Choate Law is pleased to have served employees exculsively over the course of the year.  We look forward to serving more employees throughout the upcoming year and, as always, if you have any thoughts or questions, feel free to contact us!  We pride ourselves in responsive work.

As we approach the new year, it is a good time think about your W-2 or 1099-R.  Generally, an employer is required to give you a completed W-2 form for the calendar year by January 31 of the next year.  However, if the 31st falls on a Saturday, Sunday, or legal holiday, the employer has until the next business day to send out the W-2.  A 2011 W-2 must be given by Jan. 31, 2012, but since that falls on a Sunday, you should have it by Feb. 1, 2012.

For more information, see: http://www.irs.gov/taxtopics/tc154.html
 
 
The Seventh Circuit overturned the district court in a Title VII fee award issue last week, on December 15, 2011.  The 7th Circuit stated that a contingency fee agreement should not affect Title VII fee shifting awards, and therefore held that the district court abused its discretion in reducing plaintiff's attorney's claimed hourly rate.

The case can be found here: http://www.ca7.uscourts.gov/tmp/E10L6CF4.pdf
 
 
Antoinette Choate was elected President of the National Employment Lawyer's Association Illinois chapter (NELA-IL) on Thursday, December 14.  Congratulations to her and the other new officers. Likewise, a hearty thanks to the previous offers and board members for all of their work on behalf of Illinois employees.

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Late last week, Chief Justice Kilbride and the Illinois Supreme Court announced a plan that would help provide better public access to legal information and improve the efficiency of lawyers practicing in Illinois.  That plan is to make Illinois Pattern Jury Instructions, for both civil and criminal cases, available on the website of the Supreme Court. 

Find the instructions here: http://www.state.il.us/court/CircuitCourt/CivilJuryInstructions/default.asp

Previously, the instructions were available only in printed books and supplemental inserts through a paid subscription or through a law library.   This change will make the most current pattern instructions readily available to all.
 
 
With high levels of unemployment, you need to make sure that your applications stand out from the crowd - in a good way - not because of a glaring problem.  Be sure to avoid these issues:

1.  Honest Content.  You may have an employment gap.  You may have some other concern.  Regardless, you should be honest about your background and experience.  Do not overstate your qualifications or positions.

2.  Spelling & Grammatical Errors.  Have a friend proof read your resume!  Asking a friend to review your resume means you are less likely to have spelling or grammatical errors.  Employers only have moments to make determinations about you and will make snap decisions based on these errors.

3.  Visually Complicated.  You want to limit the number fonts you use, multiple sizes of fonts, borders, or long blocks of texts.  Make sure that your resume appears professional.  Use standard colors for your ink and paper.

4.  Focus Content.  Not only does the layout help convey information quickly, but the content needs to be focused so that employers can gather the important information first. Employers pour over numerous applications and you need the important information to stand out quickly.

5.  Too General.  Not personalizing your resume for each employer can  reduce your changes of getting the job. Research the employer and reference goals and values that are important to that employer.  This research shows the prospective employer that you took the time and effort to focus on the particular position.
 
 
It is that time of year again - the time when your company throws a holiday party.  These parties can be enjoyable but it will only be remembered as enjoyable if you follow a few basic tips.

1. Attend! It isn't mandatory, but people will notice your absence and you don't want to appear like you are not a team player.  It also is an opportunity to network and be noticed by supervisors in a good way.

2. Moderation in food and drink.  This is an office party.  You don't want your supervisor to remember you as the one who got sick.  Even in less extreme situations, you don't want to be the buzzed employee who starts gossiping.  Any way you slice it, you can have a drink, just don't become impaired.

3.  Dress appropriately.  You aren't going to a club or on a date.  Don't dress in something flashy or reveling.  Try to make an effort to look good to convey that the party is important to you.

4.  Conversation. Be prepared with appropriate subjects of conversation.  While you should feel free to share some aspects of your personal life (perhaps about a hobby), do no over-share (such as details of your romantic life).  Further, indulging in gossip can also come back to bite you.  The flip side of the coin - be sure to let you co-workers and boss talk.  It is a good time to build relationships and show that you listened when you ask your boss about how her/his parent is doing after surgery.

5. Follow business rules.  Even if there is mistletoe, don't kiss or touch your co-workers.  You don't want to be the one everyone is gossiping about and you don't want to jeopardize your job for the office party.

Enjoy yourself!  Ultimately, the company is thanking you for your service for the year.  This is the time to enjoy the company of your co-workers, eat, drink (moderately), and be merry!
 
 
On December 2, 2011, the Illinois Supreme Court issued an important decision concerning restrictive covenants in Reliable Fire Equipment Co. v. Arredono.  

In the matter, former Reliable employees, who formed their own company, sought judgment that the restrictive covenants not to compete that they had signed were unenforceable.

The Court affirmed the legitimate business interest requirement three prong test to determine enforceability of restrictive covenants not to compete.  Three-part test for reasonableness of restrictive covenants includes legitimate business interest of employer as an elements.  The Court held that “whether a legitimate business interest exists is based on the totality of the facts and circumstances of the individual case. Factors to be considered . . . include . . . the near-permanence of customer relationships, the employee’s acquisition of confidential information through his employment, and time and place restrictions."  Further, the importance of each factor depends on the particular facts and specific circumstances of each case.

Likewise, the Court held that the Kolar two-factor test "is no longer valid." Reliable Fire Equipment Company v. Arredondo, 2011 IL 111871 (2011).

http://www.state.il.us/court/Opinions/SupremeCourt/2011/December/111871.pdf