Protecting Employers Since 1985

The Ten Most Common Questions Illinois Employers Ask About the Use of Severance and Release Agreements for Terminations

By Nancy E. Joerg / January 26, 2021

Employers often like to use Severance and Release Agreements when terminating employees because this process brings closure to what could be a potentially litigious situation. A Severance and Release Agreement is a contractual exchange between the two parties: the employer and the employee who is being let go. The employer gives the employee severance (money…

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Artificial Intelligence Video Interview Act – What This Means For You

By Walter J. Liszka / January 25, 2020

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…

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

By Anthony J. Caruso Jr. / January 24, 2020

Effective January 1, 2020, the Illinois Human Rights Act has been amended regarding the use of arrest records by employers. Unless otherwise authorized by law, it is a civil rights violation under the Illinois Human Rights Act to use arrest records in employment decisions. Covered entities: Any employer, employment agency or labor organization as defined…

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

By Nancy E. Joerg / January 3, 2020

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…

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

By Nancy E. Joerg / November 19, 2019

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. One of these new Illinois laws, the Workplace Transparency Act, places certain strict legal requirements on Illinois employers in the use of Severance and Release Agreements. 21 DAYS TO…

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

By Nancy E. Joerg / August 28, 2019

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…

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Illinois Adopts Salary History Inquiry Ban

By Jennifer Adams Murphy / August 6, 2019

◊The Impact On Your Business Practices ◊ Governor Pritzker signed House Bill 834 last week which amends the Illinois Equal Pay Act to prohibit Illinois employers from seeking an applicant’s compensation history as a condition of employment. The Bill also prohibits an employer from requiring employees to sign agreements which would prevent them from disclosing…

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

By James B. Sherman / May 23, 2019

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…

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

By Nancy E. Joerg / October 10, 2018

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…

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Expunged Conviction Not A “Conviction” Under WFEA

By Alan E. Seneczko / March 20, 2018

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…

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