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

The New Illinois Law Regarding Severance And Release Agreements: Five Commonly Asked Questions

Illinois employers have been truly shell-shocked with many new (and sometimes vague or confusing!) employment laws that became effective January 1, 2020. One big and somewhat surprising change in Illinois law is the new requirement that Illinois employers give certain special treatment to Separation and Release Agreements. The following are five commonly asked questions from our clients:

Illinois Employers Have New Restrictions on the Use of Arrest Records in Employment Decisions

Effective January 1, 2020, the Illinois Human Rights Act has been amended regarding the use of arrest records by employers.

Artificial Intelligence Video Interview Act - What This Means For You

The State of Illinois recently enacted legislation entitled the Artificial Intelligence Video Interview Act which took effect on January 1, 2020. Employers who use Artificial Intelligence to analyze videos of job applicants are subject to the requirements of this law. Artificial Intelligence interviewing is growing substantially in the Private Sector. A survey last year of over 1,300 HR Professionals and In-House Counsel indicated that more than thirty-five (35%) percent of those responding are using Artificial Intelligence in the recruiting and hiring process.

Illinois Employers Alert!: There is A New Illinois Law regarding Severance and Release Agreements!

As many readers may be aware, there are several new and significant employment laws that were recently passed in Illinois which become effective January 1, 2020.

Yes, Severance and Release Agreements Can Protect Employers: Use These Agreements Effectively!

If an employer is planning on terminating an employee whom the employer feels may be litigious or a "high-risk termination," then the employer may want the employee to sign a carefully prepared severance and release agreement. Giving an employee severance (i.e., money or something of value) in exchange for the employee signing a release of all claims against the employer is a legally acceptable mechanism for an employer to avoid potential litigation.

Illinois Workplace Transparency Act

On June 2, 2019, the Illinois General Assembly approved the Workplace Transparency Act providing certain protections concerning sexual harassment in the workplace and imposing significant new obligations on Illinois Employers. This Bill was signed into law by Governor Pritzker in June 2019 and the provision of the new bill become effective January 1, 2020.

Landmark Decision Defines Cause Of Action For "Negligent Supervision" Of Employees, Personal Liability For Supervisors

On May 23, 2019 the Illinois Supreme Court ruled, in Jane Doe v. Chad Coe et al. - a case of first impression for the court - what elements are necessary to pursue a lawsuit for "negligent supervision" of an employee. Most state courts recognize claims against employers for negligence regarding their employees who harm others, and Illinois is no exception. "Negligent hiring" generally involves hiring an employee who foreseeably would harm someone, who in fact does go on to harm someone (e.g. hiring an individual to work at a day-care who is known, or through a reasonable background check should have been known, was a convicted pedophile who poses a risk to children, if the employee later molests a child). Conversely, a claim of "negligent retention" may exist where an employer fails to discharge an employee known (or who reasonably should have been known) to present a foreseeable risk to others, who then goes on to do harm. Yes, that's right - employers sometimes have a legal duty to fire an employee! The recent Coe case involved claims for both negligent hiring and negligent retention, but also a claim for "negligent supervision." As the name suggests, a claim for negligent supervision involves an employer's failure to properly supervise employee(s) to avoid foreseeable risks of harm to others. While the Illinois Supreme Court had previously recognized the existence of a claim for negligent supervision, it had not addressed what elements are required to pursue such a claim. In doing so the court paved a relatively easy path for plaintiffs to sue not only employers for negligent supervision, but also individuals who direct and control workers. Employers, owners, managers and front-line supervisors in Illinois will want to take notice of this important decision and pay particular attention to the kinds of specific responsibilities expected of them (perhaps even doing a "Google search" on some applicants).

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.

Office Locations

140 S. Dearborn Street
Suite 404
Chicago, IL 60603

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

1860 Executive Drive
Suite E-1
Oconomowoc, WI 53066

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

8009 34th Avenue South
Suite 185
Minneapolis, MN 55425

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