How To Respond To An Employment-Related Lawsuit As An Employer In Illinois

In this article, you can discover…

• The types of employment-related lawsuits that are most common.
• What an employer should do immediately after being served with an employment lawsuit.
• How long employers have to respond to a workplace discrimination claim.

What Types Of Employment-Related Lawsuits Are Most Common In Illinois?

The three most common employment-related lawsuits in Illinois typically involve wage and hour disputes, workplace discrimination, and violations of restrictive covenants.

The first and most common of the three are wage and overtime claims. These involve employees alleging that they weren’t paid for all the hours they worked or that they weren’t paid the proper overtime rate as required by law.

The second category involves a wide range of discrimination claims. These might involve failure to accommodate a medical condition or disability, or claims of discrimination based on race, sex, or sexual orientation. We encounter numerous cases like this across various industries.

Finally, the third most common type occurs when an employee leaves one job and takes a new position that allegedly violates a prior non-disclosure agreement, non-compete clause, or similar restriction. In such situations, the former employer may sue both the employee and, in some cases, the new employer, too.

What Should An Employer Do First After Being Served With An Employment Lawsuit?

The first thing you should do as an employer is to take a deep breath. The last thing you want to do is respond impulsively. Once you’ve identified the employee involved and taken a few minutes to review the personnel file, you should contact your attorney right away.

Your attorney will need time to gather as much information as possible on the background and circumstances of the claim. This includes reviewing the employee’s personnel file, any emails or communications related to the issue, and potentially any prior disciplinary actions involving said employee.

Once all the relevant documentation has been collected, your attorney will sit down with you and go through everything step by step. From there, they’ll work with you to craft a thoughtful, strategic response that protects your interests and complies with the law.

Craig Donnelly is the founding attorney of Donnelly Law LLC. For years, he has partnered closely with business owners in Illinois, listening to their goals and helping them navigate through legal challenges. With his extensive knowledge of business law, he will work diligently to protect your rights and empower your business to thrive.

Do you have any additional questions? Contact Donnelly Law LLC today to schedule a free initial consultation.

How Long Do Illinois Employers Have To Respond To A Workplace Discrimination Or Harassment Claim?

The timeline for responding to a workplace discrimination or harassment claim depends on what stage the claim is currently in and which agency is involved.

Depending on the agency, the deadline can be as short as 15 days.

It’s essential to act quickly and consult with an attorney as soon as you receive notice of the claim so that important deadlines are not missed.

What Is The Difference Between A State Vs. Federal Employment Lawsuit For Illinois Businesses?

State and federal employment lawsuits in Illinois often involve similar types of claims and share overlapping legal issues. Both courts generally handle claims related to discrimination, harassment, and wages.

There may be some differences in deadlines, procedural rules, or specific statutes that apply, but frequently claims can be brought in state court or federal court. The path chosen is frequently up to the employee or their attorney, if represented by legal counsel.

How I Guide Client Responses After They Receive A Demand Letter From A Former Employee

I always emphasize the importance of caution as a virtue in these situations. I advise my clients not to respond immediately and to refrain from responding without legal counsel.

The first step is to gather all the relevant background information. This includes the employee’s personnel file, any relevant communications, and any disciplinary or performance-related records if applicable.

Once I review the full context, I assist my client in drafting a response that addresses the claims appropriately without including anything that could potentially impact them negatively later. I also ensure they respond within the required timeframe, because missing one of these deadlines could have serious consequences.

Still Have Questions? Ready To Get Started?

For more information on employment lawsuit defense in Illinois, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (630) 608-2124 today.