Chicago Legal Issues Blog

Can noncompete agreements be broken?

On behalf of Walker Morton LLP posted in Employment Litigation on Thursday, September 12, 2019.

If you have a business that has unique practices that give it an edge over competitors, you want to do everything possible to protect those valuable secrets. One tactic you may use is having your employees sign a noncompete agreement.

Noncompete agreements prevent your employees from working for a competitor, making sure your employees can't give your competitors valuable information on your business practices. However, employees and courts have started to question the legality of noncompete agreements. While court rulings and laws have started to change the scope of noncompete agreements, you may still be able to use them for your business.

What happens when a member wants to withdraw from an LLC?

On behalf of Walker Morton LLP on Saturday, August 31, 2019.

There’s no question that operating a business is both rewarding and challenging. If you are a member of a limited liability company, you might have chosen this business organization because it was easy to set up and flexible in its operation. However, you could face a challenge when a member wants to withdraw from the business.

If you do not take care when a member wants to withdraw, you could be risking the future of your business. There are a variety of reasons a member could withdraw. A member could be going through a change in their life or maybe your business goals have changed. So, how do you ensure a clean withdrawal?

What does it mean to have dual citizenship?

On behalf of Walker Morton LLP posted in US Immigration Law on Thursday, August 29, 2019.

Many people who move to the United States wish to eventually gain citizenship so that they may fully enjoy the rights and benefits offered to citizens through the government. When seeking U.S. citizenship some individuals may choose to give up their citizenship in their home countries. Others may elect to retain their home country citizenship and obtain United States citizenship as well.

Dual citizenship means just that: retaining citizenship in two different countries. There are different ways that Chicago residents can become dual citizens. Having parents from a different country while being a United States citizen is one; becoming a naturalized United States citizen while maintaining one's home country citizenship is another. Readers should talk to their immigration attorneys about the different ways that dual citizenship may be sought.

What employers are covered by the ADA?

On behalf of Walker Morton LLP posted in Employment Litigation on Tuesday, August 20, 2019.

Not every American employer must conform to the requirements of the Americans with Disabilities Act. Pursuant to Title I of the ADA, only employers that carry at least 15 employees are mandated to conform to the ADA's terms. That means that some small Illinois businesses may be exempt from the strict rules of this anti-discrimination law.

When an employer is required to conform to the ADA, they are prohibited in undertaking certain actions. For example, they may not allow disability discrimination to play a role in any employment decisions for their employees. That means that they may not discriminate when hiring to workers, promoting existing workers or firing certain individuals from their workforce. Disability-based questions may not be asked during interviews for positions with the ADA-covered entity.

An overview of business partnerships

On behalf of Walker Morton LLP posted in Business Formation & Planning on Thursday, August 15, 2019.

The term "partner" is used in many different contexts outside of the world of business. Two people who choose to live together in marriage or as a committed couple may call each other their partners, and good friends who have a close emotional bond may refer to each other as their "partners-in-crime." In the business world, though, a partnership has a distinct meaning and Chicago business owners should understand it before they commit to being partners with others.

A business partnership is defined by having a business with more than one involved party. Partnerships have at least two entities involved and can be structured so that those entities share the profits of the business. There are not many formal requirements to creating partnerships, but individuals should know what liability they take on when they enter into partnership agreements.

What is a constructive dismissal?

On behalf of Walker Morton LLP posted in Employment Litigation on Friday, August 9, 2019.

When a Chicago resident encounters a negative experience or negative individual, they may take proactive steps to avoid it or them so that their future is not impacted by the stress of the resulting experience. This is possible when a person can choose where they will go or who they will be with. When the negativity that they wish to avoid is in their workplace, however, they may have few options for improving their chances of avoidance.

A negative or hostile work environment may become intolerable for a person who depends on their job to support themselves and their family. When they can no longer manage the alleged discrimination, harassment, or abuse inflicted on them by their employers, supervisors, or co-workers, they may choose to leave their positions rather than put up with them. When this occurs a constructive dismissal may have resulted.

Even small companies can face international lawsuits

On behalf of Walker Morton LLP on Friday, August 2, 2019.

If you run an online publication, you know that your content will be available worldwide. This can result in issues outside of the United States. This issues often affect big, lucrative companies; however, even small organizations should understand foreign legal threats and how to deal with them.

Claims of deceptive trade practices harm Chicago businesses

On behalf of Walker Morton LLP posted in Business Litigation on Wednesday, July 31, 2019.

Chicago business owners may do everything they can to operate their entities with honesty and integrity. Many people put their whole lives into the companies that they create, and they are not willing to sacrifice their good names to get ahead because of cheating or deceit. Unfortunately, though, good businesses and their owners often suffer when claims of deceptive trade practices are made against them. This post will generally discuss what deceptive trade practices are and what businesses can do when they are alleged to have committed them.

Deceptive trade practices are wrongful efforts on the part of businesses to entice others to buy their products or services. Businesses that engage in false advertising may face claims of deceptive trade practices. Additionally, using or pushing bad information about other businesses and their products may also be considered wrongful in this area of law.

Third country rule to become American immigration policy

On behalf of Walker Morton LLP posted in US Immigration Law on Friday, July 26, 2019.

A person who enters onto American soil may seek asylum by demonstrating that they may suffer persecution in their home country. Asylum exists to offer safe harbor to individuals who have suffered under the policies of their governments because of their beliefs and traits. Across Illinois, individuals have made better lives for themselves and their loved ones in the U.S. after leaving their oppressive and potentially dangerous homelands.

However, the rules that currently govern asylum in the country may be about to change. The federal government has announced that very soon individuals who cross through third countries - being countries that are not the United States or the individuals' home countries - may not apply for asylum when they reach the United States. Instead, they must seek refugee status while they are still in the third country.

Reasonable accommodations in the workplace

On behalf of Walker Morton LLP posted in Employment Litigation on Monday, July 22, 2019.

The Americans with Disabilities Act is a piece of federal legislation that prohibits discrimination in American workplaces based on the disabilities of workers. States like Illinois have adopted their own anti-disability discrimination legislation that govern how certain workplaces may or may not address their workers' disability-based needs. Individuals with questions about disability discrimination law are encouraged to seek legal help for their issues as this post is offered as information only.

Under the ADA, employers must offer their disabled workers reasonable accommodations to support them in the completion of their job-related tasks. This could mean providing wheelchair-bound workers with workspaces they can enter, visually impaired workers with bigger work screens or materials and other such accommodations. An employer does not have to undertake every possible accommodation for a disabled worker; their efforts must, however, be reasonable.