ### [Tax](https://nslslaw.com/practice-areas/tax.html) **Published:** January 31, 2018 **Author:** admin --- ### [Resources](https://nslslaw.com/resources.html) **Published:** January 31, 2018 **Author:** admin **Content:** #### UNEMPLOYMENT BENEFITS Illinois Department of Employment Security (IDES) [http://www.ides.state.il.us](http://www.ides.state.il.us/) Printable IDES forms <http://www.ides.state.il.us/forms/default.asp> IDES Fast Facts for Employers <http://www.ides.state.il.us/pdf/employers/FastFacts.pdf> Unemployment Insurance Handbook (last verified 01/08/2011) <http://www.ides.state.il.us/pdf/pubs/uilaw/handbook.pdf> #### ILLINOIS DEPARTMENT OF LABOR Illinois Wage Payment and Collection Act <http://www.state.il.us/agency/idol/laws/law115.htm> --- ### [Disclaimer](https://nslslaw.com/disclaimer.html) **Published:** January 31, 2018 **Author:** admin **Content:** The information you obtain while on this website is not, nor intended to be, legal advice. For legal advice regarding your unique situation you should consult with an attorney. We invite you to contact our law firm should you have any inquiries but simply contacting us does not create an attorney-client relationship. --- ### [Contact](https://nslslaw.com/contact-us.html) **Published:** January 31, 2018 **Author:** admin **Content:** **Address:** 1990 E Algonquin Rd, Ste 230, Schaumburg Illinois, 60173, USA --- ### [Attorney Profiles](https://nslslaw.com/attorney-profiles.html) **Published:** January 31, 2018 **Author:** admin --- ### [Sample Page](https://nslslaw.com/sample-page.html) **Published:** January 31, 2018 **Author:** admin **Content:** This is an example page. It’s different from a blog post because it will stay in one place and will show up in your site navigation (in most themes). Most people start with an About page that introduces them to potential site visitors. It might say something like this: > Hi there! I’m a bike messenger by day, aspiring actor by night, and this is my website. I live in Los Angeles, have a great dog named Jack, and I like piña coladas. (And gettin’ caught in the rain.) …or something like this: > The XYZ Doohickey Company was founded in 1971, and has been providing quality doohickeys to the public ever since. Located in Gotham City, XYZ employs over 2,000 people and does all kinds of awesome things for the Gotham community. As a new WordPress user, you should go to [your dashboard](https://www.nslslaw.com/wp-admin/) to delete this page and create new pages for your content. Have fun! --- ## Banner Home Page ### [North Suburban Legal Services](https://nslslaw.com/banner/north-suburban-legal-services/) **Published:** January 31, 2018 **Author:** admin **Content:** Tax & Business Lawyers --- ## Categories ### [Uncategorized](https://nslslaw.com/category/uncategorized/) --- ### [criminal tax defense lawyer](https://nslslaw.com/category/criminal-tax-defense-lawyer/) --- ### [Payroll Fraud](https://nslslaw.com/category/payroll-fraud/) --- ### [Tax Debt Attorney](https://nslslaw.com/category/tax-debt-attorney/) --- ### [Payroll Tax Attorney](https://nslslaw.com/category/payroll-tax-attorney/) --- ### [Unemployment Defense Lawyer](https://nslslaw.com/category/unemployment-defense-lawyer/) --- ### [IRS Lien Removal Attorney](https://nslslaw.com/category/irs-lien-removal-attorney/) --- ### [Business Law Attorney](https://nslslaw.com/category/business-law-attorney/) --- ### [Business Lawyer](https://nslslaw.com/category/business-lawyer/) --- ### [Commercial Real 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