Post-Employment Restrictive Covenants – Illinois Law Basics

In Northwest Podiatry Center, Ltd. v. Ochwat (2013 IL App (1st) 120458), the First District reversed key elements of a trial court’s preliminary injunction order in a lawsuit filed by a podiatry center against two former doctor employees.  The plaintiffs – the podiatry firm and its founder – sued two former podiatrists who left to form a competing firm and …

Recovering Your Attorneys Fees In Litigation: Illinois’ 8 Factored Test

A recent Illinois Fourth District case provides a quick summary of  the factors a court considers when determining prevailing party attorneys’ fees under the Illinois Consumer Fraud Act (CFA) and spotlights the “mere continuation” exception to the rule governing corporate successor liability. In Clayton v. Planet Travel Holdings, 2013 IL App (4th) 120717, the plaintiffs sued a …

The Illinois Wage Payment and Collection Act: Some Basics

There seems to be an almost palpable out-of-sight, out-of-mind dynamic at play when an employee is either fired or quits.  This often results in the employer not compensating the departed employee for pre-departure/firing services. This post attempts to provide some basics on the Illinois Wage Payment and Collection Act, 820 ILCS 115/1 et seq. (the Wage Payment …