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practices
Employment

Spotting employment issues, avoiding business problems

Collaborating closely with business owners, human resources staff and managers, we help employers of all sizes to address day-to-day issues with employees, prevent and minimize costly claims and nurture healthy workplaces.

Overview

Helping managers sort big issues from small,the Chuhak & Tecson Employment Team works with family and closely held companies on day-to-day workplace challenges as well as the long-range questions that arise for growing businesses. Many of the employers we work with have no in-house legal counsel, so in addition to handling strategic issues and preventing and resolving employment disputes, we are just a phone call away – right there with you – to address the myriad employee concerns which arise every day. We know that our clients face risks of many types, and we develop strategies to protect your interests, which both comply with laws and regulations and are appropriate to your size and type of business.

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Employment Services

Employment contracts and separation agreements

Helping employers navigate the employment relationship. Although Illinois is an at-will employment state, some employment relationships are governed by employment contracts. The Chuhak & Tecson Employment Team is experienced in drafting and interpreting those contracts and counseling employers on protecting their rights.

Separation agreements. In today’s uncertain economy, many businesses face the difficult task of reducing their staff. Our experienced employment attorneys counsel and advise employers as they wade through these uncertainties. With a careful eye on state and federal regulations and an understanding of business communities, we help employers prepare and negotiate separation packages with employees.

FLSA, Wage and Hour, and Wage Act

Avoiding wage and hour claims whenever possible, defending you when necessary. Federal and state laws govern aspects of the pay components of the employment relationship. Whether an employee is entitled to overtime pay depends upon whether the employee meets the salary basis and job duties test under applicable regulations. If an employer fails to properly classify an employee, it can be subject to significant penalties and having to pay its own and its employees’ attorneys’ fees and costs and liquidated damages.

Our employment attorneys:

  • Help employers properly classify employees as hourly or salaried to prospectively safeguard from claims under the Fair Labor Standards Act (FLSA), the Illinois Wage Payment and Collection Act and the Illinois Minimum Wage Law.
  • Advise employers on using independent contractors.
  • Defend employers against wage and hour claims, including class actions.
Discrimination, harassment, reasonable accommodations and retaliation

Steering businesses away from pitfalls, toward best practices. We know what employment issues keep leaders at family-owned and closely held businesses up at night, and the Chuhak & Tecson Employment Team:

  • Counsels employers on providing reasonable accommodations for employees and avoiding discrimination, harassment and retaliation claims.
  • Advises employers on compliance with local, state and federal laws and regulations, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA) and the Family Medical Leave Act (FMLA), among others.
  • Helps employers conduct and manage internal investigations of harassment and discrimination claims and claims of workplace retaliation.
  • Defends employers against harassment and discrimination claims based on membership in all protected classes, including age, disability, marital status, national origin, race, sex, sexual orientation, veteran status and other classifications protected under federal, state and local law.
  • Represents employers before regulatory agencies, including the U.S. Equal Employment Opportunity Commission (EEOC), the Illinois Department of Human Rights (IDHR), the Illinois Department of Labor (IDOL) and other local, state and federal agencies.
Non-compete, non-solicitation, confidentiality and trade secrets

Protecting trade secrets and proprietary and confidential information. One of the most hotly litigated areas in employment relationships is the enforcement of post-employment restrictive covenants. Employers seek to protect their confidential and proprietary information and employees seek freedom to change employers. Our employment attorneys:

  • Advise employers on policies, procedures and contracts to protect their proprietary information, including drafting restrictions in compliance with the Illinois Freedom to Work Act.
  • Help employers and pursue all appropriate remedies for redress against employees who breach non-compete and confidentiality agreements.
  • Counsel employers on minimizing the damage and retrieving and preserving proprietary information by whatever means appropriate.

Resolving these conflicts requires careful attention to the specific circumstances, and our seasoned employment attorneys advise on which remedies are best suited for various situations.

Employment policies and employee handbooks

Developing policies and handbooks to manage risk and promote healthy employment relationships. Communication is key to any successful business relationship, and employment relationships are no exception. Our Employment Team:

  • Provides counsel on establishing policies and procedures to ensure compliance with federal, state and local regulations to promote safe and productive workplaces and nurture employee engagement and productivity.
  • Audits employer policies and procedures to ensure they are compliant with local, state and federal law.
  • Advises on the drafting and revision of employee handbooks to ensure regulatory compliance and to communicate your business philosophy and development.

Corporate

The challenges and pressures of running a successful business of any size never stop, nor do you. We understand your world because we work with leaders like you, often as outside general counsel. Legal issues can make the challenges more daunting to manage and distract you from what you do best. That’s why we are right there with you to focus on what really matters, clarify the complex, solve problems efficiently and turn legal counsel into business advantage.

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Financial Services

The Financial Services attorneys at Chuhak & Tecson are among the most knowledgeable in Chicago, making us the law firm of choice for more than 80 nationally and state-chartered banks as well as other institutional lenders, credit unions, leasing companies, insurers, finance companies, hedge funds, private equity entities and other private credit lenders.

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Health Law

Representing a broad spectrum of clients in the healthcare sector, our attorneys have a unique ability to recognize what a client needs and make it happen. From regulatory compliance, managed care and medical staff affairs, to mergers, corporate structure, contracting and other issues unique to the healthcare field, we are right there with you.

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Litigation

When litigation becomes necessary, clients need to know they are in the hands of experienced professionals committed to achieving the best possible outcome in every situation. With our extensive experience before state and federal trial and appellate courts, as well as administrative bodies, Chuhak & Tecson litigators are right there with you – bringing the skills and knowledge necessary to identify and pursue the most efficient path to successful resolution and achievement of client objectives.

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