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Understanding the Essentials of Eviction: Legal Insights from Clayborne and Wagner

Understanding the Essentials of Eviction: Legal Insights from Clayborne and Wagner

by | Jan 22, 2024 | News & Events

By: Bryce Lickfield

Evictions, a last resort in landlord-tenant relationships, are often necessary when a tenant fails to meet their rental obligations. In St. Clair County, Illinois, the process of eviction is governed by strict legal guidelines that must be adhered to for a successful and lawful eviction. This article aims to shed light on the crucial steps and legal intricacies involved in this process.

Why Evictions May Be Necessary

The primary reason for eviction is the failure of a tenant to pay rent. This not only disrupts the financial stability of the landlord but also violates the rental agreement, warranting legal action. However, landlords must understand that eviction is a legal process and cannot be executed arbitrarily or hastily.

The Legal Framework for Evictions in St. Clair County

St. Clair County, like all jurisdictions, has specific rules and procedures for eviction. These rules are designed to protect both the landlord and the tenant, ensuring fair treatment and due process. Key steps in the eviction process include providing proper notice to the tenant, filing an eviction lawsuit, and obtaining a court order.

The Role of an Attorney in Eviction Proceedings

Given the complexity and legal sensitivity of evictions, it’s often prudent for landlords, especially those operating apartment complexes or corporate entities, to seek legal assistance. An attorney can ensure that all procedures are correctly followed, thereby minimizing the risk of delays, legal challenges, or potential financial losses.

How Clayborne and Wagner Can Help

At Clayborne and Wagner, we specialize in providing comprehensive legal support for eviction cases. Our team, led by Bryce Lickfield, is well-versed in the nuances of St. Clair County’s eviction laws and can guide you through every step of the process.

Eviction is a challenging and intricate legal procedure. Ensuring that you are on the right side of the law is crucial. Contacting an experienced attorney can be the key to a smooth and effective eviction process.


A General Overview of the Eviction Process

The eviction process, while varying in specifics from one jurisdiction to another, generally follows a set of common steps. Understanding these steps is crucial for landlords to ensure they are conducting evictions in a lawful manner.

1. Lease Violation Identification

The process typically begins when a tenant violates the terms of the lease, most commonly through non-payment of rent. However, other violations like property damage or illegal activities on the premises can also be grounds for eviction.

2. Issuing a Formal Notice / 5-Day Notice

Before any legal action can be taken, the landlord must provide the tenant with a formal notice. This notice serves as a warning and often gives the tenant an opportunity to rectify the violation, whether it’s paying the overdue rent or addressing another breach of the lease.

3. Filing an Eviction Lawsuit

If the tenant fails to comply with the notice, the landlord can then proceed to file an eviction lawsuit. This step involves submitting the necessary documents to a court and awaiting a hearing date.

4. Court Proceedings

During the court hearing, both the landlord and tenant have the opportunity to present their case. The judge will examine the evidence and arguments to determine whether an eviction is legally justified.

5. Execution of Eviction

If the court rules in favor of the landlord, an eviction order is issued. This order is typically enforced by local law enforcement, ensuring that the eviction is carried out legally and safely.

6. Post-Eviction Procedures

After the eviction, there may be additional procedures related to property retrieval, damage assessments, or financial settlements, depending on the circumstances of the eviction. Most importantly, you have your property back and can resume your leasing practices.

The Importance of Legal Guidance

This general outline underscores the importance of adhering to legal protocols during the eviction process. Missteps can lead to significant delays, legal complications, or potential liabilities. Seeking legal advice from experienced attorneys, such as Bryce Lickfield at Clayborne and Wagner, can ensure that the process is handled efficiently and in accordance with the law.

Have questions? Please contact 618-239-0187 or BLickfield@cswlawllp.com.
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*Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. The information contained herein may not reflect the most current legal developments; consult your attorney for personalized legal advice.*

The Paid Leave for All Workers Act Takes Effect January 1, 2024: Is Your Company Compliant?

The Paid Leave for All Workers Act Takes Effect January 1, 2024: Is Your Company Compliant?

by | Jan 15, 2024 | News & Events

The landscape of labor laws in the United States is constantly evolving, and staying up-to-date with these changes is crucial for businesses to remain compliant and avoid legal consequences. One significant development in labor law is the Paid Leave for All Workers Act, which took effect in Illinois on January 1, 2024. In this blog post, we will discuss the key aspects of this new legislation and emphasize the importance of ensuring your company’s compliance. If you have any questions or concerns about how this act may impact your business, don’t hesitate to contact Bryce Lickfield at Clayborne & Wagner.

Understanding the Paid Leave for All Workers Act

The Paid Leave for All Workers Act represents a significant shift in the way employers are required to provide paid leave benefits to their employees. This act aims to create a more equitable and inclusive work environment by mandating paid leave for all workers, regardless of their employment status. Here are some of the key provisions of the Paid Leave for All Workers Act:

1. Universal Coverage: Under this act, all employees, including full-time, part-time, temporary, and independent contractors, are entitled to paid leave benefits. This means that even if your company predominantly relies on contract workers or seasonal employees, you must ensure compliance with the new act.

2. Accrual of Paid Leave: Employees will accrue paid leave hours based on the number of hours worked, ensuring that part-time and temporary workers receive proportional benefits. Employers need to accurately track and manage these accruals.

3. Reasons for Leave: The act outlines specific reasons for which employees can take paid leave, including personal illness, family caregiving, domestic violence-related issues, and more. Employers should have clear policies in place to handle these types of leave requests.

4. Notification and Documentation: Employees must provide notice and documentation for leave requests. Employers should establish procedures for requesting and approving leave, while also respecting employees’ privacy rights.

5. Paid Leave for All Workers Act applies to all employers within Illinois, affecting Madison and St. Clair County alike.


Ensuring Compliance with the Paid Leave for All Workers Act

Compliance with the Paid Leave for All Workers Act is not optional—it’s a legal requirement. Failure to adhere to the provisions of this act can result in significant fines, penalties, and potential lawsuits. To ensure that your company is fully compliant, consider taking the following steps:

1. Review and Update Your Policies: Carefully review your company’s existing leave policies and make any necessary adjustments to align with the new requirements of the Paid Leave for All Workers Act.

2. Provide Training: Train your HR team and managers on the intricacies of the act to ensure they understand their responsibilities and can effectively manage leave requests.

3. Implement Accurate Record-Keeping: Establish a system for accurately tracking employees’ accrued leave hours and maintaining records of their leave history.

4. Communicate Changes: Communicate the changes to your employees so they are aware of their rights and responsibilities under the new law.

5. Consult Legal Experts: Given the complexity of this act and the potential legal consequences of non-compliance, it’s advisable to consult with legal experts like Bryce Lickfield at Clayborne & Wagner. They can provide personalized guidance and ensure your company’s compliance with the Paid Leave for All Workers Act.

Conclusion

The Paid Leave for All Workers Act represents a significant shift in labor law, mandating paid leave benefits for all workers, regardless of their employment status. Ensuring compliance with this act is not only a legal requirement but also a way to create a more equitable and inclusive workplace. To navigate the complexities of this new legislation and protect your company from legal risks, it’s crucial to seek guidance from legal experts. Contact Bryce Lickfield at Clayborne & Wagner today to discuss your company’s compliance and ensure a smooth transition for the Paid Leave for All Workers Act. Your commitment to compliance will not only protect your business but also contribute to a fair and just work environment for all.

Clayborne & Wagner Announces New Partner Corinne Mitchell

Clayborne & Wagner Announces New Partner Corinne Mitchell

by | Sep 14, 2023 | News & Events

Clayborne & Wagner LLP, headquartered in Belleville, Ill., has announced the recent appointment of Corinne Mitchell as the newest partner of the law firm. She will be joining current firm partners, James Clayborne and Michael Wagner. This strategic addition to the firm’s partnership further strengthens its commitment to providing exceptional commercial litigation, general liability defense, and equine law services to clients in the Metro-East region, Chicago, Ill., state-wide Missouri, and across the nation.

“We are thrilled to make Corinne a partner of our firm. She has proven to be such a valuable asset to our team and has made great strides in our equine law division,” said Michael Wagner, a founding partner at Clayborne & Wagner, LLP. “We are looking forward to the contributions she will make to our practice moving forward as a partner.”

Mitchell, previously an associate at the firm, has been with Clayborne & Wagner, LLP for the past five years. Throughout her tenure with the firm, she has demonstrated legal expertise in personal injury litigation, insurance defense, and animal law. As head of the equine law division, Mitchell combines her passion for horses with her extensive knowledge in the equine industry and litigation to serve clients in both litigation and transactional services.

Mitchell received her Juris Doctor cum laude from the University of Illinois College of Law in 2015 and earned a Bachelor of Science in Psychology cum laude from the University of Illinois Urbana-Champaign in 2012. Prior to joining Clayborne & Wagner LLP, she served as a federal law clerk in the Southern District of Illinois, with a particular emphasis on mass actions and multidistrict litigation.  Mitchell began her career working in private practice, serving a complex litigation team. 

For more information about Corinne Mitchell, read her bio. 

Clayborne & Wagner LLP Attends the 2023 Venice Equestrian Tour

Clayborne & Wagner LLP Attends the 2023 Venice Equestrian Tour

by | Apr 28, 2023 | News & Events

In February and March of 2023, the head of our equine law division, Corinne Mitchell, represented our law firm at the 2023 Venice Equestrian Tour in Florida. During her time at the winter circuit, Ms. Mitchell engaged in numerous networking and educational events.

Ms. Mitchell attended three of the  Friday Night Double Features, which included a $24,999 Grand Prix and a $9,999 Hunter Derby. During these events, Corinne had the opportunity to connect with attendees, answer questions about general equine industry topics, and advise how legal services can boost and protect all participants in equine activities.

During week VIII of the tour, Clayborne & Wagner Equine Law hosted a breakfast where Corinne met and networked with avid equestrians about our equine litigation services. We served fresh-made donuts and coffee and handed out customized swag items.

Corinne had a wonderful, productive time at the 2023 Venice Equestrian Tour. We can’t wait until next year! If you are interested in scheduling a meeting with Corinne to learn how we can serve your equine business with our equine law services, contact: 618.239.0187.

What to Know About Leasing a Horse

What to Know About Leasing a Horse

by | Dec 22, 2022 | Equine Law, News & Events

Horse Lease Agreement

In the equine community, it is quite common to lease a horse. Leasing a horse provides benefits to both the lessor and lessee. For the horse lessor, it can help offset the expenses that come with owning a horse. Plus, if the owner does not have enough time to frequently ride his or her horse, leasing is a good option to help the horse receive regular exercise and remain healthy. For the horse lessee, leasing can be a more affordable option than owning a horse. It can also allow him or her to ensure they are ready for horse ownership without the stress of a long-term commitment.

The Process of Leasing a Horse

When leasing a horse, you are entering into a legally binding contract. The leasing process should be taken seriously by both parties. In order for you to find the right horse for your needs, you should do your research before signing any agreement. It is very important that you choose a horse that matches your riding abilities and riding goals.

When meeting with the horse owner(s), be sure to ask questions to learn about the horse’s overall history and temperament. Request copies of the horse’s veterinarian records to learn about its health. You can ask to have the vet conduct an exam prior to signing the lease. Also, always ride a horse before signing any leasing agreement. If you are new to horse riding, ask a horse trainer or a seasoned equestrian to join you for the test ride. He or she will be able to give you a professional and experienced opinion.

Types of Horse Lease Agreements

Just like leasing a house or car, there are different types of horse lease agreements to choose from. While every lease agreement is different, the two most common leases are:

  • Partial Lease Agreement: This is commonly referred to as a “half lease.” With this type of lease, you are able to ride the horse a set number of days per week. The number of days can vary from lease to lease, and it will typically affect the fixed monthly payment. Most often, you are sharing the horse with other riders or the owner. You might be asked to pay a percentage of the vet and boarding bills. In some leases, you might only be responsible for paying a riding fee. If you have never owned or leased a horse before, a partial lease agreement might be the most convenient, cost-effective option for you rather than a full lease agreement.
  • Full Lease Agreement: With a full lease, you are typically responsible for paying for all of the horse’s expenses, including feed, boarding, and veterinarian bills. In addition to the general expenses, there might also be a lease fee. This fee will be a calculated percentage of the horse’s overall value. In a full lease, you are the only individual riding the horse and you can usually ride it whenever you want. Depending on the owner, you might be able to keep the horse at your own barn. However, some horse lessors require that the horse remains on their premises or at their boarding facility. A full lease is the closest option to owning your own horse without having to make long-term decisions for the horse, such as retiring, selling, or end-of-life care.

Both equine leasing agreements have their pros and cons. Plus, there are other leasing options available. In order to choose the best lease for you, you should consider consulting with an experienced equine lawyer.

Working with an Equine Law Firm to Lease a Horse

Not only can an equine law firm help you decide on a leasing agreement, they can help you with the entire horse leasing process. At Clayborne & Wagner LLP, we are well-versed in all areas of equestrian law. We work with clients on both equine transactions and litigation claims involving personal injury, property damage and breach of contract. For more information on our equine law practice led by attorney Corinne Mitchell, visit https://www.cswlawllp.com/equine-law-services/. If you have questions regarding leasing out your horse or leasing a horse for yourself, you can contact our team.

 

Covid-19 Employer Litigation

Covid-19 Employer Litigation

by | May 6, 2021 | News & Events

Employees filed thousands of related personal and class action lawsuits against their employers since the COVID-19 pandemic began in 2020. Learn about the legal responsibilities, potential outcomes, and repercussions regarding COVID-19 litigation and the workforce. 

Employer and Employee Litigation Regarding COVID-19

Since March of 2020, there have been over 2,500 claims and/or lawsuits regarding COVID-19 filed against employers.  Most of these COVID-19 claims were filed against employers in the healthcare, manufacturing and production, retail, public administration, and hospitality industries.  COVID-19 has resulted in significant labor and employment legal issues resulting in new and evolving regulations, standards, and public orders in the United States on both the state and national level.  Due to a constantly changing and evolving body of law and regulations, it can be difficult for employers and businesses to stay on top of these matters.  It is absolutely vital for both employers and employees to understand their legal rights and responsibilities regarding the current coronavirus legal climate.

COVID-19 Legal Timeline

The pandemic impacted many sectors, especially the global economy.  With millions of jobs lost, this event created a sizable economic fallout comparable to the Great Recession in 2008. To combat this, governmental entities passed new laws and regulations to provide support to industries impacted by COVID-19.  This support included funding, as well as additions and amendments to national and local standards. 

American Rescue Plan of 2020

This plan provided $350 billion of emergency funding to communities with plummeting revenues related to the pandemic. Employers received support through small business loans, employee retention, and paid leave credit programs. Eligible citizens could receive economic impact payments and child tax credits. Homeowner and renter assistance funds encouraged homeowners and renters to apply for monetary aid. 

This support should help cover loss of revenue related to pandemic restrictions and efforts towards protecting employee and customer health. The American Rescue Plan also provided financial support to state and local entities. 

Families First Coronavirus Response Act

On April 1, 2020, the Department of Labor’s Wage and Hour Division (WHD) passed the Families First Coronavirus Response Act (FFCRA) as an extension of the American Rescue Plan. Revisions were made in September 2020 to further clarify mandates and employer responsibilities. It required employers to provide 80 hours of emergency paid sick leave (EPSL) to employees, as well as 12 weeks of expanded family and medical leave (EFMLA) related to COVID-19. 

This EFMLA only covered employees who had children that could not attend school or daycare as a direct result of COVID-19 closures.  The first 2 weeks of leave under the 2020 EFMLA are unpaid.  In order to compensate small businesses for loss of revenue, the FFCRA will reimburse them with tax credits. Only small businesses of less than 500 employees fell under these mandates. 

The primary goal of this law was to give employees a way to take care of their health without financial repercussions to the employers for lost productivity.  While the act expired on December 31, 2020, the stimulus package allowed employees to use the remainder of their aid until March 31, 2021.  However, this allowance was voluntary, and the employer could deny the request.

Current COVID-19 Legal Climate

2021 brought with it extensions to The America Rescue Plan and subsequent acts attached.

America Rescue Plan of 2021 (ARPA)

When the president extended The America Rescue plan another year, it came with amendments to specific bill regulations. Also known as the ARPA, specific revisions extend the EPSL and EFMLA of the FFCRA to allow employers with less than 500 employees to provide additional leave from April 2021 through September 30, 2021. Additionally, the allotment of 80 hours for EPSL and 12 weeks for EFMLA resets April 2021, so that eligible employers can still receive tax credits to cover related costs. 

While this act is not mandatory and employers can choose to deny time off requests, they must do so universally.  Under the ARPA non-discrimination mandate, an employer must grant or deny time off requests equally throughout their entire work force.  Failure to treat all employee’s equally will result in a loss of eligibility for tax credits.  This non-discrimination clause does apply separately to both EPSL and EFMLA compensation. 

Another modification to the FFCRA allows employee payout for the first 2 of the allowed 12 weeks’ time for emergency family and medical leave. Additionally, the EFMLA had extended permissions to approve employee leave for other reasons related to COVID-19 besides school closures. The ARPA also increased the FFCRA tax credit allowance from $10,000 per employee to $12,000.

COBRA

The Consolidated Omnibus Budget Reconciliation Act, (COBRA) protects workers and their families who lost health benefits because of unplanned events. COBRA provides for a ‘continuation of coverage’.  Specifically, employers who pay for group health plans for over 20 employees must extend that coverage (temporarily). The plan highlights how employees and their family members may attain continuation of coverage.

When the government extended the ARPA in 2021, there were also modifications to COBRA. From April 2021 through September 2021, employers must cover 100% of COBRA premiums. This requires employers to pay the COBRA premiums for all employees with group health plans who need financial aid as a result of employment termination or loss of hours, regardless of whether the termination or reduction of hours is related to COVID-19.  However, family members of the employee are not eligible for free COBRA for any reason.  Furthermore, employees who are eligible for other group health plans or were terminated for gross misconduct may not receive COBRA. Additionally, employees and qualifying family members on COBRA as of April 1st have a “second chance” to re-enroll for coverage. This applies even if they were involuntarily terminated for reasons besides misconduct.

The federal government will reimburse employers for covering the cost of COBRA for their employees through a dollar-for-dollar tax credit. This credit will be applied to quarterly payroll taxes and applied against the employer’s allotment of Medicare hospital insurance tax. If this does not cover the employers’ expenses towards COBRA, the employer can apply for another tax credit which will pay for the additional amount. Employers are also must alert employees of this benefit and provide instruction on how to access coverage, especially secondary enrollment. This legal requirement expires May 30, 2021. Notice should be provided no more than 45 days and no less than 15 days before COBRA expires. 

Employees have the responsibility of notifying their health care plan when they are eligible for COBRA. This benefit is subject to tax penalties.

Paycheck Protection Program

Restaurants, bars, and nonprofits were also added to the list of eligible employers to apply for assistance grants and loans. Loans can be attained through the Paycheck Protection Program offered by the US Small Business Administration. Also known as PPP, the goal is to incentivize small businesses to keep their employees on payroll. PPP loan forgiveness is also available to eligible borrowers. The Paycheck Protection Program expires on May 31, 2021. 

Illinois State Regulations On COVID-19

When HB 2455 expired in 2020, the Governor eventually enacted HB 4276 for occupational disease claims in Illinois. Signed into law on February 26, 2021, HB 4276 extends the presumption legislation for front line workers. 

After the COVID-19 vaccination rollout began, the Illinois Department of Labor (along with other states) added requirements for employers. They consisted of guidelines regarding employee leave, time, and flexibility for vaccinations. After March 2021, if employers require coronavirus vaccinations for employees, they should also provide paid leave or compensation. This is to compensate employees for the time they must take off to get both doses of the vaccine. 

The Employee Sick Leave Act also highlights employer requirements. Employers must grant the same permissions and benefits for time off for COVID-19 related medical appointments involving their immediate family. This includes children, stepchildren, spouse, domestic partners, siblings, parents, mother, and father-in-law, grandchildren, grandparents, or stepparents.