Stacey Smiricky Discusses Latest Legal Trends Affecting Illinois Employers in XpertHR

In January 2014, Faegre Baker Daniels labor and employment partner Stacey Smiricky was featured in XpertHR on notable changes affecting employers in Illinois, which experienced many employment law changes in 2013. Smiricky noted that in Illinois, as well as nationwide, Affordable Care Act compliance will continue to be a number one concern for HR departments this year.

Specific to Illinois, Smiricky said a new law allowing public possession of concealed guns could be a challenge for employers. The law does allow employers to prohibit weapons on their property, but they are required to post a sign at the building entrance to indicate that carrying firearms is prohibited. In 2013, Illinois also became the 20th state to legalize medical marijuana. "All Illinois employers are watching medical marijuana law and issues that will arise with workplace enforcement of drug-free policies," Smiricky said. "Employers must remember, though, that the law does not prohibit an employer from enforcing a policy concerning drug testing, zero tolerance or a drug free workplace provided the policy is applied in a nondiscriminatory manner."

Smiricky stressed that nationwide, the biggest mistake employers continue to make is failure to document performance issues prior to terminating an employee. "A down economy generally results in more employment litigation," Smiricky says. "It seems that any termination can turn into a lawsuit." Smiricky emphasized the importance of conducting routine training on best practices for documenting performance issues.