Wiczer | Jacobs LLC Wiczer Jacobs LLC 2026-08-14T13:56:37Z https://www.wjlawfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1504084/2024/05/cropped-siteicon-32x32.png On Behalf of Wiczer | Jacobs LLC <![CDATA[What should employers document before termination?]]> https://www.wjlawfirm.com/?p=48826 2026-07-30T15:26:25Z 2026-07-30T15:26:25Z Performance records A well-documented performance history helps show that you based your decision on objective reasons rather than a single event. Make sure you have:
  • Performance reviews
  • Coaching notes
  • Records of missed expectations
These can show that concerns developed over time and that the employee had opportunities to improve Keep your notes specific and factual. Record specific dates, expectations discussed and any follow-up conversations. These details make it easier to explain how you reached your decision if questions arise later.

Policy violations

Records of workplace policy violations show that you communicated your expectations and applied them consistently. Keep copies of:
  • Written warnings of violations committed
  • Disciplinary notices the employee received
  • Acknowledgments from the employee
Illinois is generally an at-will employment state. This means you can usually end employment without a contract or a specific reason. However, state and federal laws still prohibit discrimination, retaliation and other unlawful terminations. Consistent records help show that your decision was based on legitimate reasons.

Communication history

Written communication adds important context when performance or conduct concerns lead to termination. Save records such as:
  • Emails
  • Meeting summaries
  • Written follow-ups
  • Responses the employee sent
Keep these as conversations happen instead of trying to recreate them later. Notes made while events are unfolding create a more reliable record. They also help explain what happened if someone later questions your decision.

Build a stronger foundation before making a decision

Good documentation should be part of your everyday approach to managing employees. Don't wait until a termination becomes necessary to think about your recordkeeping. Reviewing your procedures with an attorney from time to time can help you identify gaps, update your practices and reduce the risk of disputes.]]> On Behalf of Wiczer | Jacobs LLC <![CDATA[How can you protect your business from fraudulent invoicing?]]> https://www.wjlawfirm.com/?p=48820 2026-07-10T08:14:57Z 2026-07-10T08:12:49Z What is fraudulent invoicing? Fraudulent invoicing occurs when someone submits false, inflated or duplicate charges to collect money a business does not owe. What separates it from a billing error is intent. A clerk who enters an amount twice has made a mistake. A supplier who knowingly bills for goods never delivered has committed fraud. The distinction matters because proving fraud requires evidence of a deliberate misrepresentation rather than a simple error.

Which schemes drain company funds?

Invoice fraud can take several recognizable forms, and each exploits a different weakness in the way businesses approve and pay bills.
  • Shell-vendor billing, where an insider approves invoices from a supplier that exists only on paper
  • Inflated charges from a genuine vendor that overstate quantities, hours or unit prices
  • Duplicate submissions of one charge, timed so a busy department pays it twice
  • Payment redirection through business email compromise, where an outsider posing as a known supplier asks that funds move to a new account
Although these schemes differ, they all rely on bills appearing routine enough to avoid immediate scrutiny. Recognizing the warning signs behind each tactic can help your business spot unusual billing activity before it sends additional funds.

Can you prevent this internally?

Most invoice fraud succeeds because one person controls too much of the payment process or key steps go unchecked. The following controls can help reduce those opportunities:
  • Separating responsibility for approving invoices, adding vendors and releasing money
  • Three-way matching that compares the bill, purchase order and receiving record before funds are issued
  • Approval thresholds that require a second reviewer for larger or unusual funds
  • Positive pay with your bank, which flags checks and transfers that do not match approved payment information
Even well-designed procedures depend on consistent use. Regular training and periodic reviews help employees recognize suspicious activity and report it immediately.

What are your legal options if this happens?

You may have grounds to file a civil fraud claim, which generally requires proving that someone knowingly made a false representation, you reasonably relied on it and your business suffered a financial loss as a result. If a legitimate supplier overbilled you or failed to honor the terms of a contract, a breach-of-contract claim might be the more appropriate course. Your response can also vary based on the source of the fraud. An employee who created a fictitious vendor may face claims for breach of the duty of loyalty and conversion, along with a criminal referral for theft. If an outsider redirected your payment through deception, contacting your bank and law enforcement promptly may help limit the damage. Time is another important factor. Depending on the type of claim, Illinois law may allow up to five years to file certain fraud-related lawsuits, and the filing period may not begin until you discovered or reasonably should have discovered the wrongdoing.]]> by Wiczer | Jacobs LLC <![CDATA[Wiczer Jacobs LLC is pleased to announce that Alyssa M. Rosch has joined the firm as An Attorney Associate]]> https://www.wjlawfirm.com/?p=48810 2026-06-17T16:59:41Z 2026-06-17T16:39:37Z On Behalf of Wiczer | Jacobs LLC <![CDATA[Have you considered what happens to your business when you retire?]]> https://www.wjlawfirm.com/?p=48792 2026-06-10T11:49:38Z 2026-06-10T11:49:38Z What is succession planning and why does it matter? Succession planning involves creating a structured strategy for transferring leadership and ownership of your business. This process typically includes identifying potential successors, developing their skills and preparing them for increased responsibilities over time. You might consider family members, key employees or even external candidates as potential leaders. Without a solid succession plan, your business might face serious risks. Leadership gaps could create uncertainty among employees and clients. The company's value may decline if there is no clear path forward. Perhaps most concerning is that your life's work could be sold for less than its true worth or dissolved entirely if no one is prepared to take the helm.

What are its benefits?

When you invest time in succession planning, you could create stability for everyone involved. Your employees might also gain confidence knowing the business has a secure future. Clients and partners could feel reassured about continued service and relationships. You could also position your business to maximize its value when the time comes to transition. Tax efficiency is highly dependent on structure. Proper planning utilizing statutory legal frameworks, such as structured buy-sell agreements, family limited partnerships, or specialized trusts, can help manage and minimize federal capital gains and estate taxes, as well as the Illinois estate tax threshold. You could consider gradual ownership transfers, trusts or other structures that align with your financial goals. Succession planning could also give you control over timing. While you cannot control the timing of unexpected health crises or emergencies, a succession plan ensures that if a sudden exit is forced upon you, a legal and operational framework is already in place to protect the business. This flexibility allows you to mentor your successor and ensure a smooth transition.

Taking the first step

Starting the succession planning process might seem overwhelming, but you do not have to tackle it alone. Consider consulting with professionals who can help you evaluate your options. They could develop a customized plan that protects your interests and secures your legacy.]]> On Behalf of Wiczer | Jacobs LLC <![CDATA[I suspect my business partner is draining company funds, what can I do?]]> https://www.wjlawfirm.com/?p=48782 2026-05-13T12:54:05Z 2026-05-13T12:54:05Z You notice odd withdrawals from your business accounts and your partner cannot explain where the money went. Bills go unpaid while your partner makes personal purchases using company credit cards. Bank statements show transfers to accounts you do not recognize. These warning signs may mean your business partner is using company funds for personal benefit.

Signs your partner is misusing company funds

Business partners owe each other duties of loyalty and honesty when handling company finances. Certain behaviors signal possible financial problems:
  • Unexplained withdrawals: Large cash withdrawals or transfers appear on bank statements without clear business reasons or supporting records.
  • Missing records: Your partner refuses to provide receipts, invoices or explanations for expenses they approved or paid.
  • Personal expenses: Company funds pay for your partner's personal items, family vacations or luxury purchases not related to business needs.
  • Blocked access: Your partner changes passwords, removes you from bank accounts or stops you from reviewing financial records.
  • Odd profits: Revenue seems strong but the business always lacks cash or cannot pay bills on time.
Illinois law requires business partners to act in the company's best interests and handle funds properly. Using company funds for personal gain breaks the duties your partner owes to you and the business.

Your options for emergency relief

You can demand a formal accounting that requires your partner to provide detailed records of all transactions. Illinois courts can freeze business accounts and appoint temporary managers to stop further damage while your case moves forward. In serious cases, you might seek to dissolve the partnership or buy out your partner's interest. Courts can order your partner to repay misused funds plus interest and damages. Acting quickly matters because delays can lead to further financial misuse. Legal help can aid you in protecting business assets and holding partners responsible for misconduct.  ]]> On Behalf of Wiczer | Jacobs LLC <![CDATA[What are the common “reasonable” limits for noncompete clauses?]]> https://www.wjlawfirm.com/?p=48776 2026-04-17T14:11:31Z 2026-04-17T14:11:31Z Understanding a reasonable scope For a noncompete to hold up in an Illinois court, the restrictions must be "reasonable" and narrowly tailored to protect a real business interest. Judges look for a fair balance that protects your company without stopping a person from earning a living entirely. Common reasonable limitations often include:
  • A specific timeframe: This refers to the duration of the work ban. Restrictions on performing similar work for a competitor typically last between six months and two years from the date the employment ends, as Illinois courts often view a longer "blackout period" on starting a new job as excessive.
  • Defined geographic reach: This limits where the person can work. The area should be limited to the specific cities or counties where your business actually operates or where the worker had a direct impact.
  • Specific job activities: This defines the type of work they cannot do. The contract should only bar the person from performing tasks that directly compete with your specific services, rather than a total ban on their entire profession.
In Illinois, these clauses are enforceable under law. It's allowable as long as the restrictions do not go beyond what is necessary to protect the business or place an unfair burden on the worker.

Avoid including unfair clauses

Your team should feel valued and respected throughout their entire time with your company, even for the ones who eventually choose to move on to new opportunities. That can mean using clear language on noncompete agreements that focuses on protecting your specific trade secrets rather than using broad, scary terms that hinder a person's career. Taking the time to draft these documents correctly allows you to protect your business while maintaining the professional and human relationships that help your brand grow.]]> On Behalf of Wiczer | Jacobs LLC <![CDATA[Does a business stay in the family without a succession plan?]]> https://www.wjlawfirm.com/?p=48764 2026-03-18T09:09:37Z 2026-03-18T09:09:37Z Many business owners spend years building something that supports both their livelihood and their family. Over time, that business can become part of a legacy. Owners may assume the business will naturally pass to children or relatives, but the law does not always support that expectation. Without a clear succession plan, even close-knit families can face conflict or outcomes that do not reflect the owner’s intent.

What happens without a formal succession plan

In Illinois, a business does not automatically stay within the family when an owner passes away or steps down. Instead, state law and existing legal documents control what happens next. If the owner has no will or trust, intestacy laws determine how assets transfer. These laws may divide ownership among heirs in ways that create shared control, even if that was never the goal. Even when a will exists, it may not address key business concerns. A will can transfer ownership, but it does not prepare successors to lead or outline how the transition should unfold. As a result, the business may struggle during a critical period.

Key elements that shape a smooth transition

A thoughtful succession plan does more than name a successor. It creates structure and clarity for both the business and the family. Owners often consider several components to guide the process:
  • A buy-sell agreement that defines how ownership interests transfer
  • A clear leadership plan that identifies who will manage daily operations
  • Valuation methods to avoid disputes over the business’s worth
  • Training or mentorship to prepare the next generation
  • Coordination with estate planning tools such as trusts or powers of attorney
Each of these elements helps reduce uncertainty and protect the business from disruption. Together, they can align legal, financial and personal goals.

A clear plan keeps the business moving forward

Succession planning allows Illinois business owners to stay in control of what happens next. It offers a way to preserve both the business and family relationships through clear direction and preparation. While no plan can remove every challenge, a well-structured approach can reduce risk and provide stability during change. Taking the time to plan now can help the business continue to reflect the values and vision that built it. For guidance tailored to specific goals and circumstances, seeking experienced legal support can make a meaningful difference.]]> On Behalf of Wiczer | Jacobs LLC <![CDATA[The current reality of at-will employment in Illinois]]> https://www.wjlawfirm.com/?p=48755 2026-02-03T16:20:54Z 2026-02-03T16:20:54Z The growing list of untouchable activities Illinois’ employment law landscape is seeing changes this year. To give you an idea of what to expect, here are some of the major updates:
  • Illinois Human Rights Act: Firing based on protected classes or artificial intelligence bias
  • Workplace Transparency Act: Retaliating against employees for concerted activities
  • Family Neonatal Intensive Care Leave Act: Dismissing eligible employees who take 10 to 20 days of leave to care for a child in the Neonatal Intensive Care Unit (NICU)
  • Victims’ Economic Security and Safety Act: Removing employees who used work devices to document domestic or gender-based violence against themselves
Even with the at-will principle in place, you must be careful when terminating employment. The stakes have gone higher, and a single misstep can result in costly penalties that hurt your company’s financial health.

Moving forward without the risk

Updating your company’s handbook to reflect the new mandates is a must. Consider conducting management training to prepare managers if an issue arises. To ensure your revisions comply with statutes, seeking advice from an employment attorney can offer clarity. Legal counsel can be a valuable resource for navigating Illinois’ rapidly evolving employment landscape.]]> On Behalf of Wiczer | Jacobs LLC <![CDATA[Wiczer Jacobs LLC is pleased to announce that Matthew J. Roberts, Has Joined The Firm As An Attorney Associate]]> https://www.wjlawfirm.com/?p=48748 2026-01-23T18:22:49Z 2026-01-23T18:22:49Z On Behalf of Wiczer | Jacobs LLC <![CDATA[Preparing to sell a small business at a profit ]]> https://www.wjlawfirm.com/?p=48726 2026-01-17T16:52:37Z 2026-01-17T16:52:37Z Selling a small business at a profit rarely happens by accident. This turn of events usually unfolds as the result of planning, organization and strategic decision-making well before a deal is on the table.  Many owners who have never sold a small business before understandably overlook several steps that make a business attractive and valuable to buyers. Yet, preparing early can significantly increase both a potential sale price and the likelihood of a smooth transaction.

Getting ready

One of the first priorities that small business owners should focus on involves cleaning up financial records. Buyers want clarity and confidence. Accurate, consistent financial statements, tax returns and expense documentation can allow a buyer to understand cash flow and assess risk. Blurred personal and business expenses or incomplete records can reduce value or delay negotiations. Establishing clear financial separation and reliable reporting often inspires credibility and supports stronger valuations. Operational stability should be another primary consideration. A business that relies heavily on an owner’s personal involvement may appear risky to buyers. Documented processes, trained staff and defined roles demonstrate that the business can continue operating after a sale. Additionally, contracts with customers, suppliers and vendors should be reviewed to confirm they are transferable or assignable, as non-transferable agreements can reduce value. Legal readiness is also important. Buyers often uncover issues during due diligence that affect price or terms. Reviewing corporate records, ownership documents, licenses and intellectual property with a skilled legal team ahead of time allows problems to be addressed proactively. Outstanding disputes, unclear ownership of assets and compliance gaps can otherwise undermine a sale or lead to unfavorable concessions. Business owners should also consider timing and market conditions. Selling when revenue is stable or growing generally produces better outcomes than selling during a downturn or after key clients have left. Preparing for a sale may involve improving margins, diversifying revenue sources and addressing customer concentration risks to make the business more resilient and appealing accordingly. Preparing to sell a small business at a profit requires more than finding a buyer. It involves aligning financial, operational and legal approaches to support value and reduce risk. Seeking personalized legal guidance is a great way to get started in re: achieving these goals.  ]]>