Employee Conduct – How Off-Duty Behavior Can Affect Your Business, and What You Can Do About It

Web Admin - Thursday, July 27, 2017

Illinois employment law attorneysAs every business owner knows, an employee’s conduct while on the job can have a negative impact on a company’s image and brand – but what of conduct outside of work? As evidenced by the current investigation into the Chicago water department, sometimes, it more about what your employees do off the clock than what they do while working. Learn how you can mitigate against off-duty behavior issues as an employer, and what you can do if you are ever faced with litigation because of an employee’s on- or off-duty conduct.

The Chicago Water Scandal Investigation

As reported by the Chicago Tribune, state officials are currently investigating the personal emails of a long-time employee, which were purportedly used to send numerous anti-gay, racist, and sexist emails. The public nature of his job, department, and the investigation could have long-term implications on the government entity’s image – even if the allegations turn out to be untrue.

Mitigating Against Both On- and Off-Duty Behavior

Although there are many stipulations, exclusions, and requirements that employers need to be aware of, they can (and should) attempt to mitigate against any unsavory on- or off-duty behavior that may reflect poorly on their business. One of the ways of doing this is the employment contract. In it, you can specify types of behavior that will not be tolerated, regardless of whether the employee is on or off the clock. Further, you may have the right to request access to things like offensive social media posts that may affect your company’s image.

How Our Schaumburg Employment Law Attorneys Can Help

Employers are not required to hire an attorney for the drafting of an employment contract, but it is highly recommended. As previously mentioned, there are some important laws that must be adhered to in such contracts, and any failure or violation could result in litigation against your company. Do not take the risk. Instead, contact an experienced employment law attorney for assistance.

Whether your business is facing litigation, needs help getting started, or is just now expanding to include more employees, Drost, Gilbert, Andrew & Apicella, LLC can help. Our Schaumburg employment law attorneys are skilled in all areas of employment law and we will work hard to protect your company and its image. Learn more by scheduling a personalized, no-obligation consultation. Call our offices at 847-934-6000 today.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

Sources: http://www.chicagotribune.com/news/local/politics/ct-chicago-water-department-emails-capuzi-20170724-story.html


Examining Illinois’ School Visitation Rights Act

Web Admin - Wednesday, May 31, 2017
Small businesses must overcome numerous obstacles if they wish to be successful. One of the bigger challenges is knowing what time off an employee may be entitled to under Illinois state law. The Illinois’ School Visitation Rights Act falls under this umbrella. The following information can help you learn what the Act covers, how to handle staffing issues that may arise because of it, and what the consequences may be for companies that fail to comply.

What the Law Protects

Employees who have children are typically required to attend a minimum of two parent-teacher conferences per year. Some children may have higher needs, either because of behavioral issues or special needs that require the use of Individualized Education Plans or other educational provisions. The School Visitation Rights Act provides employees with an allotted amount of time for attending these meetings, regardless of their regular work schedule (up to eight hours during any given school year, but no more than four hours on a single day).

Provided the employee follows the seven-day, advance written request requirement, employers must give this time off without retaliation. Further, employees are permitted to make up their time, whenever reasonable, on a different shift or day, during the same pay period. If making up the time is not reasonable, or the employee does not wish to do so, the employer is not required to pay for the allotted time off work. Made up time must be paid at the employee’s regular rate.

Dealing with Staffing Issues

Large corporations often have an easier time at accommodating many of the employment laws. Small businesses are often at a disadvantage – usually because they do not have the staff to cover an employee when the time is requested off. However, there are a few strategies that employers can use to mitigate against the issues.

Cross-training all employees, use of temp services, and filling the hours yourself are all plausible options that allow business to continue as normal. Just be aware of the laws that pertain to overtime pay and temp workers if you choose to utilize these options. Alternatively, the employer may wish to hire another employee on a part-time basis – one who can work as a fill-in when others need time off work.

Contact Our Long Grove Employment Law Attorneys for Your Small Business Needs

Illinois’ employment laws are constantly changing, and that can make staying compliant difficult for small businesses. Drost, Gilbert, Anderson & Apicella, LLC can help. Backed by decades of experience, our Long Grove employment law attorneys can assist with everything from the creation of employee handbooks to litigation. Schedule your consultation by calling us at 847-934-6000 today

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.




New Illinois Law Offers More Sick Leave Flexibility to Eligible Employees

Web Admin - Friday, February 03, 2017
Arlington Heights employment law attorneysData indicates that over 1.5 million Illinoisans care for family members. Sadly, many of them have had to make difficult choices while juggling work and the responsibility of caring for an ill loved one. A new employment law, implemented at the beginning of 2017, may mitigate some of the challenges and difficulties they experience. The following explains this law more in depth, and provides key information on what to do if your employer is failing to meet the requirements of the new law. 

Covering the Basics

The new law has redefined personal sick leave, giving employees the right to use their sick leave time to care for a sick child, parent, spouse, or other immediate family member or dependent. Further, an employers cannot deny, threaten, suspend, or demote an employee for attempting to exercise the rights afforded to them by the new law. Of course, there are some limitations and exclusions that employees need to be aware of - especially if they believe their employer may be in violation of the law.

Law Does Not Require Employers to Offer Sick Leave

Although the new law does expand sick leave for those that already have it, it does not require employers to start or implement a paid sick leave program. There is a law for the Chicago area that will require all employers to offer sick leave to eligible employees, but this only applies to the city of Chicago, and it does not go into effect until July 1, 2017. 

Employers Can Limit Sick Leave Time for Family Members

If an employer offers paid sick leave to their employees, they can restrict the amount of time that an employee can use for a family member. That is to say, employers do have the right to restrict their employees from using more than half of their paid sick leave benefits for a family member. Further, the employer does not have to extend the leave an employee is permitted to take under the Family Medical Leave Act. 

Filing a Case Against Your Employer

If you believe that you have been wrongly terminated, punished, or threatened with punishment for exercising your right to paid sick leave under the new law, contact Drost, Gilbert, Andrew & Apicella, LLC. Dedicated and experienced, our Arlington Heights employment law attorneys will fight to protect your rights. Schedule a personalized consultation to learn more. Call us at 847-934-6000 today.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.




Recent Posts


insurance claim dispute motorcycle accident clemency pizza emoji Schaumburg criminal law attorney Mount Prospect elder law attorney caregiver expungement mass shooting sole proprietorship Deer Park real estate law firm civil rights violation wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Colin Gilbert Buffalo Grove traffic attorney Illinois workers compensation attorney Illinois probate lawyer estate planning trusts Des Plaines Traffic Lawyer Illinois insurance disputes Schaumburg personal injury lawyer Buffalo Grove traffic lawyers corporate law Des Plaines Crystal Lake estate planning lawyer healthcare residential real estate Illinois Smoke Detector Act Long Grove real estate attorney car accidents Kenilworth estate planning attorney fatal car accidents Deer Park traffic lawyer traumatic brain injury Illinois will lawyer Crystal Lake medical malpractice law firm Palatine trusts lawyer Crystal Lake bike accident lawyer products liability Illinois personal injury lawyer pregnant women underage DUI Illinois insurance attorney Palatine employment law lawyer Palatine injury attorney taxes Rolling Meadows personal injury attorney Illinois trusts attorney Palatine employment lawyer Family Medical Leave Act Des Plaines motorcycle accident attorney DMV personal injury Illinois jet ski accident lawyer Mount Prospect real estate lawyer compensatory time Kenilworth estate planning lawyer slip and fall icy parking lots Inverness probate lawyer Illinois medical malpractice attorney employee misclassification elder abuse defective products car accident lawyers GM ignition switches automated cars Illinois traffic attorneys Long Grove real estate lawyer Arlington Heights wills and trusts lawyers eluding a police officer pedestrian accident real estate denied insurance claims trucking accidents probate claims Buffalo Grove real estate attorney insurance claim dispute attorney elder law Arlington Heights estate planning attorney Illinois corporate lawyer comp time Barrington business law firm Illinois employment law attorney Chicago traffic lawyer investment property Illinois traffic attorney DGAA Palatine traffic lawyer dynasty trusts distracted driving accidents real estate contract Arlington Heights car accident lawyer Home Remodeling Repair Act natural gas explosion boating DUI IRA benefits Schaumburg Illinois employment law firm cell phone accidents Illinois pedestrian accident attorney nursing home negligence insurance claim delay Illinois motorcycle accident lawyer Rolling Meadows tax attorney loopholes dram shop law health insurance dispute Long Grove wills and trusts attorneys criminal Arlington Heights lawyer Crystal Lake personal injury lawyer business litigation Illinois wrongful termination lawyer insurance claim denials Arlington Heights traffic attorney traffic violations defense Schaumburg estate planning attorney Mount Prospect wills and trusts lawyers spinal cord injuries premises liability Illinois boating accident lawyer Arlington Heights wills and trusts attorney Rolling Meadows drug defense attorney Illinois trucking safety car crash traffic tickets suspended license Deer Park workers compensation lawyer Illinois pet lawyer Chicago will attorney DUI penalities Palatine workers compensation lawyer Illinois estate planning Schaumburg civil litigation attorney product liability agent DUI attorney Food and Drug Administration's Food Safety Modernization Act preventable medical errors Barrington employment law attorney foreclosed rental property rollover car crashes commercial real estate Des Plaines criminal attorney Crystal Lake insurance lawyer involuntary manslaughter Whistleblower Claims Palatine elder law attorney Illinois injury lawyer Attorney Ken Apicella filing a medical malpractice claim unpaid assessment Barrington personal injury lawyer swimming pools Chicago insurance law firm Rolling Meadows criminal lawyer life insurance lawyer cell phone tower data Illinois insurance claim dispute lawyers estate planning attorney CAM trust payments head on collisions drunk driving statistics Illinois wills and trusts Arlington Heights criminal lawyer traffic offenses brain injury Illinois small business construction accidents fault based insurance personal injury law firm medical research severance agreements attorney fees Illinois job attorney homestead rights ACA social media after death Crystal Lake medical malpractice lawyer internet boating under the influence rest breaks pedestrian accidents Chicago trucking accident attorney drunk driving deed transfer Barrington criminal lawyer Illinois real estate back injuries Illinois real estate lawyer BAC life insurance Illinois law vacation home fines workers comp Illinois personal injury attorney Illinois employment law Buffalo Grove corporate attorney condo estate tax Rolling Meadows marijuana attorney probate process employment law, Illinois employment laws murder charges unfunded trust Barrington employment law firm Illinois speeding lawyer Illinois insurance claims lawyers Schaumburg medical malpractice lawyer employee rights Crystal Lake traffic lawyer liability claims Illinois Probate Act of 1975 slip and fall accidents real estate leasing Palatine civil litigation lawyer underfunded trust denial of life insurance real estate closing Crystal Lake employment lawyer landlord tenant law Illinois employment lawyer civil litigation blended families criminal record Chicago estate planning lawyer life insurance policy employment law Illinois DUI attorney Deer Park employment law attorney IRELA Rolling Meadows litigation lawyer medical marijuana Des Plaines civil attorney Schaumburg traffic lawyer Illinois estate planning law firm liability Chicago lawyer South Barrington real estate attorney Crystal lake insurance dispute attorney workers compensation federal regulations for LLCs appealing an insurance claim medical malpractice medication errors TBI car crashes Illinois collections attorney insurance agents Jay Andrew Palatine real estate lawyer Illinois workplace discrimination attorney estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Illinois traffic laws Palatine law firm probate fees insurance claim denial estate planning lawyer Schaumburg car accident attorney Barrington civil litigation attorney llinois Real Estate Lawyers Association Chicago insurance claim attorneys Arlington Heights wills and trusts lawyer gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Illinois traffic ticket lawyer special needs trust right to work Arlington Heights personal injury attorney Mt Prospect Attorney Inverness personal injury attorney Arlington Heights TBI attorney income distribution deducation Illinois workers compensation lawyer commercial leases Arlington Heights pedestrian accidents insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys personal injury claims Buffalo Grove injury lawyer irrevocable trust Arlington Heights employment law attorneys Des Plaines real estate attorney Do Not Resuscitate bike accident Des Plaines accident attorney low-ball insurance settlement Crystal Lake employment attorney Palatine civil attorney wills Deer Park personal injury lawyer defective products lawyer Illinois living will traffic deaths Barrington injury attorney home inspection lawyer pain and suffering employment lawyer DNR Barrington drug crime attorney Employment Discrimination Law Buffalo Grove criminal defense lawyer Illinois bicycle safety Rolling Meadows probate lawyer Illinois insurance dispute lawyers Arlington Heights tax lawyer insurance dispute traffic violations medical malpractice claims reckless homicide Rolling Meadows real estate attorney Rolling Meadows employment law attorneys work unions Legal Info Rolling Meadows criminal attorney estate attorney Palatine insurance lawyer Palatine Attorney hit and run accident Schaumburg criminal attorney DUI pedestrian injuries, pedestrian fatality unauthorized overtime underinsured motorist Long Grove estate planning estate planning Illinois business lawyer Illinois Sales Representative Act Illinois employment laws Crystal Lake medical malpractice attorneys murder Transfer on Death Instrument Inverness real estate lawyer Crystal Lake tax lawyer employment attorney Illinois defective products attorney Schaumburg elder law lawyer personal injury attorney Deer Park medical malpractice attorney sexual images license revocation Fair Labor Standards Act Illinois personal injury lawyers in terrorem provision Barrington litigation attorney bicycle accidents employees personal injury lawyer Barrington personal injury attorney Rolling Meadows business lawyer new real estate form Illinois car accident attorney preventing accidents landlord Illinois criminal defense attorney Schaumburg estate attorney PTSD real estate zoning Palatine construction attorney Illinois wills and trusts attorneys Illinois Transfer on Death Instrument Illinois personal injury Thanksgiving blood alcohol content Inverness accident lawyer Des Plaines personal injury attorney Illinois traffic accident lawyer Rolling Meadows boating crash lawyer Illinois elder law attorney insurance denials field sobriety test controlled substance Arlington Heights accident attorney criminal law personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Des Plaines drug lawyer Chicago biking tips construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation insurance attorney drug possession Arlington Heights real estate lawyer loss of consortium anesthesia errors Illinois insurance claim attorney Crystal Lake car accident lawyer Illinois estate planning attorney Illinois driving without license Arlington Heights injury attorney Arlington Heights Attorney insurance disputes Rolling Meadows insurance dispute lawyers problem employees marijuana privacy Crystal Lake personal injury attorney Des Plaines injury law firm Illinois registered agent pet law federal crimes Barrington employment attorney meal breaks Illinois lawyer trauma after an accident texting and driving living wills breathalyzer test first degree murder hiring employees insurance adjusters employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, wrongful death healthcare claims South Barrington real estate lawyer insurance dispute attorney denied insurance claim power of attorney for healthcare Rolling Meadows insurance lawyer Des Plaines personal injury lawyer Crystal Lake criminal defense attorney LLCs independent contractor Chicago corporate attorney minimum wage Rolling Meadows car accident lawyers commercial leasing digital assets Arlington Heights personal injury lawyer ObamaCare modern family estate planning real estate lawyer traumatic brain injuries Deer Park motorcycle accident lawyer Illinois construction accident attorney Illinois business law atorneys criminal defense Schaumburg Attorney overtime pay Schaumburg personal injury lawyers BUI Des Plaines real estate lawyer Joliet general practice lawyers driving Landlord Tenant Ordinance tax attorney guardianship attorney car accident lawyer Schaumburg estate planning lawyer no contest clauses car accident Crystal Lake will lawyer Riverwoods estate planning lawyer Self-Directed IRA Accounts Rolling Meadows traffic law firm spinal cord injury license suspension license reinstatement ken apicella Schaumburg corporate attorney Crystal Lake pet attorney Barrington Illinois estate planning lawyer motorcycle accident lawyer wage theft wrongful termination workers compensation benefits startup company Barrington estate planning attorney texting while driving School Visitation Rights Act caretaker rights Palatine punch death uninsured motorist personal injury accidents Rolling Meadows traffic attorney Palatine drug lawyer paid sick leave Rolling Meadows Attorney foreclosure Des Plaines collections attorney Palatine corporate law attorneys pet bites hands free device real estate attorneys Illinois Workers’ Compensation Commission creditors Buffalo Grove personal injury attorney Crystal Lake civil litigation lawyer child safety mortgage wills and trusts Crystal Lake pedestrian accident lawyer college kids Barrington estate planning lawyer Illinois workplace lawyer jet ski trucking accident lawyers Rolling Meadows DUI lawyer Rolling Meadows Kenilworth estate planning attorneys Rolling Meadows insurance dispute lawyers, insurance dispute liens speeding Class A misdemeanor boating accidents Illinois rollover accident lawyers Rolling Meadows corporate lawyer rumble strips Forcible Entry Crystal Lake traffic attorney Affordable Care Act bicycle dooring accidents distracted driving accident victims digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers real estate attorney Buffalo Grove employment lawyer revenge porn Rolling Meadows employment attorney Detainer Actions crossover accidents workplace sexual harassment FSLA drug crime drugs Palatine employment attorney Palatine business attorney dealing with problem employees insurance claim probate claims process Barrington boating accident attorney license Inverness elder law lawyer estate plan Arlington Heights medical malpractice lawyer Palatine criminal defense lawyer fiduciary rule delay advance healthcare directive Des Plaines tax law firm insurance agent negligence gift taxes Barrington attorney Palatine corporate attorney Arlington Heights insurance attorney Illinois insurance claim dispute lawyer digital media accounts, estate planning, Arlington Heights estate planning attorney, Schaumburg probate attorney Barrington workers compensation attorney Inverness traffic law firm Rolling Meadows employment law attorney Schaumburg employment attorney Des Plaines pet law attorney Des Plaines insurance attorney Schaumburg insurance lawyers Arlington Heights Traffic Lawyer Long Grove estate planning attorney job lawyers murder defense insurance denial appeals living trust trusts manufacturing Palatine personal injury lawyer Buffalo Grove medical malpractice lawyers Palatine traffic accidents Retaliatory Discharge POA Crystal Lake injury attorney IRS employee discrimination Inverness civil lawyer bad faith insurance claims Inverness estate planning lawyer deadly crashes drug crimes whistleblower protections Crystal Lake accident attorney golf accidents consent to a search employment contract Illinois employment law attorneys breach of contract Palatine probate lawyer BAIID surgical mistakes Schaumburg injury lawyer insurance negligence changes to mortgage law Chicago will attorney, social media platforms, Illinois estate planning lawyer, Illinois employee rights attorney. Super Mario owner responsibility Rolling Meadows Traffic Lawyer Illinois medical malpractice claim Des Plaines claims law firm operating agreements Arlington Heights trucking lawyer holiday statistics privacy laws car crash injuries Fourth of July Deer Park traffic accident attorney Crystal Lake law firm Crystal Lake business law attorneys auto accidents Illinois insurance lawyer Buffalo Grove car accident lawyer Palatine estate planning lawyer traffic accidents Rolling Meadows insurance attorney Illinois red light cameras overtime violations Long Grove estate planning attorneys car collision Inverness DUI lawyer financial advisors Rolling Meadows accident lawyer Illinois Human Rights Act Chicago attorney Arlington Heights employment attorney Arlington Heights car crash attorneys sexual harassment installment contracts Arlington Heights wills and trusts attorneys medical malpractice compensation vacation home Buffalo Grove personal injury lawyer Buffalo Grove probate lawyer life insurance claims digital evidence Rolling Meadows medical malpractice lawyers accidental death benefits Policy Cancellation pedestrian-automobile accident Crystal Lake employment law attorney Chicago employment lawyer Illinois civil litigation lawyer digital information Inverness real estate attorney Illinois tax attorney Chicago estate planning rent to own real estate contracts FMLA dog bites Deer Park criminal attorney capital gains tax food poisoning Schaumburg real estate lawyer insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Barrington criminal defense lawyer Inverness insurance attorney jet ski accidents Illinois medical malpractice lawyers Buffalo Grove law firm natural gas marijuana crimes attorney truck collisions rollover accidents DUI defense Chicago car accident lawyer trench injuries Barrington medical malpractice lawyers Rolling Meadows personal injury lawyer civil litigation attorney Liquor Control Act living trust vs will Schaumburg employment law attorneys traffic crimes cell phone traffic laws drug crimes lawyer Illinois employment attorneys Illinois Wage Payment and Collection Act Schaumburg drug defense lawyer Deer Park DUI lawyer institutional trustee probate probate lawyer forming a corporation in Illinois estate planning for college students Illinois mortgages fiduciary rule Schaumburg wrongful death attorney Illinois personal injury claim insurance claims living trust benefits Barrington Traffic Lawyer Colin H. Gilbert Home Sale Contingencies Inverness injury lawyer Des Plaines personal injury lawyers employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers unpaid overtime disability benefits Des Plaines drug crimes lawyer Illinois LLC creation Illinois home inspection estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Inverness corporate attorney IRA trust transfer senior citizens Deer Park accident attorney Federal Food Drug and Cosmetic Act Rolling Meadows estate planning attorney Schaumburg construction accident lawyer Rolling Meadows personal injury lawyers Illinois attorney power of attorney Crystal Lake car accident attorney Buffalo Grove insurance claim dispute lawyers small business Chicago employment attorney Schaumburg personal injury attorney trustee condo association Des Plaines medical malpractice attorney Des Plaines DUI attorney Barrington real estate lawyer Illinois medical malpractice case Exclusions