Non-compete agreements (NCAs) are very common in this day and age, especially in specific fields that are at the leading edge of technology, but also throughout business in general.  There are a number of prevailing myths about NCAs.  One myth is that NCAs can be fairly far-reaching and restrictive.  At the same time, another myth is that they are not typically enforceable.  The truth is that NCAs are enforceable, but the more far-reaching and restrictive an NCA is, the less likely a court will deem it enforceable.  Still, NCAs can be powerful tools in protecting your business, your customers, and your proprietary information.

Illinois Trends

While Illinois does not have a general statute that regulates the creation of NCAs, common-law precedent establishes the two major trends that Illinois courts continue to follow in regulating NCAs. Generally, the state tends to disfavor NCAs because they are restraints upon trade, which is against public policy.  In order to be enforceable, a court must find that a legitimate business interest exists worthy of protection to support an NCA, rather than a mere desire to hamstring a potential competitor or former employee.

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 The state of Illinois is an at-will employment state. Essentially, this means that under state law, an employer is not required to have a good reason for firing an employee. Thankfully, state and federal laws protect workers from being fired for bad reasons, such as in the case of a discriminatory termination. Protected Rights under State or Federal Law Under state and federal law, an employer may not fire you based upon your race, color, religious preferences, pregnancy status, gender, age, national origin, marital status, sexual orientation, order of protection status, or genetic information. Moreover, there are certain protections for individuals with disabilities, an unfavorable military discharge, or an arrest record. Those who believe they may have been fired under such pretenses may be able to file a wrongful termination claim. Filing a Wrongful Termination Claim Depending upon which law was violated, you will most likely need to file your wrongful termination claim with either the Illinois Department of Human Rights (“IDHR”) or the U.S. Equal Employment Opportunity Commission (“EEOC”).  In most cases, charges of wrongful discriminatory termination will need to be filed in person, at the IDHR or EEOC location nearest you. Alternatively, you may be able to file by mail or telephone. Be aware, however, that both state and federal regulations impose strict statutes of limitations that determine how long you have to file after the discriminatory incident takes place.  If you wait too long you may end up being barred from pursuing your claim. To file a claim, an employee must provide certain basic information about him or herself, as well as basic information about the employer, and then pertinent information regarding the incident and how it was discriminatory in nature.   Mailed submissions must also be signed; they will not be investigated otherwise. Difficulty Proving Discrimination in an At-Will Employment State Even in states where an employer must provide a justification for firing an employee, proving discrimination can be difficult. This challenge is only further increased in an at-will employment state because there is often little evidence regarding the reason behind your job loss. Rather than attempt to file the claim on your own, it is advised that you contact a skilled and experienced attorney to assist you in the process. At Law Office of James F. White, P.C., we understand just how stressful a wrongful termination can be. To help ease the burden and give you time to manage life, our skilled Illinois employment law attorneys can work with the state or federal agencies on your behalf to ensure your side of the story is heard and understood. Learn more about how we may be able to help with your wrongful termination claim by scheduling a free initial consultation. Call 630-466-1600 today.

Source:

http://www.eeoc.gov/employees/howtofile.cfm

Illinois’ Compassionate Use of Medical Cannabis Pilot Program Act (Act) went into effect January 2014, making Illinois the 21st state to allow the use of medical marijuana. The Act permits Illinois residents who have a qualifying medical condition, or a caregiver of an individual who has a qualifying medical condition, to register with the state for receipt of a medical marijuana card. Registration authorizes the cardholder to obtain up to 2.5 ounces of marijuana from a dispensary every 14 days. But what impact does the Act have on employers?

Employer Rights under the Illinois Medical Marijuana Pilot Program

The Act prohibits employers from discriminating or penalizing any employee due to his status as a medical marijuana card holder. However, that does not give qualifying individuals a license to come to work under the influence. Under the Act, Illinois employers are permitted to:

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Illinois business owners face numerous legal hurdles, including issues related to incorporation, taxes, health insurance and concealed carry permits. However, that does not include one of the most onerous legal hurdles of all–litigation.

Business owners can be sued for a variety of reasons. Employment discrimination is one of the most common examples. If you are a business with at least 15 employees in Illinois, a public contractor or a state agency, then you could become the subject of an employment discrimination lawsuit. Specifically, the law prohibits employers from discriminating against any individual because of:

• Race or color;
• Religion;
• Sex or sexual orientation;
• National origin, ancestry, citizenship status or language;
• Age (40 and older);
• Order of protection status;
• Marital status or pregnancy;
• Physical or mental disability;
• Military status or unfavorable discharge;
• Arrest record;
• Real estate transactions;
• Access to financial credit; and
• Availability of public accommodations.

Prohibited employer actions include discrimination in hiring, promotion, pay and discharge.

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