Menu Wessels Sherman Joerg Liszka Laverty Seneczko P.C.
Protecting Employers for Over 30 Years
Office Location
St. Charles, IL Chicago, IL Office Davenport, IA Office Minneapolis, MN Office Milwaukee, WI Office
St. Charles, IL Chicago, IL Office Davenport, IA Office Minneapolis, MN Office Milwaukee, WI Office
St. Charles, IL Chicago, IL Office Davenport, IA Office Minneapolis, MN Office Milwaukee, WI Office

Hiring/Firing Archives

Resignation or Discharge?!?!: How the Illinois Department of Employment Security Actually Evaluates this Question

Many times clients/employers struggle over whether they should graciously offer the option of resigning to an employee whom they actually wish to fire. The client/employer reasons that the fired employee might prefer to tell "the world" that he himself has resigned from his job, rather than admitting that he was fired. But the client/employer sometimes worries that offering this option of resigning may have some adverse legal impact for the employer/company.

Expunged Conviction Not A "Conviction" Under WFEA

HR professionals that conduct criminal background checks on prospective employees are well aware of (or should be) the Wisconsin Fair Employment Act's prohibition against discrimination on the basis of an individual's arrest or conviction record. Under the WFEA, an employer may not discriminate against an employee or prospective employee on the basis of a pending arrest or conviction, unless the circumstances of the arrest/conviction are substantially related to the circumstances of the proposed employment. Easy enough? Not really.

Lessons Learned: Effective Documentation

"The importance of documentation" is an axiomatic, and almost trite, battle cry that human resource professionals constantly beat into the psyches of their supervisors - quite often to no avail. But what, really, is "documentation?" When do you do it? How do you do it? And, what, exactly, are you supposed to document? More importantly, have you ever conveyed this information to your supervisors?

Tomorrow's Workforce

While the author is seventy-two (72) and probably will be out of the workforce in a few years (?), according to the United States Census Bureau (National Population Projection Statistics), Employers will be facing some interesting changes and challenges in their future workforces. Those "changes and challenges" will not only deal with technological issues, but with actual employees!

Employee Resignation - Employer Problem?

While there may be disagreement as to the current status of the work environment, most intelligent/competent people would agree that unemployment is low and the job market is beginning to tighten. The U.S. unemployment rate is at a sixteen (16) year low - 4.3%. In fact, there are 73 counties in the United States with unemployment rates of 2% or less based upon recent Bureau of Labor statistics. In this type of environment, talented Employees in your employ will be in higher demand, especially in a highly competitive industrial environment. Whether or not some have the perception of "manufacturing jobs" as "dirty work or low class" or that being "college educated" is an absolute requirement, the availability of experienced personnel with manufacturing skills is a growing talent shortage. While you may have in place Confidentiality, Non-Solicitation and Non-Compete Agreements, these documents, in and of themselves, do not totally protect an Employer. Employers must have a plan in place to address and deal with the unexpected departure of an Employee.

Being Caught in a Tangled Web

In the March, 2017 Client Alert, the Author submitted an Article on giving guidance to Employers in the creation of good documentation to substantiate and defend Employment Decisions when those Decisions are called into question. While the presence (or lack thereof) of good documentation can be the success or failure in any Employment Litigation, there are certain situations where an Employer's documentation may create a "tangled web" in which an Employer catches himself/herself.

Credit Checks On Employees

There is a very recent Case - Ohle v. The Neiman Marcus Group, 12 L 11206, which is a 2016 Illinois Appellate Court Decision that finds The Neiman Marcus Group violated Illinois State Law by running a credit check on potential Sales Associates and denying Ms. Ohle employment because of credit issues. Specifically, the alleged violation involved a violation of the Employee Credit Privacy Act, 820 ILCS 70/et seq.

Office Locations

140 S. Dearborn Street
Suite 404
Chicago, IL 60603

Phone: 312-629-9300
Map & Directions
Chicago, IL Office

9800 Shelard Parkway
Suite 310
Minneapolis, MN 55441

Phone: 952-746-1700
Map & Directions
Minneapolis, MN Office

1860 Executive Drive
Suite E-1
Oconomowoc, WI 53066

Phone: 262-560-9696
Map & Directions
Milwaukee, WI Office

101 West Second Street
Suite 307
Davenport, IA 52801

Phone: 563-333-9102
Map & Directions
Davenport, IA Office

Dunham Center
2035 Foxfield Road
St. Charles, IL 60174

Phone: 630-377-1554
Map & Directions
St. Charles, IL Office

Wessels Sherman Joerg Liszka Laverty Seneczko P.C.

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.