Chicago Illinois Business Lawyer | Hiring and Firing: Legal Best Practices in Illinois

Both of these functions, if not done correctly, can lead to legal and financial consequences for an organization. You need to make sure that logistics are properly handled and that paperwork and registrations are properly done. You need to make sure you have insurance and understand your tax liabilities. There is a lot to consider, so it is important to follow the legal best practices when it comes to hiring and firing in Illinois.

Hiring best practices

The following are some best practices when it comes to hiring:

• Job Description: It is important to prepare a clear and accurate job description for the position you are hiring for. This helps in identifying the skills and qualifications required for the job and also helps in setting expectations with potential candidates.
• Non-Discrimination: Employers must ensure that their hiring process is fair, impartial, and does not discriminate against any candidate on the basis of age, race, gender, religion, national origin, or disability. Employers should also make reasonable accommodations for applicants who require them during the hiring process. There are federal laws from the U.S. Equal Employment Opportunity Commission that need to be adhered to, so you can adhere to non-discriminatory hiring practices. 
• Pre-Employment Tests: If an employer decides to use pre-employment tests, they must ensure that they are valid, reliable, and job-related. These tests should not discriminate or violate any state or federal laws.
• Interview Process: A structured interview process should be used where all candidates are asked the same set of questions. This helps in reducing any potential biases and ensures that all candidates are evaluated on the same criteria.
• Background Checks: Employers must obtain written consent from the candidate before conducting any background checks. The information obtained from the background check should only be used to make hiring decisions, and the candidate should be informed of any adverse decision based on the findings.

Firing best practices

The following are some best practices when it comes to firing:

• Documentation: Employers should have documentation supporting their reasons for firing an employee. This can include prior warnings, disciplinary actions, performance evaluations, and any other relevant documentation.
• Employee Termination Notice: In Illinois, an employer must provide a written termination notice to a fired employee. The notice should include the reason for termination, the effective date, and any rights the employee has under state law.
• Compliance with Federal and State Laws: Employers must ensure that they are complying with any federal or state laws that govern employee termination. This includes providing the employee with any wage and benefit payments owed to them, as well as complying with any applicable notice requirements under the WARN Act.
• Avoiding Retaliation: Employers must avoid any retaliation against an employee who has engaged in protected activity, such as filing a discrimination complaint or reporting illegal activity.
• Consultation with an Attorney: Employers should consult with an attorney before terminating an employee, especially if the employee is a member of a protected class, such as a race, gender, or disability.

As a general rule, Illinois follows the employment-at-will doctrine. This doctrine means the employer may discharge the employee at any time, with or without cause. The employee may also, in turn, quit his employment at any time, with or without notice. There are, however, some circumstances in which the employment-at-will doctrine may be limited by federal or state law, employment contracts, or collective bargaining agreements. An experienced Chicago Illinois business lawyer can make sure you have clear policies in place that protect you and your business.