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

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

    Archive