Walker Roberts LLP Chicago Business Law Attorney | Real Estate | Employment Law 2026-04-17T05:51:46Z https://www.walkerrobertsllp.com/feed/atom/ WordPress On Behalf of Walker Roberts LLP <![CDATA[What are the differences between asylum and refugee status?]]> https://www.walkerrobertsllp.com/?p=47903 2025-12-30T11:50:27Z 2025-12-30T11:50:27Z Asylum is for people already in the country The location of an individual while securing immigration protection is a large part of what separates asylum from refugee protection. Typically, refugees apply for protection while they are still in another country. They may not necessarily be in their country of origin. Instead, they may be in another country because they had to flee their country of origin. Refugees granted permission to enter the country can then live and work in the United States. They must show that their circumstances warrant special humanitarian concern from the United States. Asylum typically requires that people apply for protection while already residing in the United States. Frequently, they submit paperwork at a major port of entry that allows them to remain in the country until circumstances change in their country of origin.

How do people prove they qualify?

Both asylees and refugees must have compelling evidence of ongoing persecution or a significant and credible threat of persecution in their country of origin. Police reports from unfair arrests, medical records after violent incidents, news reports and even personal testimony can help substantiate claims of prior or likely future persecution in another country. Partnering with an immigration attorney can make it easier for people to understand asylum and refugee status. Especially with the heightened scrutiny applied to immigration cases under current federal policies, those who are at risk if they face a forced return to their country of origin may need help building their case. Proper advocacy can make it easier for people to gather necessary documentation and to present a compelling case. Those seeking protection from persecution in another country may need assistance understanding their rights and navigating the complex immigration process required of those fleeing persecution elsewhere, and that’s okay. Seeking personalized legal guidance is always an option.]]> On Behalf of Walker Roberts LLP <![CDATA[Are non-competes still enforceable in Illinois?]]> https://www.walkerrobertsllp.com/?p=47902 2025-12-29T15:08:59Z 2025-12-29T15:08:59Z There are salary requirements The Illinois Freedom to Work Act protects workers from unfair limitations on their economic opportunities. It restricts the blanket use of restrictive covenants, especially for workers who receive relatively low salaries. The law establishes clear salary thresholds for both noncompete agreements and non-solicitation agreements. The law mandates a minimum salary of $75,000 for a worker to be subject to a noncompete agreement, and the law also establishes a $5,000 increase to that baseline salary every five years. The salary threshold for non-solicitation agreements is slightly lower, at $45,000 initially. It is also subject to rules allowing for the minimum salary to increase every five years by $2,500 until 2037.

There are notification requirements

Employees considering jobs that may limit their future professional opportunities have a right to know about that risk. Employers must notify workers in writing at least 14 days before they begin their new position about the restrictive covenants included in the contract. The failure to do so may limit the enforceability of the agreement. Similarly, those paid a salary that does not meet the baseline requirements could potentially avoid the enforcement of a restrictive covenant if their former employers try to take them to court. If the agreement is overly broad or restricts worker options for an unreasonable amount of time, it may be unenforceable in civil court. Learning more about Illinois's unique approach to these powerful employment contract inclusions can help businesses protect their interests without violating the law. Legal guidance is critical when reviewing an employment contract and the restrictive covenants it contains to determine if enforcement is possible.]]> On Behalf of Walker Roberts LLP <![CDATA[Employer guide: Handling illness-related job performance legally]]> https://www.walkerrobertsllp.com/?p=47901 2025-11-03T16:16:52Z 2025-11-03T16:16:52Z Clarifying your legal obligations Under the ADA and the Illinois Human Rights Act (775 ILCS 5/), you must offer reasonable accommodations to qualified employees with disabilities. Still, the law will not force you to keep an employee who cannot perform the main duties of the job, even after you have tried to help. Before you decide what to do next, follow a clear and simple plan. These steps protect your company and lower your risk:
  • Confirm the employee’s essential functions.
  • Explore possible accommodations early.
  • Document every discussion, evaluation and accommodation offered.
  • Reassess whether continued employment supports business needs.
These actions prove that you acted in good faith. If they still cannot perform their role, this record shows that your decisions are fair, data-driven and defensible. It also gives you evidence to rely on if a dispute comes up later.

When ethics meets business realities

Even when separation is the right choice, treat the employee with respect and care. Honest communication, consistent documentation and fair evaluations show professionalism and help preserve workplace trust. Both the Equal Employment Opportunity Commission (EEOC) and the Illinois Department of Human Rights (IDHR) watch disability discrimination claims closely. A single mistake can lead to major legal or reputational costs. Talk with an employment lawyer before you take final action. Health-related performance issues test your leadership. Keep your policies updated, train your managers and get legal guidance early. These habits help your company stay compliant and make confident, ethical decisions.]]> On Behalf of Walker Roberts LLP <![CDATA[Going to court to terminate a contract after a breach]]> https://www.walkerrobertsllp.com/?p=47899 2025-09-25T19:44:13Z 2025-09-25T19:44:13Z What benefits come from contract termination? Requesting the termination of an otherwise valid contract could result in a judge ordering contract rescission. That effectively eliminates both parties’ obligations to one another and severs the working relationship. Contract rescission may accompany an order to refund deposits or otherwise address one party's attempts to fulfill the contract while the other was in breach. Rescission is valuable, as it prevents the company impacted by the breach of contract from facing claims from the other party later. When a service provider, vendor or employee has proven irresponsible or untrustworthy, continuing to do business with them may not be in the organization’s best interests. If a judge eliminates contractual obligations, then there is no risk of a future breach of contract lawsuit brought by the other party. Understanding the ways that business litigation can help resolve contract disputes can be beneficial for frustrated business leaders. The elimination of contractual obligations can be a positive outcome in certain scenarios.]]> On Behalf of Walker Roberts LLP <![CDATA[What is a visa overstay in the U.S?]]> https://www.walkerrobertsllp.com/?p=47883 2025-09-12T03:48:40Z 2025-09-12T03:48:40Z When you are granted a visa to enter the United States, it comes with a specific expiration date. Staying beyond that authorized period, even for a short time, is considered a visa overstay. This situation is not uncommon, but it can carry serious consequences for your future immigration options. Under federal law, remaining in the U.S. past the permitted date is grounds for removal. What may feel like a small issue, such as missing the deadline by a few weeks, can create challenges that impact work, travel and even the ability to return to the country in the future.

Why overstaying matters

The effects of overstaying a visa often depend on how long you remain past the expiration date. The law places strict rules on this; even unintentional overstays can create long-term barriers. 
  • Short overstays: Even if the delay is only a few days, it still creates a violation of your status.
  • Over 180 days: Staying this long without legal permission can result in a three-year ban from re-entering the U.S. once you leave.
  • Over one year: Overstaying this long may trigger a ten-year bar from returning.
These penalties can affect your ability to apply for new visas, adjust your status or seek other forms of immigration relief. Even in cases where you qualify for opportunities such as family or employment sponsorship, a prior overstay can complicate the process. Modern systems make it nearly impossible for an overstay to go unnoticed, and once it is recorded, it remains part of your records and history. Finishing your stay within the allowed period protects you from these risks.  Suppose you are already in an overstayed-visa situation; it helps to get legal guidance to understand the next steps. Having someone review your situation, explain the rules and point you toward potential solutions can bring clarity at a time when things may feel uncertain.]]> On Behalf of Walker Roberts LLP <![CDATA[A solid partnership agreement can save you a lot of trouble]]> https://www.walkerrobertsllp.com/?p=47884 2025-08-28T20:40:42Z 2025-08-28T20:40:42Z You and your business partners are perfectly aligned. You have a brilliant idea, complementary skills and a high level of trust. With all that chemistry, a formal agreement might seem unnecessary. After all, what could go wrong when you’re all committed to the same goal? While optimism fuels entrepreneurship, a comprehensive partnership agreement acts as a safety net, protecting the business from disputes among partners.

Why verbal agreements aren’t enough

A handshake agreement with your business partners may seem easy and convenient, but it might leave some loopholes. For instance, what happens if one partner wants out or if someone stops pulling their weight, yet you had not addressed this beforehand?  You may find yourself locked in an unnecessary legal battle. Additionally, it can be challenging or impossible to prove what you agreed to if you don’t have it in writing. Memories fade, stories change, and it often comes down to one partner’s word against another’s. The ensuing uncertainty can put your business at risk and leave you spending more time and money fighting than running the company you worked so hard to build. Remember, Illinois’ default law applies whenever business partners fail to outline their own terms in a partnership agreement. You risk being stuck with rules that clash with your goals or make little sense for the business.

Do not leave anything to chance

A solid partnership agreement doesn’t just safeguard your business. It also protects your relationship with your partners by reducing the chances of misunderstandings turning into full-blown disputes. Reaching out for qualified legal guidance can help you craft a legally enforceable document tailored to your partnership and its long-term vision. It doesn’t mean you expect conflict; it means you’re smart enough to prepare for any eventuality.]]> On Behalf of Walker Roberts LLP <![CDATA[Can you sue if your business partner leaves?]]> https://www.walkerrobertsllp.com/?p=47885 2025-08-20T19:31:32Z 2025-08-20T19:31:32Z You initially started your business with a partner. The two of you, working together, were able to find a significant level of success. But then your business partner left the company without warning. This has significantly harmed the business and your income. You believe they have abandoned the company, and you want to know if it is possible to sue.

Did they have a partnership agreement?

The first thing to consider is whether there was an official agreement that the two of you signed, defining your roles and duties within the business. If so, this contract may also state the reasons that a partner can leave the company and the steps they need to take to do so. If your partner simply left without warning, thus violating this contract, you may be able to sue them.

Was it for their own personal gain?

You may also be able to argue that they had a fiduciary duty to put the company first and that they violated that by acting in a way that prioritized their own financial gain. For example, perhaps they left the business and are now using your trade secrets to start their own company—without your involvement as a partner. Not only have they abandoned your partnership, but they have created competition that could put you out of business. Similarly, you may allege that they stole business funds or assets when they abandoned the partnership. If so, you may be able to sue on the grounds of embezzlement or theft.

Your legal options

As you can see, this is a complex situation, and your options will depend on a variety of different factors. Just be sure you know what legal steps to take.]]> On Behalf of Walker Roberts LLP <![CDATA[3 critical steps toward naturalized citizenship]]> https://www.walkerrobertsllp.com/?p=47886 2025-07-31T14:37:15Z 2025-07-31T14:37:15Z Many people born in other countries dream of becoming United States citizens. The legal process of acquiring citizenship, called naturalization, is somewhat lengthy.  Not every immigrant qualifies for citizenship. Factors, including the duration of their time in the United States and their criminal record, may influence their eligibility. They also have to follow a very specific process to become a naturalized citizen.  What steps are mandatory when foreign nationals want the protections and rights that come from United States citizenship? 

1. Petitioning the USCIS

The United States Citizenship and Immigration Services (USCIS) helps enforce immigration policies. The USCIS oversees the naturalization process when immigrants want to become citizens. Immigrants must submit a petition to the USCIS and pay a fee to begin the naturalization process. 

2. Passing the naturalization tests

If the USCIS determines that an immigrant is eligible for naturalization, then an interview is necessary. At that interview, the immigrant usually answers questions about their personal history and plans for the future.  They also have to complete two tests. Immigrants must demonstrate proficiency in the English language and must pass a Civics test as well. 

3. Taking the official oath

If an immigrant meets the necessary standards and successfully passes the naturalization tests, then the next step in the process is to take an oath to become a citizen. Immigrants completing the naturalization process must promise to uphold the Constitution.  The naturalization process is a lengthy one, and there are many opportunities for small mistakes. Acquiring the support of a legal professional may make it easier for immigrants to complete all of the necessary steps to become United States citizens.]]> On Behalf of Walker Roberts LLP <![CDATA[Can getting married help you get a green card?]]> https://www.walkerrobertsllp.com/?p=47887 2025-07-23T15:13:39Z 2025-07-23T15:13:39Z A green card authorizes you to be a permanent resident of the United States. You’re not a full citizen, but this is a step up from simply living and working in the United States on a visa. If you have a green card, you don’t have to worry about satisfying visa requirements in the same specific ways. One way to become a permanent resident is to get married. If you marry someone who is a citizen, then they can use their status to petition on your behalf. This increases the chances that the government will grant your green card and allow you to become a permanent resident so that you can live with your new spouse. This is especially important for those who are considering families and having children.

You may go through a green card marriage interview

One step that you may need to take at this time is to go through a green card marriage interview. This isn’t a test that you can study for, like the citizenship test. Instead, it’s just a chance for the interviewer to determine if your marriage is legitimate or if you’re just using it as an excuse to get a green card. They’ll often just ask you questions about your daily life. What do the two of you do for fun? Where did you go on your first date? What are your plans for the future? What are your roles or responsibilities in the home? When did you meet each other’s extended families? The interviewer is likely just looking for consistency in your story. As you go through this process, it’s very important to understand all of your legal options, as getting a green card can have a major impact on your future.]]> On Behalf of Walker Roberts LLP <![CDATA[Expunged convictions can still be evidence during deportation]]> https://www.walkerrobertsllp.com/?p=47888 2025-07-11T13:39:47Z 2025-07-11T13:39:47Z Many individuals pursue expungement to move on from past mistakes and gain access to new opportunities. In some situations, this process can seal a criminal record from public view. However, immigration authorities may still access these records, and expunged convictions can play a role in removal proceedings. In immigration cases, federal agencies are not bound by state expungement laws. This means that even if your conviction was removed from public databases, immigration officials may still consider it when deciding whether to initiate or proceed with deportation.

Examples of convictions that could still be used against you

Expunged convictions do not automatically disappear in immigration proceedings. Several types of criminal offenses may still appear and influence the outcome of a removal case.
  • Controlled substance offenses: A drug possession conviction that was later expunged may still qualify as grounds for deportation. Immigration officials can review the original court documents and use them as evidence.
  • Crimes involving moral turpitude: Offenses such as fraud, theft or domestic violence may continue to count against you even if expunged. These convictions can signal bad character or a pattern of behavior.
  • Aggravated felonies: Serious criminal offenses, including certain violent crimes or repeated offenses, can lead to removal. Expungement often carries little to no weight when dealing with these charges under immigration law.
  • Multiple convictions: If a person has more than one conviction, even if all are expunged, the pattern of behavior may be considered during deportation review.
  • Record under seal: When a record is sealed rather than destroyed, it remains accessible to government agencies. Immigration authorities can request and review this sealed information.
If you are concerned about how a past conviction may affect your immigration status, seeking legal guidance can be helpful. Even expunged offenses can resurface and complicate your defense in immigration cases. Knowing what can be used against you may help you prepare for what lies ahead.]]>