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.
Publications
Texas Court Invalidates FTC Non-Compete Ban
By: David S. Levine On August 20, 2024, a Texas federal district court invalidated-on a nationwide basis-the Federal Trade Commission's rule (the "FTC Rule") banning most non-competes. Here are the key takeaways: Reasoning: The Texas court invalidated the FTC Rule ...
Read More BIPA Amendment: What Employers Should Know
By: David S. Levine In an important development for businesses operating in Illinois, Governor J.B. Pritzker on August 2, 2024, signed into law an amendment to the Illinois Biometric Information Privacy Act ("BIPA" or the "Act") that significantly reduces the ...
Read More Employee Challenges DEI Training Video (But Neglects to Watch It)
By: David S. Levine In recent months, many employers have faced increased scrutiny of and challenges to their diversity, equity, and inclusion (DEI) initiatives, including claims that those programs amount to "reverse discrimination." In a recent decision, the U.S. Court ...
Read More Chicago’s New Paid Leave and Paid Sick Leave Law Takes Effect July 1, 2024
By: Kelly Smith Haley Are You Ready? Effective July 1, 2024, Chicago employers will need to comply with the City of Chicago's Paid Leave and Paid Sick and Safe Leave Ordinance (the "Chicago Ordinance"). The Chicago Ordinance requires Chicago employers ...
Read More U.S. Supreme Court Lowers Bar for Discrimination Claims
By: David S. Levine In an important recent decision affecting employers, the U.S. Supreme Court lowered the required showing for employees claiming discrimination under Title VII of the Civil Rights Act. In particular, under the Supreme Court's Muldrow v. City ...
Read More The FTC Non-Compete Ban: What Employers Should Know
In a highly anticipated decision, the Federal Trade Commission ("FTC") voted April 23, 2024 to finalize a rule (the "Rule") banning non-compete agreements for most workers. The Rule is scheduled to become effective 120 days after its publication in the ...
Read More Navigating the New Illinois, Cook County, and City of Chicago Paid Leave Laws
For many Illinois employers, the new year will bring new obligations to provide their employees paid leave. After Governor J.B. Pritzker signed the Paid Leave for All Workers Act (the "Illinois Act") into law earlier this year, the City of ...
Read More Illinois Supreme Court Scans BIPA Menu, Orders Big Fines
Image Source – Shutterstock Illinois employers who use employees’ fingerprints, face scans, or other biometric identifiers to enable workers to access timekeeping, payroll, IT, or other systems have long been on notice that the Illinois Biometric Information Privacy Act ...
Read More New Illinois Law Mandates Paid Leave for Employees
Image Source – Shutterstock The Illinois Paid Leave for All Workers (PLFAW) Act was passed by the Illinois legislature in January and was signed into law by Governor Pritzker on March 13, 2023. Effective January 1, 2024, it will require ...
Read More 7th Circuit Clarifies That Discouraging Leave May Violate FMLA
Recently, the U.S. Court of Appeals for the 7th Circuit (which covers Illinois, Indiana, and Wisconsin) wrestledwith the question of whether an employer can violate the Family and Medical Leave Act (FMLA) by discouraging an employee from exercising rights under ...
Read More OOO: While You Were Out, Chicago Called to Tell You About New Anti-Harassment Obligations
Summertime often means summer hours and time out of the office. As such, some employers may have missed that the City of Chicago recently amended its sexual harassment ordinance to expand the definition of “sexual harassment,” to impose new policy ...
Read More 2022 Ushers in Sweeping Restrictions on Non-Competition and Non-Solicitation Agreements
For those employers looking to think, talk and worry about something besides COVID-19, we have just the topic: the Illinois Freedom to Work Act. In August 2021, Governor Pritzker signed into law an amendment to the Act that imposes new ...
Read More Illinois Bias Law Now Covers Criminal Convictions
Image Source - ShutterStock Illinois employers now have yet another law to navigate. The state human rights statute now bans discrimination based on a candidate’s or employee’s criminal conviction unless the employer can show a “substantial relationship” exists between the ...
Read More Lack of Secrecy Dooms Employer’s Suit to Stop Form Sales Reps’ Use of Customer Lists
Image Source - ShutterStock The Illinois Trade Secrets Act (ITSA) prohibits misappropriation of trade secrets and allows recovery of attorneys’ fees in suits to enforce the Act. A recent decision by the Appellate Court of Illinois is a cautionary tale ...
Read More Illinois Supreme Court Adopts Religious Ministerial Exemption
Image Source - ShutterStock We’ve written about court decisions applying judicial doctrines under the First Amendment to bar some types of employment claims against religious entities. The Illinois Supreme Court has now weighed in. Extracurricular activities We have already told ...
Read More Illinois Supreme Court Confirms Retaliatory Discharge Applies Only to At-Will Employees
Image Source - ShutterStock More than 40 years ago, the Illinois Supreme Court first recognized the tort of retaliatory discharge as an exception to the general rule that an “at-will” employee is terminable at any time and for any or ...
Read More First Amendment Doesn’t Protect Religious Employers From Hostile Environment Claims
Image Source - Shutterstock Over the years, courts dealing with employment discrimination suits against churches, synagogues, and other religious organizations have carved out an exemption that bars claims by “ministerial” employees challenging the employer’s hiring and firing decisions. The rationale ...
Read More State Bias Law Changes Don’t Stop for Pandemic
Image Source - Shutterstock With so much attention on COVID-19 and its impact on workplace issues, employers may have lost track of some important changes affecting Illinois employers in 2020. Some of these changes took effect on July 1. Let’s ...
Read More Legal & Tech: Practical Considerations for Hires, Furloughs and Separations of Remote Employees
Legal & Tech: Practical Considerations for Hires, Furloughs and Separations of Remote Employees Apr 9, 2020 Image Source - Shutterstock With the shelter-in-place orders going through April 30th and possibly beyond, it is important to prepare your company for possible ...
Read More Summary of Legislation and Rulemaking Impacting Small Businesses Affected by COVID-19
Summary of Legislation and Rulemaking Impacting Small Businesses Affected by COVID-19 Apr 1, 2020 Image Source - Shutterstock The impact of COVID-19 has affected everyone in the United States. In response to the widespread economic consequences suffered by small businesses ...
Read More DOL Updates Guidance on Families First Coronavirus Response Act
Image Source - Shutterstock In the days since the Families First Coronavirus Response Act (FFCRA) was signed into law on March 18, 2020, employers and advocacy groups have raised a number of questions about how the law will be interpreted ...
Read More President Signs COVID-19 Legislation That Will Impact Employers’ Leave Polices
Image Source - Shutterstock The Families First Coronavirus Response Act, signed into law by President Trump on March 18, 2020, includes a number of provisions that will directly impact employers, in addition to public health measures. Here are the key ...
Read More COVID-19 Legislation Will Impact Employers’ Leave Polices
Image Source - Shutterstock The Emergency Families First Coronavirus Response Act (H.R. 6201) passed The U.S. House of Representatives early Saturday, March 14, 2020, and includes a number of provisions that will directly impact employers, in addition to public health ...
Read More Conservatory Worker’s Claim Fails to Uproot Employment-At-Will Doctrine
Image Source - Wikimedia Commons Illinois, like almost every other state, adheres to the centuries-old doctrine of employment at will, which means that either an employer or an employee may terminate their relationship at any time, without notice and without ...
Read More Bonds and the Construction Process
What is a bond? No party enters into a construction contract expecting any party to default. Contracting parties, however, must manage the inherent risk of the unexpected during construction projects. Construction bonding is a method commonly used by ...
Read More Our Employment Law Group Attorneys
