What Are Examples of Illinois Employment Disputes?
Employment disputes are commonplace in Illinois workplaces. Depending on the dispute, both employers and employees could suffer serious legal and financial consequences. Workplace disputes can arise from various issues, including wage and hour violations, wrongful termination, etc.
Common types of employment disputes and other legal matters include the following:
- Americans with Disabilities Act violations
- Breach of contract
- Discrimination based on protected characteristics such as race, age, gender, or sexual orientation
- Employee Retirement Income Security Act violations
- Employment contract disputes
- Fair Labor Standards Act violations
- Family and Medical Leave Act violations
- Non-compete agreements
- Retaliation
- Sexual harassment or sexual assault
- Trade secrets
- Wage and hour violations
- Wrongful discharge
When addressing an employment dispute, it is necessary to have a well-versed understanding of the applicable laws and regulations for your employment case.
What Are Different Methods for Resolving an Employment Dispute?
There are three primary methods for resolving employment disputes in Illinois: arbitration, litigation, and mediation. Each method has its benefits and downsides, and you will want to choose the proper method for each type of case.
Arbitration is a formal process in which a third party (the arbitrator) listens to both sides of the employment conflict before making a binding decision. It is typically used when employment contracts include arbitration clauses that require disputes to be resolved through this legal process.
Litigation involves resolving disputes in a court of law. A judge or jury reviews the facts in a litigation case before making a legally binding decision. Litigation should be considered the last resort when mediation or arbitration has failed, and no other suitable legal options exist. When faced with the prospect of litigation, we must strongly encourage you to retain professional legal representation.
Mediation is an alternative dispute resolution method that is more informal than arbitration but similar in many ways. The mediation process involves a neutral third party (the mediator) facilitating communication between the conflicting parties, helping them negotiate and reach common ground. Mediation is non-binding, meaning that the parties involved are not obligated to accept the outcome suggested by the mediator.
What Are the Pros and Cons of Mediation in an Employment Case?
Mediation should often be considered the first step in resolving a workplace dispute. In mediation, the mediator is usually a legal professional, sometimes an employment law attorney. When you enter mediation, it is recommended that you bring legal representation into the meetings to remind you of your rights and responsibilities throughout the process.
Benefits of mediation include confidentiality, cost savings, and a higher chance of preserving workplace relationships. Mediation is a private process, allowing employers and employees to discuss sensitive workplace issues without entering the public eye. Mediation is generally less expensive than litigation. Seeing that mediation encourages cooperation and communication, the process is considerably less adversarial than litigation, which can help preserve relationships between employers and their workers.
The one big downside of mediation is that there is no guaranteed resolution. Mediation is non-binding. It’s possible that the interested parties may never reach a mediation agreement and may need to consider arbitration or litigation to resolve matters.
How to Prepare for Mediation in Employment Cases?
Given that you are likely to spend time and money mediating, you might as well begin the legal process sooner rather than later. Early mediation can also help avoid things becoming more strenuous and high conflict, which is prone to happen as employment cases are drawn out.
Regardless of when mediation proceeds, working with experienced attorneys is necessary to prepare for the process. Employment law attorneys will sit down with their clients to help them perform a realistic risk analysis that includes addressing questions like the optimal outcome of the case, risks of taking legal action, and what a winner-takes-all approach actually looks like. A comprehensive risk analysis helps clients form realistic expectations of what they can expect throughout the process and what to do if the employment case is not settled during mediation.
Whether you are the plaintiff or defendant, you must know your employment case inside and out. You want to be well-versed in applicable Illinois and federal laws, have all relevant documents on hand, know all the potential witnesses, and understand the strengths and weaknesses of your claims. Your preparation for mediation should also extend beyond knowing your case from a factual or legal perspective. If mediation proves unsuccessful, you should speak with your lawyers about what is reasonable to expect, realistic to achieve, and the worst-case scenarios.
What Are Potential Remedies and Outcomes After Mediation?
It’s possible to agree on potential remedies for resolving your employment law cases in mediation.
Possible options for resolving your dispute may include the following:
- Â Â Â Â Back pay
- Â Â Â Â Development of non-discriminatory workplace policies
- Â Â Â Â Economic and non-economic settlements
- Â Â Â Â Preventative measures to stop further harassment
- Â Â Â Â Promotion
- Â Â Â Â Providing adequate training
- Â Â Â Â Reinstatement into a former position of employment
- Â Â Â Â Reference letter
- Â Â Â Â And more
Many employers and employees with workplace disputes heading into mediation know the importance of professional legal representation. Please contact our Chicago law firm for a free consultation to discuss your case in more detail.
What Government Agencies Are Involved in IL Workplace Disputes?
Several government entities may play a role in resolving complex employment disputes.
The Equal Employment Opportunity Commission (EEOC) is a federal agency that enforces laws that prohibit workplace discrimination based on age, disability, genetic information, national origin, religion, sex, skin color, and race.
The Illinois Department of Employment Security (IDES) handles legal issues related to unemployment insurance and benefits.
The Department of Labor (DOL) is a federal government agency that oversees labor laws related to employment standards, workplace safety, working hours, and wages.
The Illinois Department of Human Rights (IDHR) is the state equivalent of the federal EEOC and is responsible for enforcing state laws against discrimination and employment.
Schedule a Free Consultation with Our Experienced Illinois Employment Law Attorneys Today
If you are contending with a complex employment law case, it is highly recommended that you seek legal counsel from employment attorneys. Our Lombard-based law firm has extensive experience representing clients and various employment cases, and we would be proud to represent your legal rights and pursue the most optimal outcome for your legal issues.
To discuss your case further, contact our law firm to schedule a free case evaluation with our Chicago employment lawyers today.
You can reach us at 630-394-6350.
