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Employee Handbooks - Work Rules - Employee Conduct: Illinois

Employee Handbooks - Work Rules - Employee Conduct requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Steve Miller and Theresa Essig, Fisher Phillips

Summary

  • Illinois is an at-will employment state. See At-Will Employment.
  • Under Illinois law, provisions of an employee handbook or other employer policy statement may constitute an implied employment contract. Merely inserting a disclaimer into such a policy statement or handbook may not be sufficient to escape a finding by a court that an employment contract exists. See Implied Employment Contracts and Disclaimers.
  • Any workplace rules must not violate the Illinois Human Rights Act, which is the state-law equivalent to Title VII of the Civil Rights Act of 1964. See Work Rules and the Illinois Human Rights Act.
  • Illinois' Drug Free Workplace Act requires covered employers to establish a drug free workplace policy. See Drugs in the Workplace.
  • The Illinois Clean Indoor Air Act prohibits smoking in public places, including places of work and other commercial facilities, except in designated non-smoking areas. See Smoking.
  • In Illinois, it is generally a criminal offense to eavesdrop on the conversations or electronic communications of others without their consent or judicial authorization. An exception is provided for employers in certain industries. See Electronic Monitoring of Employees.
  • Illinois employers must obtain employee consent before videotaping employees in restrooms, locker rooms, or changing areas. See Video Surveillance.
  • Illinois' One Day Rest in Seven Act requires that employees receive at least 24 consecutive hours of rest in every calendar week in addition to the regular period of rest allowed at the close of each work day. See Work Schedules and Shifts.
  • Illinois law prohibits employers from discriminating against employees for activities performed outside of work. See Legal Non-Work Activities.