Walker Morton LLPChicago Business Law Attorney | Real Estate | Employment Law2024-03-07T15:46:54Zhttps://www.walkermortonllp.com/feed/atom/WordPressOn Behalf of Walker Morton LLPhttps://www.walkermortonllp.com/?p=476962024-03-05T15:49:15Z2024-03-07T15:46:54Zresolve lawsuits or potential lawsuits before their cases proceed to a trial.
Provided the other side agrees, businesses can try ADR while litigation is pending or even early on in a legal claim. Sometimes, a court’s rules or the provisions of a contract will require the parties to use ADR to resolve their dispute.
In the world of commercial litigation, two common types of ADR are arbitration and mediation.
Mediation involves all sides working with a neutral third party, called a mediator, to resolve their disputes. Mediators are often experienced attorneys or those with expertise in a particular industry, like construction, for example.
A mediator does not make decisions about the case but will try to help all sides negotiate an agreement with which they can live. If the mediation succeeds, the mediator may also help draft the agreement. Otherwise, the parties can move forward with a court case.
The process is voluntary and confidential, so those participating should neither feel forced to enter an agreement nor fear that what they said in mediation will come back to haunt them later.
Unlike mediation, arbitration can be and often is binding on those who participate. In an arbitration, the neutral third party, or arbitrator, will hear the dispute and enter a decision, much like a judge.
The difference is the arbitrator can get right to the substance of a dispute without having to follow rules of evidence and other formal procedures. The goal is to get an efficient and well-informed decision about a claim, usually by someone with expertise in the field.
Although not right in every case, ADR offer several advantages to businesses
Whether ADR is right for a business will depend a lot on the business’s circumstances and the facts of their dispute.
Still, before going to court, a business should consider several advantages to ADR:
The process tends to be less costly both in terms of time and money than going through with a trial in court.
The process is more confidential than a public court hearing.
Businesses going to trial always face some uncertainty about how a judge or jury will decide a case. This is so no matter how strong compelling a business believes its case to be. ADR gives a business the means of controlling their risk.
]]>On Behalf of Walker Morton LLPhttps://www.walkermortonllp.com/?p=476952024-02-26T20:24:37Z2024-02-22T20:21:05ZProspective entrepreneurs have options
The entrepreneur pathways vary in what the prospective businessperson needs to do to enter the United States as an immigrant and start a business. For example, the person’s position in the new business dictates which pathway is appropriate. If they are part owners of the prospective business, they can use the International Entrepreneur Rule. Those who simply invest need to use the E-2 Treaty Investor pathway or the EB-5 Immigrant Investor pathway.
For people who are using the International Entrepreneur Rule, it is required that they are serving in a key role in operating the business. An E-2 would require them to develop and direct the business. Each person’s position in the proposed business would require a different pathway.
In some instances, the person would need to show they have education, experience and skills to operate the business. Those showing extraordinary ability would use an EB-1A visa. For example, a renowned scientist from another country who has achieved notoriety in their field could qualify under this pathway.
Depending on the business, the immigrant might need to become a lawful permanent resident. A person who achieves this status can come to the United States, live and work permanently. They can also pursue U.S. citizenship. For others, non-immigrant status would be sufficient for them to live and work in the U.S. temporarily and start their business.
Immigration can be a complicated topic and those who want to enter the United States and conduct business are dealing with the multi-pronged challenges of getting a business off the ground and addressing legal obstacles. Fortunately, there are ways they can come to the United States and make their goals into a reality. Knowing how to do so while adhering to U.S. Immigration law is key to achieving a positive result.]]>On Behalf of Walker Morton LLPhttps://www.walkermortonllp.com/?p=476942024-02-06T05:41:05Z2024-02-09T05:39:42ZIllinois Human Rights Act
The IHRA prohibits pregnancy-related discrimination and mandates reasonable accommodations unless an undue hardship is posed. It protects employees throughout various employment categories and ensures fair treatment regarding hiring, promotions, accommodations, etc.
Family and Medical Leave Act
The FMLA is a federal law offering eligible employees up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons, including the birth and care of a newborn child. Employers must maintain health insurance during this leave.
Can you lay off an employee on pregnancy leave?
Perhaps, but it can be legally problematic. While both the IHRA and FMLA provide substantial protection to pregnant employees, absolute job security is not guaranteed. Employers may lay off an employee on pregnancy leave under specific circumstances.
Layoffs due to legitimate business reasons
If the layoff stems from legitimate, non-discriminatory business reasons, such as economic downturns or restructuring, it might be permissible. Essential considerations include treating pregnant employees equally, not using pregnancy or leave status as a layoff criterion and offering a chance to return if a position becomes available within a reasonable time. Though, the economic considerations and issues must be documented, and if the only employee affected is the pregnant employee, proving the decision is non-discriminatory becomes much harder.
Layoffs due to undue hardship
An employer may lay off an employee on pregnancy leave if accommodating or retaining the employee poses an undue hardship. Assessing undue hardship involves factors like accommodation cost, business size, financial resources, operational impact and alternative options. Engaging in an interactive process with the employee and documenting efforts are crucial.
Compliance requirements for layoffs
Even if layoffs are based on legitimate reasons, compliance with IHRA and FMLA requirements is essential. Provide reasonable accommodations to pregnant employees, unless an undue hardship exists. Avoid discrimination or retaliation against pregnant employees seeking accommodations, like immediately firing them or laying them off when they request leave.
Apply consistent criteria for layoff selection, refraining from using pregnancy or leave status as a basis. Notify employees of their IHRA and FMLA rights and obligations. Permit the use of accrued paid leave or benefits during the layoff. Offer the opportunity to return to work if a suitable position opens within a reasonable timeframe post-layoff.
Conclusion
Laying off an employee on pregnancy leave is a nuanced decision requiring careful evaluation of reasons and circumstances. Employers must ensure compliance with IHRA and FMLA to avoid legal ramifications.
]]>On Behalf of Walker Morton LLPhttps://www.walkermortonllp.com/?p=476932024-01-25T17:57:04Z2024-01-25T17:57:04Zspecific points about hiring immigrants and know how to make it easier.
Key factors in hiring immigrants
To ensure people are working in the United States legally, they must receive an immigrant visa. Once they are a permanent resident and have this visa – also called a Green Card – they can work wherever they choose to and anyone who wants to hire them is free to do so.
When hiring a person who does not yet have a visa, it is necessary to get them a work visa. These are categorized as EB-1, EB-2 and EB-3 visas. EB-1 is for priority workers of extraordinary ability; EB-2 is for people with an advanced degree or exceptional ability; EB-3 is for a variety of workers – skilled, professional and unskilled.
The employee must be eligible to work in the United States. To do so, they will fill out an I-9 Form. It states whether the worker is a citizen, a non-citizen national, a legal permanent resident or a non-resident with work authorization.
Employers who are keen to hire a certain person can help them to get their authorization. They are also advised to know precisely what type of employees they are looking for, know how to attract qualified candidates, be aware of where to post job advertisements, be prepared for an in-depth interview and select the person who meets the qualifications while being legally able to work in the United States.
Immigration and employment law cases often intersect
Since Immigration and employment law are frequently intertwined, businesses and individuals who are concerned about these issues need to be fully prepared for every challenge that might arise. From finding people who are qualified for the jobs to making sure they are legally allowed to work and addressing obstacles as they come up, it is useful to have a comprehensive understanding of the process.]]>On Behalf of Walker Morton LLPhttps://www.walkermortonllp.com/?p=476912024-01-12T20:52:52Z2024-01-11T20:51:23ZMergers and acquisitions
With a merger, two companies form a new entity which is often given a new name and the former companies are dissolved. A merger may be used to take advantage of the resources of the two companies to become more competitive in the marketplace.
With an acquisition, one company buys the other company. Sometimes, the company that is purchased becomes part of the company buying them. An acquisition may be used to reduce costs, expand product types or to use technology more efficiently.
Effect on employees
A merger and acquisition can have a significant effect on employees, and it may lead to employment law disputes.
It can leave employees uncertain about their future within the new company and have an impact on their morale. Some employees may choose to terminate their employment before the company eliminates their role, leaving the company with a loss of knowledge and additional recruiting costs. If there is a change in leadership, organizational culture or challenges with communication, employees may be less engaged in their work.
Employment law disputes can arise regarding benefits and compensation, talent management and succession plans, and labor law issues. Specifically, the new company can face lawsuits about wage and hour violations and contract disputes.
Unless the merger or acquisition is managed carefully, it can also cause reputational harm for the business and difficulty attracting new employees.]]>On Behalf of Walker Morton LLPhttps://www.walkermortonllp.com/?p=476902024-01-08T07:06:11Z2023-12-28T07:05:14Zemployment law violations or compliance issues. As such, it is important that you gain a better understanding of the current applicable laws to ensure compliance and better protect your workforce and business.
Employment and labor law
At Walker Morton LLP, our law firm understands that establishing employment policies and a manual is vital; however, our attorneys are also aware that employment laws continually evolve. As such, changes to laws, regulations and rules could impact whether a business is in compliance with current employment laws.
Taking the step to create and update your policies is imperative. However, this can be complex to navigate. As such, an experience legal professional can answer any questions and concerns you have.
Resolving disputes
Employment law disputes range vastly; however, as an employer, you should equip yourself with mechanism to prevent litigation and resolve these matters. Whether it is being proactive by keeping your company’s policies and manuals current or taking steps to resolve matters through negotiations or mediation, a legal professional can help you gain a better understanding of your situation, rights and options.
Whether you are dealing with employment immigration issues, human resources compliance, risk management, issues concerning labor unions or matters connected to employee benefits and compensation, you have the ability to resolve these matters through litigation or out of court.
Businesses and companies new and old could face employment law issues. Thus, if you have current concerns or questions about strategies to better protect your business, it is important to educate yourself about your legal rights and options.
]]>On Behalf of Walker Morton LLPhttps://www.walkermortonllp.com/?p=476892023-12-20T21:32:56Z2023-12-14T21:31:29Zsecond preference category applies to businesses that want to hire people with an advanced degree that fits in with their structure. It also applies to those who are categorized as having “exceptional ability.” Known as Employee Second Preference (E2), it is essential that businesses and prospective workers know how to apply for a visa so the person can come to work in the United States legally.
Know how to help an employee with an E2 visa
For the immigrant to receive an E2 visa, there must be a job offer in place. The employer needs to file a specific form on their behalf. The job applicant can seek an exception. This is called a National Interest Waiver. This waiver is for potential employees whose work is of national importance and has substantial merit; they have shown they can achieve their objectives; and it will benefit the nation for them to come and work in the U.S.
If the person has an advanced education degree that goes beyond a conventional college degree or who have a college degree and a minimum of five years’ experience in the profession, they might qualify under E2. Those who have demonstrated exceptional ability in their endeavor whether it is in arts, business or the sciences can also get this visa. Their expertise must be substantially higher than those who are normally found in these areas.
Businesses should have guidance with Immigration-based hires
Now more than ever it is vital for businesses to be fully compliant with the Immigration laws. This applies to every aspect of their operation, particularly hiring immigrants they are confident will add value to their business.
Since Immigration can be confusing and the categories will vary, it is wise to know the available steps to hire people who fall into the E2 category or other immigration categories. This can avoid obstacles and missteps from sabotaging the hire and impeding the business.]]>On Behalf of Walker Morton LLPhttps://www.walkermortonllp.com/?p=476882023-12-06T06:14:20Z2023-12-01T06:13:36ZThe disadvantages of a sole proprietorship
A sole proprietorship could be dangerous for you and your business. Here’s why:
Liability: When you create a sole proprietorship, you create an entity that’s tied to you personally. As a result, if you can’t meet your business’s debt obligations in your professional capacity, then creditors will come after your personal wealth. In other words, you’re extremely exposed.
Trouble raising capital: Getting your business off the ground and keeping it running is going to take a steady stream of funds. In the early days, it can be hard to secure the capital you need if you’re out on your own, and it might be hard to secure new lines of credit.
Lack of expertise: When you create a sole proprietorship, you limit your business’s knowledge to what you know. In other business structures, you can bring in people who have various backgrounds, experiences, and expertise, which can be quite valuable to your company.
Less flexibility: When you’re the only one in charge, it’s hard to take time off. This can create an imbalance in your work and personal lives.
Higher taxation: By operating a sole proprietorship, you subject yourself to additional taxation that would be avoidable through a different business structure.
Figure out which business structure is right for you
You have a lot of options when it comes to choosing a business structure. Picking the right one will require knowledge of those options. You shouldn’t cut corners here, either, as your decision could have implications for you and your business for a long time to come.
So, take the time you need to research the various business structures at your disposal so that you can make the informed decision that you believe is best.
]]>On Behalf of Walker Morton LLPhttps://www.walkermortonllp.com/?p=476862023-11-27T07:37:27Z2023-11-14T07:36:25Ztermination to be considered unlawful under Illinois law, the termination must have been:
Based on discriminatory reasons (e.g., employee was terminated because of their gender, race, or other protected characteristic).
Based on retaliatory reasons (e.g., employee was terminated for filing EEOC).
A violation of an employment contract.
Based on taking protected time off work (e.g., eligible employee was terminated for taking FMLA leave).
An employer is unlikely to admit that a termination occurred for illegal reasons. Instead, your supervisor is likely to cite to “legitimate, non-discriminatory” reasons for your termination.
They may claim that you were always late to work, failed to meet performance requirements, or engaged in insubordinate behavior.
It is your job to present evidence, including job performance reviews, witness testimony, and correspondence between you and your supervisors to dispute these “legitimate” reasons.
For example, five years of above average performance reviews could dispute your employer’s claim that you were fired for poor performance.
An employment litigation attorney can review your employment records and other evidence to determine whether you have a valid claim for wrongful termination.
]]>On Behalf of Walker Morton LLPhttps://www.walkermortonllp.com/?p=476852023-11-09T18:35:56Z2023-10-31T17:34:41Zterms of service may also give you a platform for a lawsuit against a user who misappropriates your information and your intellectual property.
So, what do you need to include in your terms of service?
Boilerplate language will only get you so far when it comes to protecting your business. Therefore, as you think about your terms of service, you might want to consider implementing terms that address the following:
A disclaimer of liability that protects you from any errors on your website.
A statement that indicates that you’re not responsible for any statements users make on the website.
An indication that the website doesn’t create a professional relationship with end users.
A statement that third-party content found on the website that is not endorsed by your business.
A claim that you own the intellectual property found on the website and that it’s not to be used in any fashion without your written consent.
A specification of how end users can be banned from the site.
There may be other terms that are important for your business. You just have to know where your business is vulnerable and what terms can help protect it in the event that you find yourself amidst business litigation.
Do you need guidance for your business law affairs?
If so, now is the time to dig for the information you need to make informed decisions. Your attorney can help you here, but it’s also a good idea to educate yourself. By doing so, you’ll hopefully be able to avoid costly litigation or protect your business when litigation arises.]]>