Comprehensive Employment Law Counsel And Representation

At Huck Bouma, experienced employment law attorneys represent employers and executives at companies of all sizes, from startups to national corporations, in a wide range of industries. Services include both counseling and litigation. Legal issues of concern to clients include:

• Employee handbooks and training
• Noncompete agreements
• Litigation over employment law disputes

Lawyers at the firm provide counseling and guidance to employers to avoid litigation and ensure compliance with federal and state legal requirements. With more than 90 combined years of employment, the attorneys apply a wealth of knowledge and experience for the sake of meeting each client’s objectives.

Employment Policies, Employee Agreements, Handbooks And Training

Huck Bouma provides guidance to employers in drafting and formalizing employment and severance agreements. Employment contracts apply to all types of employees, from executives to entry-level workers as well as contract workers. Attorneys at the firm counsel employers on communicating and applying policies to decrease the risk of litigation.

When employees come on board, they need a clear understanding of policies and procedures regarding their employment and benefits. Attorneys at Huck Bouma help companies of many sizes and varieties create handbooks, and review and revise outdated employee handbooks to ensure compliance with current law.

Members of the employment law team at Huck Bouma routinely draft employment and severance agreements and provide training to management on a variety of employment and management issues. Attorneys also review and negotiate employment agreements for executive-level employees.

Noncompete Agreements And Trade Secrets

Attorneys at the firm assist companies and solo employers in the drafting of confidentiality, noncompete and nonsolicitation agreements. They also:

• Help employers develop strategies to prevent trade secret misappropriation
• Advise employers on the enforceability of existing noncompete agreements
• Revise existing agreements to make them enforceable
• Represent employers as plaintiffs or defendants in litigation involving noncompete and trade secret violation claims

Attorneys routinely appear in court for temporary restraining orders (TROs) and preliminary injunction proceedings related to such matters.

General Consulting Services For Employers

The employment law team at Huck Bouma provides on-site training to managers and supervisors on compliance with employment laws, employee discipline and responding to employee complaints. Clients’ topics of concern include:

• Employee discipline and termination
• Downsizing when it means a reduction in workforce numbers
• Investigation of workplace complaints
• Compliance with statutes such as the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA)
• Coordinating FMLA leave and ADA obligations
• Compliance with state and federal wage laws, such as the Fair Labor Standards Act (FLSA)

In addition to providing broad-based consulting, team members at the firm sometimes develop customized projects such as the firm’s healthcare reform presentation at the Frankfort Chamber of Commerce.

Employment Litigation

Disputes between employees and employers or between employers and government agencies sometimes arise and require efficient resolutions. Attorneys at Huck Bouma are experienced in all areas of employment litigation.

When conflicts escalate, Huck Bouma‘s attorneys routinely represent employers in federal and state courts and before federal and state commissions and agencies, such as the Equal Employment Opportunity Commission (EEOC) and Illinois Department of Human Rights (IDHR). Attorneys at the firm also handle appeals and defend employers in class actions.

Frequently Asked Questions About Illinois Employment Law

Here are answers to common questions about Illinois job agreements, executive rights and legal protections.

Are noncompete agreements strictly enforceable against executives in Illinois?

Not always. Courts enforce one only if it meets the Illinois Freedom to Work Act and has fair limits on scope, time and location. An executive title alone does not make it binding.

The Act bans noncompetes for workers earning $75,000 or less a year. That limit rises $5,000 every five years, reaching $80,000 on January 1, 2027.

The employer must give something of value in return: either two straight years of work after signing or other pay, such as a signing bonus, extra training or more paid time off. It must also tell the worker in writing to see a lawyer and allow at least 14 calendar days to read the agreement before signing.

Do executives have a legal right to a severance package in Illinois?

No. Neither Illinois nor federal law makes employers offer severance pay, no matter an employee’s rank or time on the job.

Still, most companies offer it to executives, and both sides usually work out the terms at hiring or when the job ends.

Severance usually depends on signing a separation agreement. In return for payment, the executive usually gives up claims against the company, such as age bias or wage disputes. The agreement often repeats secrecy or noncompete duties.

What qualifies as a “trade secret” under the Illinois Trade Secrets Act?

Not all private information counts. Under the Illinois Trade Secrets Act (ITSA), information is a trade secret only if it meets two tests. First, it must have business value because rivals do not widely know it. Second, the company must take sensible steps to keep it secret, such as passwords, limited server access and nondisclosure agreements (NDAs).

Illinois courts check this closely. Examples that often fall short include:

• General industry knowledge: These are the skills a worker builds over a career.
• Standard work steps: These are common methods that rarely give one company an edge.
• Easily rebuilt client lists: These are contacts anyone could find through LinkedIn searches.

It depends on the facts, like how the company made the information and how well it guarded it.

Protect Your Company’s Strengths And Vitality In All Aspects Involving Employment

Many employment law issues help determine the vitality of a business, but this area of the law does not need to overwhelm business owners or managers. With experienced employment law attorneys on call, questions can be answered and problems averted as time passes.

Huck Bouma is one of the largest firms in the Chicago suburbs and its services are in demand among a wide range of clients in and around DuPage and Kane counties. To schedule a consultation regarding any employment or business law concern, call the firm at 630-221-1755 or send an email inquiry.