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Chicago Legal Issues Blog

Understanding your rights as an employee

As an employee in the state of Illinois, you have certain rights - rights that you can fight for if not provided by your employer. This goes for both hourly and salaried employees. These rights include: overtime pay, minimum wage, vacation and sick leave, protection from discrimination and harassment and meal and day breaks.

What is age discrimination?

In some cultures, older members of the population are considered highly knowledgeable individuals who are revered and honored by those who live with them. They are seen as wise elders who guide the decisions of their communities and offer reflections on the past to help younger generations avoid making similar mistakes. In Illinois and throughout the United States, this sentiment is not always shared by all employers.

In fact, some employers view older workers as liabilities. They may not believe that older workers can keep up with the pace of work that is expected of them, or that they will not adapt to new technologies and workplace practices as their younger counterparts. Unfortunately, some older workers are disliked by their employers because they command higher salaries than their younger co-workers due to their experience and knowledge.

Fraud in the formation of a business agreement

Fraudulent misrepresentation is a serious matter that can cost businesses time, money and other valuable resources. When Illinois businesses suffer harm as a result of fraud in their business dealings, they may have remedies to recoup their losses and cut ties with the entities that caused them harm. This post will offer some information on the legal topic of fraudulent misrepresentation, but readers should seek formal legal advice for getting answers to their specific legal questions.

As readers of this blog may know, contracts form the backbone of most business relationships. Contracts involve offers, acceptances, negotiations and require performance in order for them to be completed. If fraud is introduced at any point in the creation of a contract, fraudulent misrepresentation may cause one of the parties to it harm.

What does it mean to seek asylum in the United States?

Every year thousands of people arrive in the United States from countries throughout the world. Some of these travelers are just that - individuals who wish to visit the country to learn about its history and culture, and who wish to experience the tastes, sounds and sights of America for themselves. Others, though, arrive on American soil because they no longer feel safe in their own countries. Individuals in the latter situation spread out throughout the nation and settle in communities in every state, including Illinois.

If they have been persecuted in their home nations, they may wish to apply for asylum in the United States. Asylum is available to individuals who cannot or will not go back to their home countries because they do not feel that they will be safe. Many who seek asylum are political, religious or racial minorities in their home countries and may fear for their lives if they remain there.

The role of a fiduciary in a business organization

Building a business from the ground up can be a labor of love for a Chicago resident. Though they may take on many of the initial duties of running their entity on their own, over time an individual may associate with others to grow their business and support its success. As individuals become associated with a corporate entity, they may become fiduciaries with regard to their responsibilities.

A person with a fiduciary relationship to a business is a person who has been entrusted with confidence by the business. A fiduciary must be aware that they have been given powers or responsibilities; an example of a fiduciary within a business structure may be a member of the entity's board of directors. Individuals who have been given the authority to act on behalf of the business and to do so in a responsible manner may be fiduciaries.

Can an employment contract cover termination terms?

Before a Chicago resident takes a new job they may be asked to sign an employment contract. That document may cover a whole host of topics ranging from compensation and vacation policies, expected work hours and performance expectations, as well as issues that are specific to the employer or industry in which the job is located. A contract for employment may also cover situations in which termination of the employee may be appropriate.

For example, a termination clause may give both of the parties to the agreement the right to end the employee's work relationship with the employer. That means that an employee can leave their job if they choose, but it also means that the employer can let them go. There are justifiable reasons that employees may be terminated, but as readers of this blog may know there are reasons that employers may not use to end their workers' jobs.

Tips for ending your business partnership

Ending any sort of partnership can be challenging, requiring reflections on what went wrong and where to go from here. When it becomes clear that your business partnership must come to an end, you may wonder how to approach ending the relationship.

Partnerships can involve some risk, as many successful entrepreneurs partner with those that bring complementary skillsets to the business. Yet, your different perspectives may lead to fundamental differences later on. Because the consequences of rushing into a decision can greatly affect both you and your business, carefully consider your options to move forward without your partner.

Contract dispute basics

Agreements included in contracts are what make the business world work but sometimes those agreements do not work out and disputes arise. It is important to understand how to address a contract dispute.

Business litigation resources can help parties impacted by a breach of contract or other contract dispute address their concerns and damages. A contract outlines the agreement between parties doing business together and defines their obligations and responsibilities to one another. A breach of contract may occur in several different circumstances including if a party to the contract fails to perform its obligation in a timely manner; if a party to the contract fails to perform according to the terms of the agreement; or if a party to the contract fails to perform at all.

What is sexual harassment and what can I do about it?

Victims of sexual harassment who are suffering sexual harassment in the workplace have legal protections they should be familiar with. Sexual harassment does not have to be tolerated in the workplace and victims should know what is considered sexual harassment and what they can do about it.

There are generally two types of sexual harassment which may lead to employment litigation. Quid pro quo sexual harassment occurs when a sexual relationship is demanded in exchange for not firing or punishing the employee or in exchange for promotions, raises or other favors. The second type of sexual harassment is referred to as a hostile work environment. A hostile work environment may be created if offensive sexual behavior is so pervasive that it creates a hostile work environment for the employee to work in.

Those with property in multiple states may value having a trust

Many people try to avoid the probate process because it can be expensive and time-consuming. It can also involve numerous uncertainties and inconveniences for your loved ones.

Avoiding probate can be of even greater importance if you own property in more than one state. The downsides to probate can multiply if you own property in more than one state because probate will be necessary in each state where you own property.

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