Employment Law

Clausen Miller P.C. attorneys provide counsel to employers who know that effective labor-management relations are key to running a successful business. As employment legislation has led to an increase in litigation brought against employers by employees, we navigate the maze of statutes, regulations, and evolving case law. Our attorneys are widely published on employment issues including covenants not to compete, and have created professional guides to topics such as the Americans with Disabilities Act and the Family Medical Leave Act.

We prepare sound employment agreements, develop concise employment policies, and represent clients in arbitration and other alternative dispute forums. We also represent management before the National Labor Relations Board and other federal and state labor boards and departments in labor disputes. We have handled litigation involving violence in the workplace, wrongful discharge, sexual harassment, age and sex discrimination, national origin, race, religion, and retaliation as well as ERISA violations. Additionally, our attorneys have experience in the following areas of labor and employment litigation:

  • Collective Bargaining
  • Wage & Hour Claims
  • Fair Labor Standards Act (FLSA) Investigations
  • Retaliation Claims under the Sarbanes-Oxley Act
  • The Americans with Disabilities Act (ADA)
  • The Family and Medical Leave Act (FMLA)
  • Illinois Personnel Records Review Act (IPRRA)
  • Illinois Wage Payment and Collection Act (IWPCA)
  • Occupational Safety and Health Administration Act (OSHA)
  • Employee Retirement Income Security Act (ERISA)
  • Age Discrimination in Employment Act (ADEA)
  • Fair Credit Reporting Act (FCRA)
  • Computer Fraud and Abuse Act (CFAA)
  • Equal Pay Act (EPA)
  • Pregnancy Discrimination Act (PDA)
  • Genetic Information Nondiscrimination Act (GINA)
  • Stored Communications Act (SCA)
  • Wiretap Act
  • Corporate Compliance
  • Corporate Governance 
  • Fiduciary Duties: Officers, Board of Directors and Employers
  • The Duty of Loyalty to One's Employer
  • Covenants Not to Compete
  • Confidentiality Agreements
  • Trade Secrets
  • Whistleblower Litigation
  • Social Networking, Media, Internet Use
  • Labor Arbitration
  • Unfair Labor Practice Charges
  • Employment Termination
  • Employment Contracts
  • Environmental Regulatory Compliance/Workplace Hazards
  • OSHA Citation Defense across the United States
  • Preparation of Asset Purchase Agreements of Union Employer
  • Title VII Litigation
  • Section 1983 Claims and Litigation
  • First Amendment
  • Retaliatory discharge claims
  • Leave and Disability
  • Human Resources
  • Privacy Laws
  • Common Law Employment Torts
  • Consultation and Drafting of Employment Policies, Manuals, Employment Agreements, Non-Compete and Confidentiality Agreements
  • Training on Anti-Harassment, Anti- Discrimination and Anti-Violence Policies
  • Audit Employment Practices
  • All Other Anti-Discrimination and Civil Rights Laws

Clausen Miller Labor and Employment attorneys have handled matters in state and federal courts across the United States, as well as:

  • U.S. Department of Labor
  • National Labor Relations Board
  • EEOC
  • National Association of Securities Dealers (NASD); now FINRA
  • Illinois Department Human Rights
  • Illinois Human Rights Commission
  • Chicago Commission Human Rights
  • U.S. EPA
  • Illinois EPA

Employment clients include a full range of industries and professions. These include: accounting firms, airlines, architects, banks, brokerage firms, colleges, corporations, directors, doctors, educators, financial institutions, governmental bodies, health care industry, hotels, hospitals, insurance companies, law firms, manufacturers, municipalities, officers, partnerships, police, retailers, real estate developers, restaurants, schools, service industries, sole proprietorships, teachers and universities.