Goldman & Ehrlich Goldman & Ehrlich 2026-07-09T14:23:35Z https://www.goldmanehrlich.com/feed/atom/ WordPress /wp-content/uploads/sites/1503307/2022/11/cropped-site-icon-32x32.png On Behalf of Goldman & Ehrlich <![CDATA[Can employment contracts stonewall entrepreneurship?]]> https://www.goldmanehrlich.com/?p=48088 2026-07-09T14:23:35Z 2026-07-09T14:23:35Z Contract details determine the risk In some cases, starting a new business after leaving a position at a company could be a clear violation of a noncompete agreement. Specific details, including the location of the employer and the location of the new business, as well as the function of the former employer’s company and the plan for the new company, can influence whether or not restrictive covenants might impact the ability of an individual to start a new company. Generally speaking, employees have to receive appropriate salaries for noncompete agreements to be enforceable contract inclusions. Additionally, the noncompete agreement must have appropriate limitations worked into its terms, including applying to a limited geographic area and only being enforceable for a set amount of time. Those planning to start a new business may be able to transition gracefully without risk of legal controversy if they review existing agreements carefully before taking any major steps. Discussing a noncompete agreement included in an employment contract with a legal professional can help people evaluate their options. Legal guidance makes it easier to adhere to any valid contractual restrictions that could affect future business opportunities.]]> On Behalf of Goldman & Ehrlich <![CDATA[Can employers fire workers who act as whistleblowers?]]> https://www.goldmanehrlich.com/?p=48087 2026-06-24T18:47:21Z 2026-06-24T18:47:21Z The law prohibits retaliation Whistleblowing activities have protection under federal statutes. Employers should not penalize workers for reporting concerns internally, alerting regulatory agencies or filing qui tam lawsuits. In theory, whistleblower should retain their jobs, and their employers should not consider their whistleblowing activities when making decisions about employee retention or promotions. Unfortunately, illegal retaliation does occur. Businesses may terminate, demote or unfavorably transfer whistleblowers as a punishment. Their actions can have a chilling effect on others considering whistleblowing activities. Those concerned about potential retaliation can document issues before they act as whistleblowers and preserve communications with their employers about any retaliation that occurs afterward. With the support of a lawyer, whistleblowers who experience retaliation may be able to file wrongful termination lawsuits and hold companies accountable. Understanding how the law protects whistleblowers is the first step toward making use of those legal rights. An attorney's guidance is important before whistleblowing, while communicating with employers or regulatory agencies and when responding to retaliatory employer actions.]]> On Behalf of Goldman & Ehrlich <![CDATA[Resigning in protest can harm your workplace discrimination case]]> https://www.goldmanehrlich.com/?p=48086 2026-06-16T02:57:01Z 2026-06-16T02:57:01Z how you respond or handle the situation matters. Here’s how a premature resignation can undermine your case.

Your resignation doesn’t speak for itself

It’s a common mistake to assume that leaving the job to escape discrimination or other wrongful treatment automatically strengthens your position or makes the wrongdoing easier to prove. Courts don't automatically see resignation as evidence of discrimination. In fact, they often interpret it as evidence that someone chose to leave, which is legally very different from being forced out. When you voluntarily resign, the burden shifts. You now have to prove that your employer deliberately created conditions so intolerable that any reasonable person would have felt compelled to quit. It’s a high legal threshold, and simply showing that your workplace was unpleasant, stressful or hostile at times may not be enough.

You might disrupt your evidence trail

Discrimination cases are rarely decided based on a single incident. They are evaluated based on patterns, escalation and how the employer responded over time. An early resignation can cut that evidentiary record short. There may be fewer written complaints, fewer documented HR interactions and fewer opportunities for the employer to respond, which can weaken your claim.

Protecting your position before making a final decision

Leaving a discriminatory workplace may ultimately be necessary for your well-being, but the legal implications of when and how you resign are significant. Before taking that step, it is important to understand how your decision may be interpreted later and whether additional steps could strengthen your position. Seeking early legal guidance can help you take informed action and safeguard your interests as a victim of workplace discrimination.]]> On Behalf of Goldman & Ehrlich <![CDATA[How company dress codes may contribute to racial discrimination]]> https://www.goldmanehrlich.com/?p=48085 2026-06-03T17:36:23Z 2026-06-03T17:36:23Z Policies may affect one group disproportionately Historically, European business clothing and hairstyles that suit white hair textures have dominated the professional landscape. As such, appearance policies may include terms that are unintentionally discriminatory toward certain groups of people. Illinois has taken steps to address this common issue by passing the law now known as the “Illinois Crown Act.” This law prevents employers from discriminating against those who use protective hairstyles, such as dreadlocks or braids, instead of straightening their hair to conform to Eurocentric appearance standards. There are still other appearance policies that could impact certain races more than others. No-beard policies can also potentially be discriminatory, as men with darker complexions often have a greater risk of razor burn, for example. If a policy affects one group more than others, there may be reason to question whether it leads to indirect racial discrimination. Reviewing company policies and the impact they have on workers with a skilled legal team can help people take action to fight workplace discrimination. Even unintentional or indirect racial discrimination can affect employment opportunities and may require legal action from workers to improve company practices.]]> On Behalf of Goldman & Ehrlich <![CDATA[How severance agreements may affect your legal rights]]> https://www.goldmanehrlich.com/?p=48083 2026-05-20T15:08:02Z 2026-05-20T15:08:02Z Losing a job can be stressful and emotional. You feel like the rug has been pulled out from under your feet as you worry about how you’re going to keep a roof over your head and food on the table.  If your employer offers you a severance agreement, it can feel like a lifeline while you’re trying to determine your next few steps. But you may want to take the time to review the severance package thoroughly. Many employees assume that it’s simply financial assistance during a transition period. However, these agreements often contain important legal terms that can affect an employee’s rights.

What is a severance agreement?

A severance agreement is a contract between an employer and an employee that may be offered when employment ends. Severance packages can include:
  • Lump-sum payments
  • Continued salary for a period of time
  • Extended health insurance coverage
  • Payment for unused paid time off
But, in exchange for compensation or benefits, the employee may need to agree to certain conditions requested by the employer. One of those conditions may be giving up the right to file legal claims against the employer. By signing the agreement, the employee may waive claims involving:
  • Wrongful termination
  • Workplace discrimination
  • Harassment
  • Retaliation
  • Wage and hour disputes
In many situations, the employee won’t be able to pursue compensation through a lawsuit later once they’ve waived those rights. Severance agreements often contain confidentiality or non-disparagement provisions. These conditions can restrict what an employee can say about the employer or the circumstances surrounding their departure. They may be prohibited from discussing the amount of severance paid or stating any negative opinions about the company.  Employers often give employees limited time to review the severance agreement. They may pressure the employee to sign quickly, especially during layoffs or restructuring. It’s important to note that older workers may have additional review periods under the Older Workers Benefit Protection Act. But rushing into an agreement can have long-term consequences. Severance agreements are often written to protect the employer’s interests. A legal representative can review the package and determine whether the compensation is reasonable, which claims may be waived and whether additional negotiation is possible. In some situations, it may be possible to negotiate better terms before signing.  ]]> On Behalf of Goldman & Ehrlich <![CDATA[Can women “climb above” sexual harassment in the workplace?]]> https://www.goldmanehrlich.com/?p=48081 2026-05-06T22:49:49Z 2026-05-06T22:49:49Z “If only I had more seniority, I might never again have to put up with sexual harassment from others at work.” As a woman, you might think that working your way up the company's ladder could put you out of reach of such behavior. Is there any validity to this reasoning?

Studies show that sexual harassment could actually increase

While getting a promotion might prevent some people from harassing you, through fear of the consequences you could bring upon them, one study found that sexual harassment often increases as women make their way up the career ladder. 

More people know who you are

Let’s say ten men in a particular workplace may be inclined to sexually harass a woman. If they never come across you during your time there, you may escape their attention. The moment you start moving up the ranks, the more likely it becomes that they learn you exist. So, in part, the problem that higher-ranking women face is that they are more visible to those who might commit such acts.

More people may feel threatened by you

Some men have major difficulties being further down the ranks than a woman. Even if that woman is vastly more experienced and skilled than they are, their misogynistic thinking means that they cannot accept being under her command. Men who are already higher up in the company may also feel challenged by a woman who is working her way up toward them. They may have spent years as part of an all-male hierarchy and not want to see that change, or perhaps realize that she may well rise above them in the future. So they turn to sexual harassment as a way to entrench their higher status and keep her down. While men can be victims and same-sex sexual harassment is also a reality, more often than not, it is something men do to women. Working your way up the company won’t protect you from it. Getting some legal weight behind you is often the best way to protect yourself and others from it.]]> On Behalf of Goldman & Ehrlich <![CDATA[First steps to take as an employee facing sexual harassment]]> https://www.goldmanehrlich.com/?p=48080 2026-04-21T16:07:55Z 2026-04-21T16:07:55Z Facing sexual harassment at work can be distressing and confusing, and may affect your confidence, safety and ability to perform your duties comfortably. Understanding your rights and taking early action can help you regain control of the situation. Knowing what steps to follow allows you to protect yourself while preparing for any formal process.

Recognize and understand the behavior

The first step is to identify whether the conduct is inappropriate and unwelcome. Sexual harassment can include comments, jokes, gestures or physical actions that create discomfort or a hostile environment. It is important to trust your instincts, and if the behavior makes you feel unsafe or interferes with your work, it may qualify as harassment and should not be ignored.

Document every incident carefully

Keeping accurate records is essential. Ensure you write down dates, times, locations and details of each incident as soon as possible. Also, save any messages, emails or other communications that support your experience. 

Review workplace policies and procedures

Most workplaces have policies that address harassment and outline how to report concerns. Reviewing these guidelines can help you understand the proper steps within your organization. Knowing the process also ensures that your report is handled correctly and increases the chance of a timely response.

Report the issue through proper channels

If you feel safe doing so, report the behavior to a supervisor or the human resources department and provide clear details will help initiate an investigation. In situations where internal reporting feels unsafe, external reporting options may be available through relevant authorities. Acting promptly helps protect your rights.

Final thoughts

Sexual harassment in the workplace should never be tolerated. Taking early and informed steps can help you address the issue and protect your professional environment. Seeking reliable legal guidance can help you understand your options, ensure your rights are respected and support you in moving forward with confidence.]]> On Behalf of Goldman & Ehrlich <![CDATA[Can employers fire workers for discussing their wages?]]> https://www.goldmanehrlich.com/?p=48079 2026-04-06T10:18:28Z 2026-04-06T10:18:28Z Discussing wages is a protected activity Companies often warn employees that they cannot discuss their pay with one another or discuss the details of their employment with outside parties. Although employers may want to limit wage discussions, the most they can realistically do is discourage those conversations. Even if the company has a formal policy or provides training advising workers not to discuss their pay, doing so is a protected right. The right to discuss compensation is critical to the ability of workers to organize. Employers cannot retaliate against workers who discuss their wages or otherwise assert their employment rights. Professionals who lose their jobs because they’ve discussed their pay may be able to claim that they experienced unlawful retaliation. Reviewing their situation with a wrongful termination lawyer could help workers understand if they have experienced a violation of their rights.]]> On Behalf of Goldman & Ehrlich <![CDATA[What should you know about pay periods in Illinois?]]> https://www.goldmanehrlich.com/?p=48078 2026-03-18T12:23:48Z 2026-03-18T12:23:48Z Illinois employers are required to follow very specific laws when it comes to how pay periods and paychecks are handled. These rules are outlined in the Illinois Wage Payment and Collection Act, which sets minimum standards for the frequency and timing of employee pay.  In almost all cases, employers must pay their employees at least semi-monthly. This means that wages must be paid more than twice per month. It’s important that workers receive their compensation on a regular and predictable schedule so they don’t have long delays between paychecks. 

Final paychecks are also covered

Another facet of Illinois law is that it requires that an employer must pay an employee their final check no later than the next scheduled payday. It doesn’t matter why the employee’s employment ended. This helps to ensure that employees aren’t left waiting for an unspecified period after they leave an employer. There are some exceptions to these laws. For example, people who are paid on a commission basis may have different schedules. Commission payments are made based on the terms of the employment agreement, but must still be paid within a reasonable time after the commission is earned.  Disputes related to employee pay are often centered around inconsistent schedules or misunderstanding commission payment requirements. Employers should have clear policies and recordkeeping practices to ensure employees are paid as required.  Employees who aren’t paid within the requirements of applicable laws may decide to take legal action. Working with someone familiar with these matters may be helpful for employees who are facing this type of challenging situation. ]]> On Behalf of Goldman & Ehrlich <![CDATA[What to know about age discrimination at work]]> https://www.goldmanehrlich.com/?p=48077 2026-03-03T14:16:45Z 2026-03-03T14:16:45Z Age discrimination is common in the workplace. A significant percentage of workers have reported that they have experienced or witnessed unfair treatment at work based on age.  This type of discrimination can limit career opportunities, reduce job satisfaction, increase stress and force premature job exits. Here is what to know about it:

Who is targeted?

Older employees are primarily affected by age discrimination at work. The U.S Equal Employment Opportunity Commission (EEOC) forbids discrimination against workers who are age 40 or older. This legal protection is also implemented by the Illinois Department of Human Rights (IDHR)  and the Chicago Human Rights Ordinance. An employee who is unfavorably treated because they are 40 years or older can file a complaint against the harasser, who can be their employer or supervisor. One can also have a basis for a case when a harasser is their co-worker, but their employer failed to stop the harassment after reporting it.  

What are the common signs to look for?

Age discrimination at work can be subtle or direct. Common examples include:
  • Frequent or severe offensive jokes/comments/stereotypes about age
  • Offering older workers lower pay or reducing their benefits
  • Consistently overlooking older workers while favoring younger ones for promotions 
  • Excluding older employees from training, social events, team-building activities or high-profile projects
  • Transferring them to less desirable locations or departments
  • Holding older workers to higher, often unfair, performance standards compared to their younger colleagues
  • Pressuring them to retire by making the work environment hostile or giving incentives for early retirement without the employees voluntarily requesting 
If you experience any of these treatments or more, it’s important to document the incident and report it internally. It’s unlawful to discrminate agianst an employee because of their age. If you have experienced age discrimination at work, get more information about how you can handle the situation effectively. ]]>