Employment Litigation and Counseling

Employment Litigation and Counseling

Swanson, Martin & Bell, LLP’s Employment Litigation and Counseling Group is committed to helping clients develop workable employment policies, practices, and procedures consistent with existing and continually evolving legal requirements. Coupling industry knowledge with legal acumen, the Group’s attorneys provide practical advice and proactive strategies to ensure compliance and manage litigation risks.

Swanson, Martin & Bell, LLP attorneys advise companies in connection with complex issues involving diversity, employee absences, requests for accommodations, employee discipline, terminations, and severances. They work closely with clients to provide guidance related to best employment practices, to develop sound employment policies and handbooks, to assist in contract negotiations, the development of confidentiality agreements and issues related to executive compensation, as well as other matters that concern management and affect employees. The Group’s attorneys also advise individual employees and independent contractors in the creation of restrictive covenants, trade secret or non-disclosure agreements, and independent contract disputes and determinations.

Utilizing strong trial backgrounds, attorneys in the Employment Litigation and Counseling Group are skilled negotiators and strong advocates. They have handled charges on behalf of individuals and corporations before various state and federal governmental agencies, including the Cook County Commission on Human Rights, the Illinois Department of Human Rights, the Equal Employment Opportunity Commission, the Illinois Department of Labor, the Illinois Department of Employment Security, the United States Department of Labor, and the United States Department of Justice.

With an eye on disposing of cases efficiently before trial, the Group’s attorneys have also successfully litigated matters in both state and federal courts. They have defended a wide range of employment cases, from single plaintiff allegations of discrimination (race, gender, age, national origin, disability, pregnancy), sexual harassment and hostile work environment, wrongful and retaliatory discharge, and denial of public accommodations, to collective wage and hour actions, commission disputes, breach of contract claims, employee privacy violations, restrictive covenants, non-compete and non-solicitation agreements. In collaboration with in-house legal counsel, executives, managers, and human resources professionals, the Group’s attorneys regularly defend claims under state and federal statutes, including:

  • Title VII of the Civil Rights Act
  • Age Discrimination in Employment Act
  • Americans with Disabilities Act
  • Wage and Hour Statutes
  • Family Medical Leave Act (FMLA)
  • Fair Labor Standards Act (FLSA)
  • Illinois Wage Payment and Collection Act
  • Illinois Minimum Wage Act
  • Illinois Trade Secrets Act


News

February 29, 2024
Sphar Co-Authors Article for the Illinois State Bar Association Business & Securities Law Forum
Swanson, Martin & Bell, LLP Partner Troy M. Sphar co-authored an article, "Ban on Employment Non-Competes Fail in New York, But Federal Threat Looms," for the Illinois State Bar Association's Business & Securities Law Forum.

Chicago, August 28, 2023
Two Associates Join Swanson, Martin & Bell, LLP
Swanson, Martin & Bell, LLP welcomes two associates, Karen V. Ramírez-Holt and Joshua R. Hubbs, to its Chicago office.

Chicago, December 9, 2021
Swanson, Martin & Bell, LLP Welcomes Lateral Associate, New Law School Graduates
Swanson, Martin & Bell, LLP announces that one lateral attorney and four new law graduates have joined the firm's Chicago office as associates.

Chicago, September 7, 2021
Fitzgerald Named One Of Crain's Chicago Business' Notable Rising Stars in Law
Fitzgerald is one of 74 Chicago attorneys selected for this honor, which recognizes attorneys who have been partners for five years or less and have demonstrated an impact at their firm and in the community.

Chicago, St. Louis, July 20, 2021
Skiko, Stephens Address Contractual Provisions That Can Hinder Litigation
Swanson, Martin & Bell, LLP is the founding and sole sponsor of the new Litigation Practice Area Network.

Chicago, St. Louis, April 14, 2021
Swanson, Martin & Bell, LLP Sponsors ACC St. Louis Litigation Seminar on Post-Pandemic Litigation
The panel will offer thoughts on how litigators will see their workday change or return to pre-pandemic practices, as well as ways courts will be affected and what new challenges litigators may face.

Chicago, February 19, 2021
Recent Law School Graduates Join Swanson, Martin & Bell, LLP
The four newly sworn in lawyers joined the firm's Chicago office as associates.

Chicago, February 2, 2021
Illinois Super Lawyers Recognizes 25 Swanson, Martin & Bell, LLP Attorneys
Swanson, Martin & Bell, LLP announces that 12 attorneys have been named n to the 2021 Illinois Super Lawyers list and 13 have been named to the Illinois Rising Stars list.


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Chicago, Lisle, Libertyville, Madison County, January 11, 2021
Swanson, Martin & Bell, LLP Attorneys Named Leading Lawyers, Emerging Lawyers for 2021
Those designated Leading Lawyers were recommended by their peers to be among the top lawyers in Illinois.

Chicago, September 8, 2020
Skiko Co-Authors ABA Article on Cannabis Usage and Employment Laws
Skiko and his co-authors asked "Are Employment Laws Getting Hazier?" in the September 2020 issue, which focuses on cannabis law and policy.

Chicago, July 6, 2020
Skiko Speaks to Illinois Security Professionals Association
Skiko's presentation is on "Employers in the Covid-19 Era: Small Businesses Didn't Bargain For This."

Chicago, March 31, 2020
CARES Act - Quick Help for Small Businesses
We encourage our clients in all industries to consider these questions as the economic ramifications of COVID-19 continue to be felt by all.

Chicago, November 20, 2019
Wisniewski Co-Chairs ABA Annual Law Student Trial Advocacy Competition
Teams from law schools across the country competed as plaintiffs and defendants in labor and employment-related matters.

Chicago, November 5, 2018
Wisniewski Co-Chairs ABA Annual Law Student Trial Advocacy Competition
Teams from law schools nationwide will compete as plaintiffs and defendants in labor and employment-related matters, with Wisniewski and fellow attorneys serving as judges and evaluators.

Chicago, September 27, 2018
Skiko Speaks to Illinois Security Professionals Association
Skiko's program is titled, "Putting the Urge to Fire on Ice; Think Before You Make Adverse Employment Decisions."

Chicago, September 13, 2018
Sphar Speaks at Illinois Podiatric Medical Association Meeting
Sphar's presentation focused on employment contracts and contract agreements.

Chicago, June 26, 2018
ABA Section on Labor and Employment Law Profiles Wisniewski in Member Spotlight
The Member Spotlight program is designed to focus attention on members and their work with the Section and Committees.

Chicago, October 31, 2017
Wisniewski Co-Chairs ABA Annual Law Student Trial Advocacy Competition
Teams from law schools nationwide will compete as plaintiffs and defendants in labor and employment-related matters.

Chicago, Indiana, October 6, 2017
Swanson, Martin & Bell, LLP Opens Indiana Office
The trial firm, which celebrates 25 years in business in 2017, already boasts more than 130 attorneys between its downtown Chicago headquarters and its other offices in Illinois and Missouri.

Chicago, October 2, 2017
Swanson, Martin & Bell, LLP Celebrates 25th Anniversary, Continued Growth
In recognition of its 25th anniversary year, Swanson, Martin & Bell, LLP has made a monthly donation to a non-profit with whom the firm has a strong relationship.

August 15, 2017
Chicago Daily Law Bulletin Highlights Appellate Court Ruling in Noncompete Case
According the article, "in a ruling that broke new legal ground Monday, a state appeals panel found that connecting with a former colleague on a social media platform is not enough to violate a noncompete agreement."

December 6, 2016
Employment Litigation and Counseling Newsletter: Supreme Court to Rule on Bathroom Use in School for Transgender Student
The December newsletter focuses on the Supreme Court's decision to rule on the use of bathrooms in school for transgender students.

November 9, 2016
Wisniewski Co-Chairs ABA Student Employment Trial Advocacy Competition
Teams from law schools nationwide competed as plaintiffs and defendants in labor and employment-related matters, with Wisniewski and fellow attorneys serving as judges and evaluators.

June 13, 2016
Employment Litigation and Counseling Newsletter: Recent Seventh Circuit Court of Appeals, Illinois Appellate Court Decisions and Their Effect on Employment Law
The Employment Litigation and Counseling Practice Group has released its June newsletter.

March 31, 2016
Skiko Addresses Hospitality Security Association on Common Legal Pitfalls
Skiko has defended the largest security services companies in the country.

December 16, 2015
Wisniewski Featured in ABA Member Spotlight for Labor and Employment Law
Wisniewski has been involved in the section since 2012.

November 24, 2015
Wisniewski, Skiko Judge ABA Student Employment Trial Advocacy Competition
Teams from law schools nationwide competed as plaintiffs and defendants in labor and employment-related matters, with Wisniewski, Skiko and fellow attorneys serving as judges and evaluators.

November 18, 2015
Employment Litigation and Counseling Newsletter: Practical Applications of the Americans with Disabilities Act, According to the Seventh Circuit
The Employment Litigation and Counseling Practice Group has released its November newsletter.

July 23, 2015
Employment Litigation and Counseling Newsletter: Prohibiting Employers From Asking “The Question”
The Employment Litigation and Counseling Practice Group has released its July newsletter.

May 13, 2015
Employment Litigation and Counseling Newsletter: It’s 10:00 a.m...Do You Know Where Your Employees Are?
The Employment Litigation and Counseling Practice Group has released its May newsletter.

March 9, 2015
Wisniewski Volunteers with "Lawyers in the Classroom" Program
Wisniewski discussed constitutional law issues with eighth grade students.

November 17, 2014
Wisniewski Judges ABA Student Employment Trial Advocacy Competition
Teams from law schools nationwide competed as plaintiffs and defendants in labor and employment-related matters, with Wisniewski and fellow attorneys serving as judges and evaluators.

October 21, 2014
Employment Litigation and Counseling Newsletter: Protecting Unpaid Interns and Accommodating Pregnant Women in the Workplace
The Employment Litigation and Counseling Practice Group has released its October newsletter.

October 21, 2014
Lateral Partner, Four Lateral Associates Join Swanson, Martin & Bell, LLP
All five attorneys practice in Swanson, Martin & Bell, LLP's Chicago office.

July 30, 2014
Employment Litigation and Counseling Newsletter: (Sick) Leave from Duty: A reasonable accommodation or paying an employee not to work?
When an employee is diagnosed with a serious medical ailment or disability that requires the employee to be out of work for a prolonged period of time, how much leave must an employer provide?

April 30, 2014
Employment Litigation and Counseling Newsletter: Discrimination Based on Different Skin Color Within the Same Race is Actionable
Also, the U.S. Supreme Court has clarified tax rules for certain severance payments.

February 28, 2014
Employment Litigation and Counseling Newsletter: When Can You Terminate an Employee with a Medical Condition?
The February/March issue of the Employment Litigation and Counseling Newsletter offers practical tips for employers with new case law in mind.

November 20, 2013
Wisniewski Judges ABA Student Employment Trial Advocacy Competition
Teams from law schools nationwide will compete as plaintiffs and defendants in labor and employment-related matters, with Wisniewski and fellow attorneys serving as judges and evaluators.

November 18, 2013
Swanson, Martin & Bell, LLP Welcomes Three Associates
The firm welcomes three associates, including two who were recently sworn in to the Illinois Bar.

October 31, 2013
Employment Litigation and Counseling Newsletter: Does Your Company Have a Social Media Policy in Place?
Given the high number of users and the potential impact of social media on the workplace, it is increasingly apparent that social media policies are becoming a necessity for each workplace

September 11, 2013
Swanson, Martin & Bell, LLP Wins Not Guilty Verdict in ADA Case
Swanson, Martin & Bell, LLP represented the client at both the administrative level before the Equal Employment Opportunity Commission and through to verdict.

August 28, 2013
Employment Litigation and Counseling Newsletter: Good News and Bad News for Illinois Employers
Swanson, Martin & Bell, LLP’s Employment Litigation and Counseling Practice Group has prepared its inaugural newsletter.

July 9, 2013
Seven Lateral Attorneys Join Swanson, Martin & Bell, LLP
Four partners and three associates have recently joined the firm's Chicago office.


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