Litigation

Raise your hand if you hate spam or wasting time.

Is your cell phone being inundated by telephone calls or texts from automated messages and telemarketers? In 1991, a law was passed that makes this process illegal. The law is called the Telephone Consumer Protection Act, or TCPA. TCPA encompasses a few items including telemarketing, automatic dialers and spam fax. This law implemented in 1991 was amended by the FCC in 2003 that changed the rules to include the national do not call list. Along with making these solicitation calls illegal, the law also states that a commission must continue to update the rules and procedures used are the most effective and efficient available.

An easy way to break down what TCPA is exactly would be that it is against the law for a company to initiate a phone call, text message or fax without that person’s permission through prior express invitation, an existing business relationship, or for a nonprofit organization. These unsolicited contacts do also include calls made to a cell phone or any other carrier service for which you could be charged for the call.

If you are having issues like this, you do have rights. You can even file a lawsuit if a company violates TCPA. The rewards of filing a lawsuit could be small, however the reward or recovery could be any money you lost because of the calls; your actual costs from cell phone providers, etc. or you could receive up to $500 in damages for each violation. If you are able to prove the offender knowingly violated this law, your award could be up to tripled, amounting to $1500 per instance.

Like any other successful consumer fraud case, there is no cost to hire an attorney to take on these cases as the lawyer fees get paid by the defendants and only if you win the case.

There are a lot of terrible laws out there that do nothing at all, but this is a great one because it can actually stop spammers.  One successful lawsuit is usually enough to deter any company from continuing this annoying practice.  And it’s not just scammers who are doing this.  Many legitimate companies have young marketing staffers who simply don’t know what the law is and think that junk calling or texting is a great way to reach people even though they would never want those contacts themselves.

If you have questions about a possible lawsuit or want a referral, please contact us at any time. We are based out of Chicago, but because these are Federal cases, we know lawyers who handle them anywhere in the country.

Legal malpractice cases can be hard to win. One of the obstacles is proving “damages.” Damages is the legal term for the amount you were harmed. In other words, you don’t win a legal malpractice case by just showing that your lawyer made a mistake that made you lose your case; you have to put a price on it. You have to show the court what, exactly, you would have won or what the harm you suffered is worth.

The reason this is difficult is because damages in legal malpractice cases are often speculative. Your case did not go as planned, so you don’t know for sure what you would have gotten in the end. You have to convince the court that had your lawyer handled it correctly, you would have won. Then, you have to prove to the court the amount you would have recovered.

For example, let’s say you were hurt in a car accident and you were suing to recover the cost of your medical bills — $30,000. Your lawyer fails to file your lawsuit by the deadline, and the judge dismisses your case forever. In your malpractice lawsuit against your lawyer, you will have to convince the court that if the lawsuit was filed on time you would have won. Then you have to show how much you would have won. In this case, you were suing for a specific dollar amount based on specific bills. Your damages for the bills can be proved as $30,000.

It gets more complicated if your mishandled case involved something less quantifiable, such as payment for pain and suffering. Let’s say you were suing a doctor for medical malpractice after a botched surgery, and you were seeking $500,000 for pain and suffering. Even if you can prove that you would have won if your lawyer hadn’t messed up, it will be very hard to prove that you would have gotten the $500,000, or any amount for that matter. There are so many ways a case could turn out. Medical malpractice cases are extremely complex, and on top of that, they involve decisions by a judge and jury that are impossible to predict. (Sometimes, a lawyer will send a client a letter saying how much they believe their case is worth. This sometimes helps prove damages in a legal malpractice case against that lawyer.)

Even more difficult is the case where money isn’t involved at all. For example, let’s say you were suing for custody of your children and your lawyer forgot to call a key witness to testify. If you lose the custody case because of this error, you would want to sue your lawyer. But you would have a tough time. Even if you manage to prove that calling the witness would have allowed you to win, your case will likely end there. Proving the next part – damages – is nearly impossible.

Illinois legal malpractice attorneys usually work on a contingency basis which means that they only get paid if they are successful proving the case and the amount they receive is a percentage of the total recovery. If they don’t think that they can prove damages they won’t take the case.

We know this sounds discouraging, but don’t make a decision on your own. If you think you have a legal malpractice case in Illinois, please contact us. It’s important to get advice from an experienced legal malpractice attorney – one that will be upfront and honest about your chances of success. Every case is different, and we’re here to help. We will give you an honest evaluation of your possible case and if we think there is a lawyer for you, we will make a recommendation. Your calls and e-mails are completely confidential.

There have been a ton of articles in the news about actress/model/great accent, Sofia Vergara.  She was engaged to a man a couple of years ago and they tried twice, unsuccessfully, to have a baby. They froze some embryos that were injected with her ex-fiance’s sperm in case they wanted to try again.

They broke up and like any sensible human, Gloria, I mean Sofia did not want to become a parent with a man whom she had no relationship with anymore.

The ex fiance for some reason wants to be a parent so badly that he’s claiming a right to these frozen embryos so they can be implanted in a surrogate and hopefully lead to him and Vergara becoming parents together.

Why he would want to do this is really anyone’s guess.  If he wants to be a Dad there are a ton of better ways including getting in to a new, loving relationship, finding a different egg donor or adoption.  I’m sure the fact that Vergara is reportedly worth in the nine figures has nothing to do with his attempts to keep these eggs.

He’s lost so far and the reason is that Vegara was smart enough to put a contract together that determined control of these embryos.  Specifically it states that they both must consent in order for the embryos to be implanted.  Sounds like a common sense contract as it requires two consenting adults, much like sex.

But even if the contract didn’t make sense, the important part is that it’s a contract which they both agreed to.  The ex might think this a bad deal or unfair, but it’s no different than if you sign a contract to buy a car and a week later wish you hadn’t done so.

A contract is a contract.  This is why we always encourage people to put things in writing.

On “Modern Family”, Vergara doesn’t play the brightest woman.  But in real life she’s clearly a legal genius.  And it doesn’t take much to achieve that status.  Just the guts and sense to not act on emotions or be afraid of confrontation, but instead have the willingness to put things in writing.

In your life, if you are going to loan someone money and want to get paid back, put it in writing. If you hire someone to do work for you or are doing work for someone else, the terms are only clear and enforceable if they are on paper.   If it’s not in writing then it’s a he said/she said game in the courts which costs time, money and leaves you with an uncertain result.

If you bought a Lenovo PC between September 2014 and January 2015, then you may be at risk for identity theft. In September, Lenovo began selling laptops with a pre-installed program called Superfish Visual Discovery. This program is what’s known as adware, which means that it spies on your web traffic in order to provide ads that are tailored specifically for you.

Pre-loaded software isn’t new, but that doesn’t mean it should be trusted. The problem with Superfish is that it has holes that allow hackers to steal your information. It exposes the computer – and its user – to potential theft of private information. Hackers can intercept your credit card number, banking information, passwords and other user data without your knowledge or permission. Even when you think you’re on a secure website, you might not be safe if this program is on your computer.

Identity theft can wreak havoc on your finances and your life. Lenovo’s decision to pre-install Superfish before shipping computers to customers has been called irresponsible and an abuse of trust. Lenovo has stopped using the program, but the computers that were sold with Superfish continue to put users at risk.

Note that these are allegations and still need to be proved in court.  That said, we know class action attorneys who are looking to speak with Lenovo users to see if they might have a case.  There is no cost or commitment.

Consumers are beginning to join lawsuits against the company and demand compensation. If you purchased a Lenovo computer between September 2014 and January 2015, you might have a claim. If you have questions about whether you should get involved or how you can seek compensation for buying one of these computers, you can contact us online or give us a call at (312) 346-5320 or (800) 517-1614. There is no charge for speaking with our attorneys.

There is a specific law that says how and when an employer or potential employer can do a background check on you. The law also says what the employer can and can’t do with the information it gathers. Several large employers have recently been sued for violating this law, prompting multi-million dollar settlements with the employees and potential employees who were affected.

The law is called the Fair Credit Reporting Act, or FCRA. The rules on background checks apply to job applicants and current employees. There are a couple of important aspects to this law. One is that you must be given notice of any background check. Another important aspect is that the employer can’t penalize you for what the report contains without taking some very specific steps. The law protects applicants and employees when it comes to criminal background checks as well as consumer credit checks.

Under FCRA, a job applicant or employee must consent to a background check, in writing. In order for this to happen, the applicant or employee must be given a written disclosure. This disclosure is required to be “clear and conspicuous,” which means, for example, that it shouldn’t be buried in an employment application that contains a lot of extra or irrelevant information.

Next, when a background check is complete, the employer can’t simply fire or refuse to hire that person based on what they find. The employer must first provide the applicant or employee with a copy of the report in question and must tell the applicant or employee that they intend to take adverse action based on that report. And the employer must give the applicant or employee reasonable time to dispute the report. These are very specific steps that are often skipped.

The most obvious type of adverse action in these situations is firing an employee or refusing to hire an applicant based on a report. However, the law protects employees against other types of adverse action, such as getting a demotion or being denied a promotion based on what comes back in a report.

Employers who violate FCRA can be sued for damages, including actual damages, punitive damages and statutory penalties of up to $1,000 per violation. Employees in some cases have joined together in class action lawsuits, in which they sue their employer as a group for FCRA violations. Recent lawsuits have involved Michaels, Whole Foods Market Group Inc., Publix Super Markets Inc., and Dollar General Corp.

If you have questions about a background check that was performed without your consent, or a situation in which you suffered adverse employment action after a background check without getting notice or a chance to dispute the report, feel free to give us a call at (800) 517-1614. We’ll talk to anyone for free about potential legal issues, including whether they might have a claim against their employer for violating this law.  There is no fee for the attorneys we recommend who take on these cases unless they are successful.  And we consider these cases anywhere in the United States.

Corporate fraud seems to be everywhere these days. The story is often the same – bad decisions by a few executives that affect the lives of many. Corporate fraud not only endangers the health of the corporation itself but also impacts employees, clients and anyone who has bought stock in the corporation as an investor.

People who have been wronged often use the law to try and recover what they have lost. In the case of investors, they can sue for securities fraud if they were misled or outright lied to and relied on that misinformation when making their investment. One example is when a corporation puts out misleading financial statements that make them look better than they actually are. People invest, thinking the company looks financially healthy, but then the truth comes out and the stock prices take a hit. And shareholders lose money because they relied on that false information.

These cases are generally class actions, which means that a group of plaintiffs sues together because they have similar claims. A lead plaintiff is responsible for representing the entire class. The court appoints this lead plaintiff and that plaintiff’s lawyer acts as the main attorney for the case. The lead plaintiff might be the investor with the largest investment, or they might be chosen for another reason. Not every investor is automatically part of the class. There’s usually a class period – a specific time period – that the lawsuit covers.

Not all cases are based on bad financial statements. There was a recent Illinois case against a company that ran psychiatric hospitals, including one in Forest Park and one in Streamwood. It had come out that patients in these two facilities were being harmed. One report said that mentally disabled children were sexually assaulted over the course of several years. The investors’ lawsuit said that the company made false and misleading statements about the quality of care provided at its facilities. In other words, the company hid these less-than-favorable incidents and as a result the stock price was inflated. Investors, including large investors such as pension funds, lost millions of dollars. There is a tentative settlement agreement for $65 million, which still has to be approved by the court.

Another recent case is against Halliburton. Plaintiffs claim that the company misled investors, exaggerated the positive effects of a merger and lied about its exposure to asbestos liability. They say that the stock price took a big hit when the truth came out. Defendants can win these cases by trying to prove that the fraud did not affect the stock price.

You can be a plaintiff in a securities fraud case if you bought stock during the time period in question, even if you didn’t specifically rely on the company’s financial statements. Not everyone reads corporate reports, but they do look at stock prices. Courts have said, generally speaking, that relying on the stock prices is enough.  If you are looking for an attorney, contact us at any time.

When a contractor isn’t paid for work done on someone’s property, he or she has legal recourse in the form of a mechanics lien. The contractor can use a lien to basically stake a claim to the property. That property then cannot be sold or refinanced without dealing with the debt asserted by that contractor. And if that contractor wants to pursue payment further, he or she can get an order from the court forcing a sale of the property and payment of the debt.

Liens aren’t just available to general contractors. Subcontractors and materials providers can pursue them, as well. When payment isn’t made, it can be because of a dispute about how the work was performed, when it was completed or the quality of the work. Unfortunately, there is no way realistic way for a property owner to simply return the product. You can’t return a new driveway, or a kitchen renovation. This can lead to unresolved issues.

Subcontractors are a bit different from contractors. Often, a property owner doesn’t have any contact with subcontractors; they only deal with the general contractor. And it’s the general who pays the subcontractors. For this reason, a subcontractor who wishes to pursue a lien for nonpayment must first notify the property owner of their intent to do so.

If property owners aren’t careful about hiring those who work on their home or business, they might find themselves with a lien against their property. A good way to avoid this is to have a clear agreement with the general contractor, at the outset, about the project. If you aren’t clear, and the contractor does more work than needed, they will still charge you for that extra work. If you refuse to pay, they might record a lien. Also, make sure you get a list of all subcontractors, as well as lien waivers once payment has been made. If a lien is recorded against your property, consult with an attorney. It may be invalid if all the requirements weren’t met.

From the perspective of a contractor, sometimes the initial steps of recording a lien (or giving notice if you’re a subcontractor) is enough to get the issue resolved and the debt paid. A lien is not good for the title on the property, and most owners will be motivated to settle the dispute. If not, however, you can file a lawsuit. The court can order that the property be sold and your debt paid from the proceeds of the sale. It’s recommended that you hire an experienced attorney to guide you through the process of recording a lien, and filing a lawsuit if it comes to that. Both have specific requirements that must be met. If your lien isn’t valid, then you won’t be able to move forward.

Although it’s not something you should do on a whim, switching attorneys can be a smart move in some cases. How do you know if you should fire your attorney? Red flags include a complete lack of communication, unprofessional or rude conduct, or a gut feeling that you hired the wrong person. Here are a few things to keep in mind if you find yourself in this situation.

1. It’s allowed. Usually, you can switch attorneys at any time. It’s up to you, the client.
2. Sooner is better than later. Although there technically isn’t a deadline, sooner is better. The quicker you realize you need a new attorney and get one set up, the quicker you can get your case back on track. If things need to be undone and redone, giving your new attorney plenty of time is a good idea. Many cases have various deadlines, so keep that in mind when considering a switch.
3. Don’t be afraid to voice your concerns first. It could help. You don’t want to go through the process of changing attorneys if your issue is just a misunderstanding that can be fixed. On the other hand, if bringing it up makes things worse, then maybe it’s a sign that you should switch.
4. Do your homework when finding a new attorney. When you’re looking for a lawyer, whether it’s an initial search or you’re looking for a replacement, we usually recommend a few key things. First, make sure they handle lots of cases just like yours. Experience is a predictor of success, in our opinion. Also, ask about their past success.
5. It shouldn’t cost you more in the end. You can expect your legal fees to be the same whether you switch or not. Your new and old attorney should work out the details. The first attorney will probably expect to get paid for the portion of the work they did on your case.

If you are worried about the logistics, consider finding a new attorney before letting the old attorney go. This way, your new attorney can handle the switch.

We hear this a lot. And we get it. Many people can’t afford to pay hundreds of dollars an hour for legal help. The good news is that in a lot of cases you don’t have to.

For many kinds of Illinois legal cases, your lawyer’s fee will be a percentage of what you recover in the end. There are no up front or out-of-pocket costs. This type of arrangement is called a contingency fee. It’s good news to people who are looking for legal recourse but don’t have a lot of cash on hand. It makes a “big time lawyer” accessible to anyone.

If you are injured, you likely have a case where you would pay a contingency fee. Your lawsuit, if you choose to file one, would be for damages. It’s your lawyer’s job to prove the amount of your damages and recover money for you to pay for your legal bills, any time that you were unable to work and even compensation for your pain and suffering.

Injury cases are the most common type of contingency fee case, including medical malpractice, workers’ compensation, nursing home abuse and other personal injuries. In these cases, you might settle for a certain amount, or go to trial and have a judge or jury determine what you will be awarded. Your lawyer would then get a portion, as their fee.

On the other hand, if you have a case where you aren’t suing for a sum of money, then you should expect to pay an hourly fee, or in some cases a flat fee (for more routine legal work, like writing a will, for example). In these cases, the big time lawyer might not be an option for you. In a divorce, for example, you’ll probably be more concerned with what your lawyer charges than you would in an injury case. You’ll also have to put down a retainer, which is usually a couple thousand dollars. Your lawyer will take their fee from the retainer as they do the work.

The bottom line is that before you decide you can’t hire a large law firm downtown, know what kind of fee your lawyer is going to charge. In a contingency fee case, it’s not going to be that different; most lawyers – big and small – charge about 1/3. Plus, you don’t have to pay anything until your case is over. And if you lose, there is no fee.

Don’t assume you can’t afford the attorney you want. Give us a call. We will talk to you for free and explain legal fees, whether you need a big firm, and other aspects of hiring an Illinois lawyer. Our goal is for you to learn about all of your options.

See also: Finding A Chicago Legal Malpractice Lawyer

While our law firm is known for being the place to get the right attorney recommendation for your case, we also provide free legal guidance to anyone that wants to ask us a question.

We don’t promise that we will always know the answer, but after 13 plus years in business and having talked to over 300,000 people, there is almost no legal situation that we haven’t seen before.

Many of the questions we get start off with callers asking “Is it legal to” and go from there.

Some of these are simple such as is it legal for a 20 year old to have sex with a 16 year old (it’s not) or can an employer fire you if you don’t show up to work, but it’s the first time that you did it and there was no warning (they can).

But most of the calls we get can’t be answered by hearing just one sentence from someone. Cases are always fact specific so getting more information can change our answer. Even in the example above, if you are fired for a first time no show, but employees of a different race are allowed to blow off work without punishment then you might have a racial discrimination claim.

A recent caller to our office wanted to know if the foot drop she got after a medical procedure was the basis of a lawsuit for malpractice. Similarly a man who had his leg amputated following an foot infection wanted to know if that was a case. The answers to both were that there are certain indicators that would tell us if it was a case or not (the amputee has diabetes which can lead to blood flow problems), but there is no way to give a definitive answer without seeing medical records.

This happens in all areas of law. Some that contact us want to know if it was illegal that the cops searched their car. Again, we need the whole picture to answer that question in a reliable way. That would include seeing the police report. We’ll give an opinion as to what we think is likely the answer, but you should want something more definitive.

“Do I have a case if I feel in the parking lot on my way in to work and broke my ankle?” Well, we’d need to know what caused you to fall, who owns the parking lot, it is for employees only or the public too and many other things.

The bottom line is that if you read legal websites that provide answers to questions, you have to remember that every case is different. Just because some lawyer didn’t think a different person had a good case does not mean that you don’t.

We will always review your case for free and give you an honest answer. We’ll ask probing questions (all calls are confidential) that will give us lots of information and help us offer an educated opinion. But having this full picture will allow us to best serve you. And believe it or not, sometimes getting the full picture can take 20-30 minutes on the phone (always free) and other times it can take one minute. Every case is different.

See also: Can An Illinois Attorney Have Sex With A Client?

The class action lawsuits against General Motors after the faulty ignition switch issue are growing, as GM adds even more vehicles to the list. This is quickly becoming one of the largest cases ever. We are looking for plaintiffs who own any of the following GM models. These are the latest models to be added to the recall:

Buick Lacrosse (2005-2009)

Chevrolet Impala (2006-2014)

Cadillac Deville (2000-2005)

Cadillac DTS (2007-2011)

Buick Lucerne (2006-2011)

Buick Regal LS & GS (2004-2005)

Chevrolet Monte Carlo (2006-2008)

Chevrolet Camaro (2010-2014)

A few months ago, GM announced that more than a million vehicles were being recalled because of a malfunctioning ignition switch. The error had already led to many accidents and GM acknowledged 12 fatalities, as well. The most alarming aspect of the case was that GM knew about the faulty ignition years before it finally came forward.

The story may not be at the top of the news anymore, but it’s far from over. Any owner of a vehicle on the list – not just those injured in an accident – may be able to seek compensation. Damages can include the decreased value of your vehicle.

Class action lawsuits work best in this type of case because many consumers can join together against a large corporation. It’s a lawsuit they wouldn’t have as good of a chance of winning on their own, and it definitely gets the attention of the defendant in a way an individual would not.

These cases often end in settlement, with each member of the class sharing in the final amount paid by the defendant. If you own one of the models listed above, or if you have questions about what a class action involves or what would be required to get involved, give us a call.

You can contact us online or by calling us at 312-346-5320 or 800-517-1614. You can talk to our lawyers for free. There is no obligation to go forward and get involved, so feel free to just call with questions you might have.

The statute or limitations is extended for cases involving childhood sex abuse and molestation cases. Most personal injury cases (sex abuse falls into this category if you’re talking about a lawsuit – a criminal case is separate) have a deadline of about two years. This means that you have two years in most Illinois injury cases to file your lawsuit against any potential defendants.

For childhood sex abuse, Illinois law gives you a larger window to consider what you want to do. The statute of limitations is at least 20 years in most cases. This is the law as of 2011. Older cases might have different deadlines. It’s important to know what applies in your case because if you miss the deadline, you can lose your chance to sue forever.

It’s fairly clear why this deadline is extended for childhood sexual abuse. There are a couple of different reasons. First of all, this kind of abuse is often hidden, and family members are unaware of what’s going on. Secondly, it can take a while for a victim to be ready to come forward. In some cases the memory of what happened is repressed for years and resurfaces later in life. If the deadline were just two years in these cases, many victims wouldn’t get their day in court and the chance to get some sort of justice. If the deadline were short, a lot of perpetrators of the abuse would be able to escape a lawsuit holding them accountable for the harm they caused.

The statute of limitations is 20 years in most cases and those 20 years don’t start until the victim turns 18. Minors aren’t expected to take responsibility for the deadline in such a case. In situations where the memory of the abuse has been repressed, the victim has 20 years from when they realize what happened to them. So for most people who suffered childhood sexual abuse and molestation, the deadline to take legal action is their 38th birthday, which is 20 years after they turn 18. For those who realized the abuse after they turned 18, they have 20 years from whenever it was realized.

Despite these extended deadlines, it’s always better to sue sooner rather than later. Memories are fresher and witnesses are easier to find. Suing 20 years after the fact can be more difficult, although people have definitely done so successfully.

This specific law is a reminder that the statute of limitations isn’t an easy issue. It can change based on the type of case you have and even the specific facts involved. Don’t assume it’s too late for your case, or that you have tons of time to think it over. Talking with an experienced attorney is the best way to be sure of the deadline in your case. If you miss it, you could completely lose your chance to sue.

Finally, if this happened to you, please know that we are very sensitive to how difficult in can be to talk about.  If you call us for legal advice or a lawyer referral we promise to treat you with dignity, respect and keep your information confidential.  We will also do whatever we can to help you.

Employees who work for tips should look closely at what they earn and be careful about their employer’s rules regarding their tips. There’s no guarantee that your employer is going to protect your rights under wage laws. It might be up to you.

There are some specific rules, under both state and federal law, on wages. Some relevant laws for tip earners are those that address tip sharing, minimum wage and hourly pay.

Employers are allowed to pay a reduced hourly wage to employees who earn tips. This is called a tip credit rate. Obviously, this reduced hourly rate is a big benefit to an employer, which is why there are laws to protect these employees.

Tip sharing is a big issue. The main thing to know is that your boss can’t share your tips and they can’t make you share your tips with workers who don’t get tips. No managers, cooks or dishwashers should be taking any part of your tips. You can, however, share your tips with other tipped employees. If your employer has set up tip splitting or pooling, that is generally allowed.

Another issue is minimum wage. It does still apply. Even though you earn a reduced hourly rate because you get tips, the grand total of your pay should be at least minimum wage. You are entitled to that. If there is a discrepancy, and you are not earning minimum wage, your employer might have to pay the difference.

There are some situations where an employee receives some tips and earns a reduced hourly rate but they’re required to do a lot of things for which they don’t get tipped. This is unfair and in some cases not allowed under the law. If you have to do a lot of administrative duties, maintenance, opening and closing tasks, meetings, etc., then you might be entitled to minimum wage for all the hours you work.

If you are earning overtime pay, be sure it’s being calculated correctly. It’s not correct to simply multiply your reduced hourly rate by 1.5. Your employer is supposed to pay you 1.5 times minimum wage, minus the tip credit.  If they are doing this wrong, then you may have a claim for unpaid overtime.

Don’t leave money on the table. Talk to an experienced Illinois employment attorney to find out whether you have a case worth pursuing.  We are happy to speak with you for free at any time.

We hear from a lot of people who are naturally upset after suddenly getting fired. Many call because they’re wondering if it’s illegal for their employer to fire them without two weeks’ notice. Some ask whether they’re at least entitled to pay for those two weeks. The law on this, for most people, is pretty straightforward.

The majority of employees in Illinois are “at-will” employees, which means that either side can end the employment at any time and for any reason. You can be fired on the spot, and you can quit on the spot. Even if you give them the courtesy of two weeks’ notice when quitting, they can fire you right then. They don’t even need to have a reason. The exception is illegal discrimination. You can’t be fired because of your race, religion, national origin, age (if over 40), etc. If you are fired for one of these reasons, that is illegal.

In some cases, there is an employment contract or union agreement that changes the at-will rule. If there is an agreement in place that obligates your employer to give you notice, then by not doing that they are breaching the contract. You can sue for breach of contract. If you sign a contract when you’re hired, always ask for a copy right then. If you don’t have a copy, there should be one in your employment file, which you have the right to look at.

Even though there is no Illinois or federal law that says you have to give your employer two weeks’ notice when quitting your job, it’s common practice. Legally, you can just leave. But many people want to leave on good terms, especially if they might need a reference for a future job.

When it’s the employer who ends the employment, it can often happen quickly. You may or may not get a severance; the law does not require it. You should, however, get your last paycheck no later than the next regular pay day. Also, if you have earned vacation time that you haven’t used, you should be paid for that time.

If you think you’ve been fired for an illegal reason, such as discrimination, talk to an Illinois employment attorney. The same goes if you have trouble getting the pay you were owed up until the time you were fired or quit.

Written by Michael Helfand

See also: 12 Tips On Illinois Severance Agreements

Bad lawyers do get caught. Not all of them, but probably more than you think. The Illinois Attorney Registration and Disciplinary Commission (ARDC) investigates complaints made by clients, fellow attorneys and others. The legitimate and serious ones can make their way all the way up to the Illinois Supreme Court, which hands out punishments and disbars those attorneys who should no longer be allowed to practice law.

When someone files a complaint about an attorney with the ARDC, it doesn’t just end up in a file somewhere. The ARDC reviews each complaint and determines whether the complaint is legitimate and whether the case should go on to the next level. If the ARDC decides to take further action, it sends the complaint on to an inquiry board, which investigates the complaint. From there, cases go before the hearing board, which is a panel of three members who act as a trial court. Then, there is an ARDC review board that acts as the appellate court. Finally, most of these cases go on to the Illinois Supreme Court for a final determination. It can take a year or two to make it through this process.

The ARDC opens about 6,000 investigations a year. In 2013, 151 lawyers were disciplined, and 35 of those were completely disbarred. Lesser disciplinary action includes suspension, probation, censure and reprimand. Basically, it’s varying levels of punishment based on the offense.

As a client, you should look into the disciplinary record of any attorney you are thinking about hiring. These records are public information. Anyone can go to iardc.org, which has a lawyer search option, and type in the name of the Illinois attorney they’re curious about. The database should tell you what, if any, disciplinary action the attorney has faced. If you are unsure about what you find, ask the attorney about it.

If you have a complaint about an attorney, you can file a request for an investigation on the same website. If the issue you experienced caused you financial harm and you believe the attorney was negligent in handling your case, you might want to consider a legal malpractice lawsuit.

Written by Michael Helfand

A caller to our office was really mad because he had just bought a business and felt that he didn’t get what he had bargained for.  Seems that the company he is now running makes deliveries to grocery stores and their biggest client as of August was Dominick’s.

Perhaps the person that sold him the business knew that store was closing and that’s why he wanted to get out.  And if he had hid that information from the buyer then there might have been the basis for a commercial litigation lawsuit.  Maybe.

The problem is that this deal didn’t close until November and by then, the fact that Dominick’s was shutting their doors was common knowledge.  It was on the front page of all of the newspapers and all over the news.

But my caller was so focused on the excitement of owning his own company and getting what he believed to be a steal, that he ignored or somehow didn’t know about the store closings.

So he has a good business that is now worth about 70% less than it was when the stores were opened.  He thinks that the seller should give him a refund because in his mind the success of the company was misrepresented.  The problem is that the numbers that were given were from July and they were accurate for that time.  And beyond that, there is no way this gentlemen should have relied on those numbers once the closing became big news.

The most important thing to do in any business deal is your due diligence.  You can be given financial information, but you must verify it.  You can be told that a certain store is your biggest client, but you need to make sure that relationship will continue.  He should have called on these stores and asked of their future plans.  And of course he should have used the internet for research on them and their future.

The biggest mistake he made was not retaining an attorney.  A good business lawyer will take the emotion out of a situation and objectively tell you what to be aware of including doing your due diligence.  In a case like this, if an attorney hadn’t pointed out that Dominick’s was closing they’d probably be liable for a legal malpractice lawsuit.

I get why he was so excited.  Starting your own business and being your own boss is a great thing.  You must do it right though because if you try and fail, getting the chance to do it again will be much more difficult.  And even if he somehow did have the basis of a lawsuit now, that would mean thousands in lawyer fees and the litigation could takes a couple of years.  Had he just done his homework and made a thoughtful buying decision with his head instead of his heart, he would never have been in this position.  Or even better yet, perhaps he could have paid the true value of what the business is currently worth.