EMPLOYMENT LAW
Navigating the Law with Confidence and Clarity
Employment Law and HR Consulting
Many businesses cannot afford “biglaw” firms or do not have their own human resources departments. But human resources management and employment law compliance are vital to an effective work atmosphere and culture. Hobfoll Law can assist you in obtaining information and expert advice about best practices and legal compliance related to the entire lifecycle of employment, including: recruiting, interviewing, hiring, employment contracts, employee development, compensation, benefits, and pay practices, vacation and leaves of absence, counseling and disciplinary matters, and termination. Having an employment law professional to help guide you will only improve a company’s practices and strengthen its relationships with employees.
Discrimination & Hostile Work Environment
Discrimination, or unequal treatment, on the basis of race, gender, sexual orientation, national origin, pregnancy, religion, disability, or age (protected classes), can arise in hiring, conditions of employment, compensation, promotion, discipline, or termination. A hostile work environment stems from the severe, pervasive, and unwelcome conduct of supervisors, co-workers, other employees, or third parties, interacting in the workplace, who offend, harass, abuse, or intimidate employees on the basis of a protected class. State and Federal laws prohibit this conduct in the workplace.
Sexual Harassment
Employers have a duty to provide employees with a safe work environment. Sexual harassment in the workplace can be devastating to an individual and disrupt the workplace. Some forms of sexual harassment may include: implicitly or explicitly conditioning employment, or employment benefits, upon sexual favors, unwelcome and offensive physical contact or sexual advances, threats, demeaning, vulgar or suggestive language, offensive images, assaults, or other forms of grievous conduct directed at a person because of their sex.
Disability, Pregnancy, and Breastfeeding Rights
Pregnant employees, or those with physical or mental health challenges, have certain workplace protections and rights. Many employers are required to work with employees, and sometimes their doctors, to figure out whether there is a way for a pregnant or disabled employee to continue to perform their jobs while pregnant or disabled; even with restrictions. Employers may be required to provide break time and space to pump breast milk after child birth.
Retaliation, Whistleblower, & Wrongful Termination
Employers cannot terminate, or take other adverse action against, employees, in response to an employee’s good-faith complaints of wrongdoing, or illegal activity, at work. Employees may have questions about how and where to report this kind of activity and employers should be prepared to proactively respond to such complaints. An individual’s employment may be protected if they complain to management, the police, or governmental agencies.
Absence from Work
There are many different local, state, and federal laws that protect employees when they need to take time off of work. Employers may be required to provide paid or unpaid time off, and protect your employment status, when employees need or desire to take leave from work. Some common situations that may require protected leave include: serious health conditions of employees or their family members, abusive relationships, bereavement, jury duty, voting, military duty, pregnancy, and birth or adoption.
Compensation, Wages, & Overtime
Employers are obligated to comply with a wide range of ever-changing compensation and wage protection laws. Navigating compliance and understanding your legal protections requires an experienced partner with a depth of knowledge about lawful compensation arrangements pertaining to pay practices, minimum wage, salaries, commissions, overtime, exemption requirements, paid-time-off, bonuses, and other benefits.
Administrative Agencies
Aggrieved employees often bring charges against employers in state or federal agencies such as the Department of Labor (DOL), the Illinois Department of Employment Security (IDES), the Illinois Department of Human Rights (IDHR), and the Equal Employment Opportunity Commission (EEOC). Businesses and individuals need experienced legal counsel to guide them through proceedings, collect and preserve information, and formulate responses. You may not be required to have an attorney, but skilled legal representation and counseling can be an invaluable and supportive asset to you through an agency investigation process.
Employee Handbooks
An Employee Handbook lays the groundwork for how the office runs from day to day. If a business does not have an Employee Handbook, or if an Employee Handbook is not up to date, a business may be running inefficiently and may be at risk for costly employee relations issues. A well-written handbook is a valuable communication resource that can help manage legal compliance matters and the expectations of your employees.
Employment Contracts
Business and individuals need to know their rights, protect themselves and their legitimate interests when they enter into employment contracts. These contracts are critical tools in the workplace and this area of the law is always changing. Whether your concerns relate to offer letters, compensation, termination, NDAs or confidentiality, trade secrets, independent contractor agreements, equity or stock grants, employee benefits, non-competition, non-solicitation, or severance, you need an experienced attorney to help you draft reasonable and enforceable terms.
Workplace Training
Employee training programs are key in developing a high performance organization and some training may be mandatory. In light of quickly evolving laws governing the workplace, effective training is one of the most highly demanded professional services. Merely having a written anti-discrimination or anti-harassment policy is not enough to mitigate risk: a training program that compliments and explains the law, your workplace policies, and business expectations is necessary to reduce your exposure.