The working relationship between an employer and its employees is complicated, there is a special bond of trust in an employment relationship on both sides. However, when one party crosses the line, breaks that bond of trust, the employment relationship is forever altered.
The employment landscape is guided by many complex laws and regulations which involve legal issues as diverse as discrimination, wage and hour issues, wrongful termination, exit strategies and severance arrangements, trade secrets, restrictive covenants and unemployment compensation just to name a few.
The wrong step can have disastrous consequences.
The education, experience, and results, displays that the Law Office of Dan Caldieraro has unique insights that allows us to give better advice to our clients about the strengths and weaknesses of their cases and practical considerations in going forward with an employment law claim.
We can guide you through this matrix of employment law. We have represented clients before many governmental agencies including the EEOC, Illinois Department of Human Rights, Illinois Human Rights Commission, Illinois Department of Labor, Illinois Department of Employment Security, OSHA, as well as State and Federal Courts.
In addition to responding after the damage has been done, we have developed a proactive approach involving early counseling and HR Audits to expose problem areas before they become major liability concerns. We have developed many types of Employment Handbooks to assist in defining reasonable company policies and procedures to ensure compliance with federal, state, and local rules and regulations.
Employment Law for Employers:
The Law Office of Dan Caldieraro will help you protect your company and lower the risk of costly litigation. To be successful, a company must not only understand its business but it must also understand how to successfully navigate employment relationships. A poorly managed employment relationship can be extremely costly in terms of both productivity and liability. We help our business clients avoid problems, grow their business and minimize the risk of litigation. As your employment law advocate, we assist employers in areas such as hiring, firing, performance management and corrective action, compensation setting, ranges and banding, job descriptions, promotions, and reductions in force. We also deliver individualized training and can develop mentoring programs to advance your high potential employees so you can build depth and succession planning. If you are just starting up your business, or are moving at a pace where infrastructure may have taken a back seat to growth, we can advise you and implement effective policies and procedures.
In most cases, an employer can greatly minimize losses by taking the right steps during an internal investigation following an employee complaint. We have developed specialized auditing tools and training programs to assist you in these areas. It is important to act quickly once an employer learns of an incident that may give rise to an employment claim. We are prepared to help day or night.
Employment Law for Employees:
Our represents employees in disputes with their employers. Many of our clients come to us because they’ve had a particularly troubling experience at work unlike any they’ve had before. Some workplace behaviors are so outside the norm that they are prohibited by law. We work with clients who have experienced discrimination, sexual harassment, retaliation, denial of fair or promised compensation, denial of reasonable accommodations or family and medical leave, or wrongful termination. For these situations, we aggressively pursue your rights, provide clarity on the facts and law and a comprehensive plan for resolution of the problem.
We help employees in matters involving:
•Family Medical Leave / Disability Discrimination: The FMLA provides certain employees with up to 12 weeks of unpaid leave to be used to care for their own serious health condition, or for the care of an immediate family member who suffers from a serious health condition, for the birth and care of a newborn child, or the placement of a child for adoption or foster care. People living with disabilities are often protected against discrimination in the workplace if they can perform the essential functions of their position, with or without a reasonable accommodation.
•Whistleblower Retaliation: Individuals who speak out against, refuse to participate in, or report their employers for illegal activities are often afforded protection from retaliation. If you are concerned about illegal activity in your workplace, we can help you determine whether you are legally protected from retaliation and decide what action to take. If you have already suffered retaliation for blowing the whistle, we can help you collect the damages you deserve.
•Wage Disputes, Overtime and Nonpayment of Wages: Using proven strategies, we can assist you in recovering money owed for hours worked, or unpaid overtime pay. We represent individuals who have wage concerns regarding nonpayment for “off the clock” work, mislabeling employees as independent contractors, failing to pay wages due, and denying overtime pay.
•Mislabeling, Misclassification, & Contractor Rights: As the landscape of the modern employer-employee relationship changes, more and more people engage in non-traditional roles in the workplace. The Internet has allowed existing businesses to outsource tasks that were once performed in-house and has given workers more and more flexibility as to where and when they perform duties. As a result, the line between whether a worker is an employee or an independent contractor has become more blurred than it has been in the past. Many contractors have been taken advantage of in the name of company profit.
•Sexual harassment: If you have been placed in sexually compromising situations in the work place, we can leverage our experience working on each side of sexual harassment cases to help protect your legal rights. Seeking damages for hostile work environment, unlawful termination or illegal promotion practices, we work diligently to help get you results.
•Wrongful termination: Although it is often illegal for an employer to fire someone out of retaliation or because of discrimination, the employer does not necessarily need a “good” reason to fire someone. If you were fired because of your race, sex or religion, we may be able to help you build a powerful wrongful termination case against your employer.
•Employment and severance contracts: Contacts are an important part of any employment agreement. Whether you are an employee or employer, carefully drafting the terms of your employment or severance can help ensure your rights are protected regardless of what direction your working relationship takes.