DGAA bLAWg

Severance Agreements

Web Admin - Tuesday, January 12, 2016

severance agreements, Illinois employment law attorneyIndividuals who are facing termination from employment may be offered a severance package. The terms of this package are contained within a severance agreement. Employees facing termination should pay careful attention to the terms placed within the agreement and be sure that they understand what the terms mean before signing. 

Provisions in Severance Agreements

Severance agreements are important to employers and employees. For employers, they provide protection against the employee filing a lawsuit against the employer in the future. For employees, the agreement describes what payment and benefits they will receive. Additionally, provisions can be included to protect against what will be said to future prospective employers about the reasons for the termination. The following are several of the most common issues that are addressed in severance agreements: 

- Severance Pay: Payment for the termination is usually offered in some term of weeks (for example, five weeks of pay). It is common for the offer to be based on the length of employment, such as one week of pay for each year of employment.

- Vacation Pay: Employees are entitled to payment for earned, but unused vacation time.

- Non-compete Agreement: If the employer and employee entered into a non-compete agreement, the employer should provide a copy of it to the employee and remind him or her of the terms and conditions. Additionally, changes to the non-compete can be made during severance negotiations and placed in the agreement.

- Returning Equipment: A discussion of what happens to any property of the employer (such as a company phone, laptop, or keycards) that is in the possession of the employee should be included in the agreement. This provision should explain how and by what date the property must be returned.

- Future Jobs: For the terminated employee, it is likely that he or she will be searching for a new job. In that case, it is important for the employee and his or her former employer to agree on how the employer will communicate with prospective employers. If the employee and employer give different reasons for the termination, it can be detrimental in the search for a new job. Additionally, the parties may enter into a non-disparagement clause, which states that neither of them will make disparaging remarks about the other to third parties. A non-disparagement clause should specifically define what cannot be said.

- Claims Waived: This is often the most important provision for employers. Under this provision, the employee relinquishes any right to file a lawsuit against the employer. It should define all of the types of claims and lawsuits that are barred.

- Employees Over 40 Years Old: These types of employees are protected by the Older Workers Benefit Protection Act (OWBPA). Workers 40 years of age and older must be given 21 days to review the severance agreement prior to signing it. Further, they have seven days after signing the agreement to change their mind and revoke it. 

Helping Employees 

If you are faced with a severance agreement negotiation, you should contact a skilled Illinois employment law attorney as soon as possible. Our team can help you understand the provisions in severance agreements, which can help you secure benefits and protect your rights. We proudly represent individuals the communities of Crystal Lake, Schaumburg, Palatine, Des Plaines, Rolling Meadows, Buffalo Grove, Barrington, Arlington Heights, Inverness, and Deer Park. We look forward to hearing from you. 

      Ken Apicella

      About 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.



Source: http://www.eeoc.gov/eeoc/history/35th/thelaw/owbpa.html


Misclassification of Employees

Web Admin - Thursday, November 19, 2015

    misclassification of employees, Illinois employment law attorneyIndividuals who are performing work for a business entity are generally either classified as independent contractors or employees. The difference between the two classifications is important; being considered an employee entitles individuals to greater benefits than independent contractors receive. Unfortunately, whether intentionally or not, the misclassification of employees occurs, and can end up costing employees access to significant benefits. 

    Classifying Workers 

    An independent contractor provides a good or service while retaining control over how that good or service is provided or performed. Moreover, an independent contractor will often treat the entity that he or she provides the work for more like a customer or client, rather than an employer. Frequently, an independent contractor will be performing similar work for multiple entities. 

    If a person performing work is considered an independent contractor, the business entity can avoid providing the person with the benefits that employees are entitled to. Some of these benefits include workers’ compensation, overtime pay, insurance, minimum wage, and family or medical leave. By avoiding these benefits, the entity can enjoy significant cost savings, which can create a competitive advantage over similar businesses. However, this comes at the expense of the individuals the entity employs. 

    Under the Illinois Unemployment Insurance Act, a presumption of employment exists that must be rebutted by the entity in order to lawfully classify the individual performing work as an independent contractor. Specifically, an individual performing services for a business entity is considered an employee unless it is proven that:

    1. The individual is free from the entity’s control or direction over the performance of the work, both under the terms of the contract and in fact;

    2. The service provided is outside of the normal course of the business or is completely performed outside of all of the places of business of the entity; and

    3. The individual is part of an independently created trade, occupation, profession or business. 

    Under the Illinois Employee Classification Act, a construction worker is considered an independent contractor if the above test is met or if the worker is a sole proprietor or partnership. 

    Holding Employers Liable 

    The Illinois Department of Labor, as well as various other government agencies, is responsible for enforcing state laws that govern employee misclassification. Consequences for misclassifying employees as independent contractors include the assessment of interest on late or delinquent unemployment insurance trust contributions and financial penalties. An employer that does not obtain workers’ compensation insurance can be fined up to $500 for every day that it is non-compliant, with a minimum fine of $10,000. It is also possible for an individual to file a personal lawsuit against his or her employer to recover damages such as wages, back overtime pay, or other lost benefits. 

    If you believe that you have been misclassified as an independent contractor, it is important to contact an experienced Illinois employment law attorney as soon as possible. There are potentially significant benefits that you have been denied as a result of that misclassification. Our firm proudly helps individuals in communities throughout the northwest suburbs, including Crystal Lake, Schaumburg, Palatine, Des Plaines, Rolling Meadows, Deer Park, Inverness, Arlington Heights, Barrington, and Buffalo Grove. 

      Ken Apicella

      About 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.ilga.gov/legislation/ilcs/fulltext.asp?DocName=082004050K212

    http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2898&ChapterID=68



    Recent Posts


    Tags

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

    Archive