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Almost everyone who has signed an employment agreement in the United States has most likely signed a noncompete agreement. They are agreements included in the contract that state that the employee will not work for a competitor of the employer in the event their employment is terminated for any reason. They usually include a geographical and a time requirement. For example, most such agreements restrict the employee from working for a competitor within five or ten miles of the employer for six months or a year after termination of employment.

Each state has their own laws governing employment contracts and noncompete agreements. California is the strictest and won’t uphold any noncompete agreements at all. Most courts will enforce noncompete agreements, as long as they protect only the employer’s “reasonable” business interests.

Courts recognize that employers have a legitimate business interest in their employees. They devote significant time and resources to training those employees, not to mention the trade secrets and clients those employees have access to. Noncompete agreements are a way for businesses to protect themselves from competitors who might try to poach employees, but courts will often refuse to enforce a noncompete agreement if the judge thinks it’s too restrictive. Continue reading ›

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Our Chicago car fraud and Lemon law attorneys near Lincolnwood and Elmwood Park bring individual and class actions suits for defective cars with common design defects and auto dealer fraud and other car dealer scams such as selling rebuilt wrecks as certified used cars or misrepresenting a car as being in good condition when it is rebuilt wreck, is a flood vechicle or had the odometer rolled back. We also see cases where new car dealers conceal that the car has been in accident while in their possession or used car dealers who put duck tape in back of the check engine light to conceal serious engine or emission problems.  Super Lawyers has selected our DuPage, Kane, Kendall, Lake, Will and Cook County Illinois auto-fraud, car dealer fraud and lemon law lawyers as among the top 5% in Illinois. We only collect our fee if we win or settle your case. For a free consultation call our Chicago class action lawyers at our toll free number 630-333-0333 or contact us on the web by clicking here.

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Our Chicago car fraud and Lemon law attorneys near Elmhurst and Downers Grove have experience representing victims of  odometer roll backs, title washing, fake or improper certifications of rebuilt wrecks and other used car scams. We bring individual and class actions suits for defective cars with common design defects and auto dealer fraud and other car dealer scams such as selling rebuilt wrecks as certified used cars or misrepresenting a car as being in good condition when it is rebuilt wreck or had the odometer rolled back. We also see cases where new car dealers conceal that the car has been in accident while in their possession or used car dealers who put duck tape in back of the check engine light to conceal serious engine or emission problems.  Super Lawyers has selected our DuPage, Kane, Kendall, Lake, Will and Cook County Illinois auto-fraud, car dealer fraud and lemon law lawyers as among the top 5% in Illinois. We only collect our fee if we win or settle your case. For a free consultation call our Chicago class action lawyers at our toll free number 630-333-0333 or contact us on the web by clicking here.

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Our Chicago car fraud and Lemon law attorneys near Orland Park and Palatine have experience representing victims of title washing and other used car scams. We bring individual and class actions suits for defective cars with common design defects and auto dealer fraud and other car dealer scams such as selling rebuilt wrecks as certified used cars or misrepresenting a car as being in good condition when it is rebuilt wreck or had the odometer rolled back. We also see cases where new car dealers conceal that the car has been in accident while in their possession or used car dealers who put duck tape in back of the check engine light to conceal serious engine or emission problems.  Super Lawyers has selected our DuPage, Kane, Kendall, Lake, Will and Cook County Illinois auto-fraud, car dealer fraud and lemon law lawyers as among the top 5% in Illinois. We only collect our fee if we win or settle your case. For a free consultation call our Chicago class action lawyers at our toll free number 630-333-0333 or contact us on the web by clicking here.

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Celebrities often have to deal with false reports about their personal and professional lives. It’s a known hazard of the job and each celebrity deals with it in their own way.

It’s rare that a celebrity will go so far as to file a defamation lawsuit against someone for making false statements because they’re very difficult to prove. The First Amendment of the U.S. Constitution grants us the right to free speech and courts have constantly had to balance that right with the right of individuals to protect their careers and reputations in the event someone makes defamatory statements about them.

One of the ways the courts strikes this balance is by requiring public figures to bear a higher burden of proof when filing defamation lawsuits. The law is based on the idea that free and open discussion of public figures is in the best interests of the public, and should therefore be encouraged. As a result, the law requires public figures to be able to prove the person or entity knew the statements were false at the time they were made, and that the defamatory statements had a significant negative impact on their career. Continue reading ›

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The following lists some of the key factors to consider as you face business dispute or shareholder dispute litigation:

• Business Litigation Goals. It is important to consider what you hope to accomplish through business dispute litigation. It is important to consider the ideal end result as you evaluate your options and litigation strategies. Unfortunately, the ideal end results often gets lost in the highly-charged emotions of litigation so it is important to set out your litigation goals at the outset and remind yourself of your optimal resolution through the partnership litigation process. Understanding your goals will also help you evaluate potential settlement offers.

• Litigation Strategy. It is important to know where you want to go so that you can then develop a litigation strategy, a legal map of sorts, on how you plan to reach your end goal. A business litigation strategy should be developed in close collaboration with your business litigation lawyer. At Lubin Austermuehle, our knowledgeable Illinois business lawsuit attorneys can help you analyze complex legal issues, such as potential violations of fiduciary duties, alleged breach of contracts, available accounting information, and civil procedure requirements, in order to develop the appropriate business litigation game plan.

Continue reading ›

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Like everything else, automated timekeeping systems have their advantages and disadvantages. On the one hand, they make timekeeping and bookkeeping much easier and less labor intensive, especially for large corporations with many employees. On the other hand, employers who use automated timekeeping systems need to make sure they have a system in place to make adjustments whenever an employee works longer hours than they were initially scheduled for.

Under the federal Fair Labor Standards Act (FLSA), overtime is defined as any time spent working after eight hours a day or forty hours a week. Most employees working in the United States are entitled to one and one-half times their normal hourly rate for all overtime worked. There are exceptions to the overtime requirement, but the FLSA is very specific about the types of workers that can be considered exempt from overtime.

According to a recent class action wage and hour lawsuit against Zillow Inc., the online real estate company allegedly failed to properly compensate its inside sales consultants for the overtime they worked. The class action lawsuit alleges Zillow used an automated timekeeping system and failed to make adjustments to the timekeeping records when employees worked through their breaks or after their scheduled shift had ended. Continue reading ›

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Federal courts applying Illinois law continue to side with employers in maintaining that former employees should not avoid liability for breaching employment agreements based on duration of employment.

In Traffic Tech, Inc. v. Kreiter (2015 WL 9259544), the plaintiff, a Canadian-based transportation management company, hired defendant Jared K. as vice president of business development. The company paid him a $250,000 signing bonus and the equivalent in annual salary, plus commissions. Jared K. signed an employment agreement promising not to disclose or use the company’s confidential information or to solicit its clients or employees for 18 months after termination of employment. He also agreed not to engage in an “outside job” that would be in direct conflict with Traffic Tech’s business. Continue reading ›

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Anyone who has had to face allegations of defamation would probably agree that having to deal with such a lawsuit constitutes personal injury. Defendants involved in these types of lawsuits often have to pay hefty legal fees in order to defend themselves against the allegations, to say nothing of the damage the lawsuit does to the individual’s personal and professional reputations.

What many people might not be aware of is that many wealthy and middle class people have insurance policies that cover most of these legal costs. It’s common for the defendants to react with surprise when they’re told they can have their insurance company cover most of the costs of the lawsuit, but in the latest defamation lawsuits against Bill Cosby, his insurer was the one who was surprised.

Bill Cosby is currently accused of having sexually assaulted dozens of women in the course of his very long career as a comedian and entertainer. The statute of limitations has expired on the sexual assault charges, but that hasn’t stopped his alleged victims from seeking a different form of restitution.

Ten women in three different states have filed defamation lawsuits against Cosby for denying their claims of sexual abuse and allegedly trying to tarnish their reputations after they came forward with their accusations. Continue reading ›

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When many people think of unpaid internships they might think of fetching coffee or sorting mail. They rarely think of unpaid interns as performing some of the primary jobs of the industry.

Internships have long been a way for new professionals to gain experience and get a foot in the door in a particular industry. Many people are willing to take unpaid internships in the hope it will mean greater opportunity for them later in their career.

The federal Fair Labor Standards Act (FLSA) does allow companies to use unpaid interns, but only if the internship is considered a valuable learning opportunity for the intern. That means it must be comparable to taking a class on a related subject, and the company cannot significant benefit from the work the unpaid interns performed. Continue reading ›

Contact Information
Chicago Office
19 S LaSalle St #702
Chicago, IL 60603
Phone: 630-333-0333
Mailing Address
17W220 22nd St #410
Oakbrook Terrace, IL 60181
Phone: 630-333-0333 Please direct all mail correspondence to our Oakbrook Terrace address.
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189 Whistler Rd
Highland Park, IL 60035
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Please direct all mail correspondence to our Oakbrook Terrace address.

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