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

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

    Archive