Chicago Legal Issues Blog

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.

Government announces immigration raids

On behalf of Walker Morton LLP posted in US Immigration Law on Wednesday, July 17, 2019.

Last month President Donald Trump announced that immigration raids would take place across the nation to identify and remove allegedly illegal immigrants from the United States. Those raids were put on hold. However, it has been publicized that they will in fact happen and will begin after the 4th of July. Several cities have been identified as targets of the planned raids, and Chicago is one of them.

The raids were initially delayed in an effort to see if federal legislators could come to terms with a way to improve the current asylum process that immigrants must go through when seeking to stay within the borders of the nation. As previously discussed on this blog, a person may seek asylum in the United States when they have suffered persecution in their home nation.

Understanding your rights as an employee

On behalf of Walker Morton LLP on Monday, July 8, 2019.

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?

On behalf of Walker Morton LLP posted in Employment Litigation on Friday, July 5, 2019.

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

On behalf of Walker Morton LLP posted in Business Litigation on Thursday, June 27, 2019.

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.