The Employment Law Group at Fox Swibel provides clients practical, business‐oriented solutions to employment law problems. We provide day‐to‐day counseling and advice regarding all legal matters affecting the employment relationship, including non‐discrimination laws, wage & hour issues, FMLA and ADA issues, misappropriation of trade secrets, restrictive covenants, and employee handbooks and policies. We assist clients to assess and manage risk in handling employee discipline issues, drafting and interpreting employment contracts, structuring leaves of absence, and planning reductions‐in‐force.
When an employment dispute arises, we work with clients to evaluate cost-effective litigation strategies and any available alternatives to litigation. Our attorneys regularly appear in the trial and appellate levels of federal and state courts, as well as administrative agencies. We have expertise defending claims of discrimination, failure to accommodate, harassment, retaliatory discharge, fraud, defamation, and negligent supervision and retention. Likewise we regularly handle claims involving breach of contract, misappropriation of trade secrets, non‐competition agreements, duty of loyalty, federal and state wage payment laws, the WARN Act, ERISA, and employee handbooks.
Everywhere employers turn, there’s another retaliation claim being made against them under Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act (FMLA), or another state or federal statute. Here’s yet another one.read more
A recent decision by the Chicago‐based U.S. Court of Appeals for the Seventh Circuit provides employers some welcome guidance on the extent to which a disability leave of absence may be required as a reasonable accommodation under the Americans with Disabilities Act. The decision declares that the ADA is “not a medical leave entitlement.”read more
Exempt vs. nonexempt is a question that continues to trip up even the most sophisticated employers. Recently, Bed, Bath & Beyond was sued in Illinois federal court by assistant store managers who claim the company incorrectly classified them as exempt and improperly denied them overtime pay.read more