COVID-19

Workers Are Quitting Their Jobs To Put Themselves First, But At What Cost?

Milena Crevar · December 30, 2021 ·

The pandemic has undoubtedly caused many people stress and is forcing them to quit their jobs to prioritize their mental health, child care, elder care or other issues. Most people that quit do not have to deal with unexpected consequences, but for some leaving their jobs without proper notice to the employer may be in violation of their written employment contract.

Currently Illinois is an “at-will employment” state which means that employers have the right to terminate an employee for no-cause and employees are free to leave at any time. However, written employment contracts still exist and are enforced in courts of law so long as they are not procedurally and substantively oppressive. For example, requiring an employee to pay large sums of money for ending an employment contract early could be seen as one-sided and oppressive.

If you are currently considering either signing or ending your employment contract here are things to consider:

Penalties for ending the contract early
Time off and sick pay
Duration of employment (start and end dates)
Termination (leaving the job with and without cause)
Policies and restrictive causes

The general rule is that the employers can recover lost profits they would have gained had the employee fulfilled their contractual obligations. Lost profits can be recovered if the profits were reasonably contemplated by both parties at the time the contract was entered into.

Before you sign the employment contract read the fine print carefully. Employment contracts are filled with legal jargon that can be confusing and sometimes misleading. Injustice can happen in many different forms and the best defense is knowing your legal rights. If you have any questions regarding your employment contract or any other specific workplace rights, please contact Milena Crevar at McKenna Storer.

OSHA – Emergency Temporary Standard Vaccination Requirements and More

Kristin Dvorsky Tauras · November 12, 2021 ·

On November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS) for the purpose of minimizing the risk of COVID-19 transmission in the workplace.

Where are the workers?

Kristin Dvorsky Tauras · November 9, 2021 ·

The help wanted signs are everywhere. What happened to all the workers?

There is not a single industry that is not affected by the lack of willing and capable earners. This issue is not just isolated to the restaurant or retail shops. It is also an issue with teachers, medical professionals, attorneys and the like.

Illinois Businesses Should Look At The Model ABA Rules For Guidance On Virtual Practice

Kristin Dvorsky Tauras · May 7, 2021 ·

More than a year has passed since businesses moved to a virtual format in the wake of the Covid-19 global pandemic. Covid-19 is still circulating and new strains, including some more virulent strains, are still a concern for much of the world. We can no longer assume that the remote work place is merely a temporary convenience. While some businesses are in the process of returning their workers to the office, for many businesses, virtual offices is here to stay. All businesses, but especially small businesses, need to explore how to keep private client information confidential. Confidentiality is important not only for state and federal compliance laws, but also to serve client needs and expectations.

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Mandatory Employee COVID-19 Vaccination Policies Receive Approval from the EEOC

Kristin Dvorsky Tauras · December 28, 2020 ·

Employers may be able to mandate that employees get a COVID-19 vaccination before returning to the workplace. The EEOC has updated its COVID-19 webpage to include a section regarding guidance on whether an employer-mandated vaccination policy would violate various federal laws. While the EEOC guidance does not directly state that mandatory vaccination policies are lawful, it addresses various other employee protection laws predicated on the notion that such a mandate is lawful. According to the EEOC, employers are required to provide a safe workplace in which “….an individual shall not pose a direct threat to the health or safety of individuals in the workplace.”

Municipal Authority and Liability During COVID-19 Pandemic

Thomas Hayes · November 2, 2020 ·

The COVID-19 pandemic has impacted our world in a variety of ways we could have never imagined. Opinions on the danger of the virus and how to deal with it also vary greatly. Perhaps the primary issue in the United States, and other countries, is how to balance public health and safety against the economic strain of mandated business shutdowns or restrictions. While the health, safety, and welfare of their constituents remains the top priority of most elected officials, pressure from the business community to help ensure its survivability has intensified during the recent coronavirus resurgence.

Businesses Face Criminal Penalties Yet Gain Protection Under Illinois Mask Rules

Kristin Dvorsky Tauras · August 26, 2020 ·

On August 11, 2020, Illinois Governor. J.B. Pritzker was successful in a second attempt to criminalize business owners who fail to enforce his mask rules. Under Illinois’ new mask rule, local police and prosecutors may impose criminal fines up to $2,500 to enforce his emergency mask order.

Employers Can Be Fined $2,500 For Failure To Enforce Mask Rules

Kristin Dvorsky Tauras · August 25, 2020 ·

COVID-19, Job Loss, Too Many Bills: Is Bankruptcy The Solution For You?

Sara Cook · July 29, 2020 ·

The first blog in a four part series about filing for a Chapter 7 or 13 bankruptcy.
By Sara E. Cook

Often when a large corporation files for bankruptcy, you will hear that it is the right business decision, it gives them a chance to right size, change direction, get rid of unprofitable businesses and on and on. There is no stigma, it is just another business decision, and often heralded as the right one. Individuals, however, often see an individual bankruptcy as a sign of their failure or inadequacy. They avoid even entertaining the idea for fear of the stigma, the perceived shame and guilt for not paying bills. But the very same conditions that afflict large corporations, afflict individuals and families trying to survive in a world of low pay, pandemic, high child care costs, medical bills, furloughs and on and on. For all the same reasons bankruptcy makes sense for a big business, it may make sense for an individual or family and it should not be a shameful or guilt filled decision.

Employers Should Have a COVID-19-Return-to-Work Plan Before Reopening

Kristin Dvorsky Tauras · May 28, 2020 ·

As more states loosen the COVID-19 Shelter in Place laws and people begin to return to previously sheltered business, it is essential that businesses have a plan for how that return to work will look and, equally important, convey relevant portions of the plan to its employees.