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My Employer Broke the Law – But Do I Get My Day in Court?

by Natalie T. Lorenz, Attorney at Law

A recent trend in the law has been for employers who have been sued by former employees to attempt to keep their cases out of the courtroom – a public forum.  Employers do this by compelling arbitration, which is an alternative method of dispute resolution that takes place in a more private setting.  Many employers, when hiring new employees, make those employees sign an arbitration agreement on or about their first day on the job.  Many times, when they sign such an agreement, the employees do not really have much of a choice, and do not fully understand what they are giving up.  The civil litigation attorneys at Mathis, Marifian & Richter fight for those employees and their right to have a court hear their stories.

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What Health Standards Can Employers Impose on CDL Drivers Under the Federal Motor Carrier Safety Act?

by Natalie T. Lorenz, Attorney at Law

Federal Law Requires a Medical Examiner’s Certificate

Regulations promulgated under the Federal Motor Carrier Safety Act (“FMCSA”) state that a new CDL applicant who certifies that he/she will operate commercial motor vehicles in non-excepted interstate commerce must provide the State with a medical examiner’s certificate.  Each certificate can be valid for a maximum of two years, although medical examiners may also certify drivers for shorter time periods for various reasons.  In order to maintain a medical certification, the driver must provide the State with each subsequently issued medical examiner’s certificate.

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Non-Competition Agreements: What Are They and Are They Enforceable In Illinois?

by Patrick B. Mathis, Shareholder & Amy Randazzo, Law Clerk at Mathis, Marifian and Richter, Ltd. & Student at St. Louis University

A non-competition agreement is basically a contract between two parties where one party agrees not to compete with the other for some period of time.  In an employment relationship, this often means an employee agrees not to work for a competing business for a period of time after employment with an employer. Non-competition agreements help employers protect things like their customer base or confidential information.  However, they can also restrict an employee's ability to find gainful employment. Because of the potential harm to employees, courts tend to look at non-competition agreements skeptically and not all agreements are enforceable.

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I Have Signed a Trust. Now What?

by Patrick B. Mathis, Shareholder & Amy Randazzo, Law Clerk at Mathis, Marifian and Richter, Ltd. & Student at St. Louis University

Having a living trust drafted as part of your estate planning can seem challenging enough, but once it is signed, there's still more to do.  A trust is only as effective as the assets that are placed in it. Funding the trust with most, if not all, of your assets allows the trust to be properly administered at your death and avoids the necessity of probate proceedings.  Unfortunately those assets don't just automatically go into your trust upon execution.

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Electronic Monitoring of Nursing Home Residence - Change in Illinois Law

by Beth K. Flowers, Shareholder

Effective January 1, 2016, residents of nursing homes and care facilities have the ability to place electronic surveillance equipment in their rooms to monitor activity in their room or apartment.  The Authorized Electronic Monitoring in Long Term Care Facilities Act (“Act”) was enacted by the Illinois legislature on August 21, 2015.

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