Nancy E. Joerg St. Charles, Illinois
| Managing Shareholder of St. Charles office | |
| phone | (630) 377-1554 (Office) (630) 440-1945 (Cell) |
| fax | 630-377-1653 |
| najoerg@wesselssherman.com | |
NANCY E. JOERG, managing shareholder and senior attorney of the St. Charles, Illinois office of Wessels Sherman Joerg Liszka Laverty Seneczko P.C., has been practicing employment law with the firm since 1989. She is a member of the firm's Executive Committee.
Providing strategic advice and counseling to employers on all aspects of employment law, Ms. Joerg assists clients where possible with dispute resolution prior to litigation. She regularly represents employers in administrative actions and audits before the Equal Employment Opportunity Commission, the Illinois Department of Human Rights, the Illinois Department of Employment Security, the Illinois Department of Labor, and the U.S. Department of Labor. She represents employers in all types of discrimination charges, unemployment insurance hearings, IDES audits, employee termination issues, and wage & hour issues (including exempt/non-exempt status for overtime, deductions from wages, and state and federal wage claims). Nancy Joerg effectively counsels and advises clients concerning preventive efforts such as the preparation and review of employee handbooks and personnel policies, anti-harassment training, and the development of strategies to help ensure exemptions from overtime.
As a nationally recognized successful advocate and leading consultant in the area of independent contractor vs. employee status and other contingent workforce issues, Ms. Joerg aggressively represents a wide range of companies who use independent contractors [including numerous trucking companies who use independent contractor owner-operators] before the Illinois Department of Employment Security, the Illinois Department of Labor (with matters arising under the Illinois Employee Classification Act), and the Internal Revenue Service. She also works with a broad array of companies nationwide in drafting effective independent contractor agreements and strengthening independent contractor status to help lower liability.
Ms. Joerg speaks and writes nationally on a number of employment matters. She is the author of hundreds of published articles and a book published for Commerce Clearing House entitled Welcome to the World of Independent Contractors and Other Contingent Workers. Ms. Joerg is also the speaker on several employment law CDs presented by Wessels Sherman.
Nancy Joerg has been honored by her peers as a "Leading Lawyer," a distinction earned by fewer than five percent of lawyers who are licensed to practice in the State of Illinois.
- Areas of Practice:
- Independent Contractor Issues of all kinds
- Illinois Department of Employment Security audits and hearings
- Unemployment insurance matters
- Illinois Employee Classification Act issues
- Employment discrimination
- Employee termination issues including reductions in force
- Wage and hour law matters - overtime DOL audits
- Employee handbooks and personnel policies
- Sexual harassment defense and anti-harassment training
- Non-compete and Confidentiality agreements
- Education:
- Northern Illinois University College of Law, DeKalb, Illinois
Juris Doctor
Honors: Cum Laude
Honors: Dean's List
Honors: American Jurisprudence Award as Outstanding Student in Constitutional Law - William Smith College, Geneva, New York
Bachelor of Arts
Honors: Cum Laude - University of Sheffield, Sheffield, England
(Junior Year of College)
- Published Works:
- Nancy E. Joerg has written hundreds of articles on a wide variety of employment law subjects for many publications including: Keep on Truckin’…NEWS (a publication of Mid-West Truckers Association, Inc.), Debits and Credits (a publication of the Independent Accountants Association of Illinois), and the Illinois Chamber of Commerce’s HR Illinois Blog. The following is just a sampling of her published articles:
- Help! I Am An Employer Who Overpaid One Of My Employees. What Do I Do Now?!
- Why Can’t I Take Money From A Careless Employee’s Paycheck?!
- Can An Employer Ask An Employee To “Give Up” Overtime Pay?
- My Employee Just Requested a Copy Of His Personnel File
- Illinois Employers May Benefit From Adopting a Relationship Policy
- Do Illinois Employers Have to Give Notice to Employees When They Fire Them?
- Employee Gives Two Weeks’ Notice—Employer Terminates Right Away—IDES Says Employee is Eligible for Unemployment!
- Employers Are Confused! How Can My Employees Both Work And Collect Unemployment Insurance Benefits From IDES?!
- Checklist For Sexual Harassment Investigations
- How Employers Should Give Severance To Employees 40 Years Of Age Or Older
- Illinois Employers Should Be Very Cautious When Hiring Their 15th Employee: It Is A Bigger Decision Than You Might Think!
- Is Your Employee Handbook a Ticking Time Bomb?
- Illinois Department of Employment Security (IDES) Audits: What Actually Triggers an IDES Audit?
- IDES Audits: Deciding how much a Company Owes
- IDES Audits: How Employers Should Fill Out The Audit Questionnaire
- How Should An Employer Fill Out An IDES Protest Form On The Issue Of Misconduct?
- How to Win an Illinois Department of Employment Security (IDES) Hearing on the Issue of Voluntary Quit
- Illinois Unemployment Insurance: Winning A Misconduct Hearing Before The IDES
- Employers Wonder: How Can My Independent Contractor Apply For Unemployment Insurance Benefits?!
- Take an Illinois Department of Employment Security (IDES) Audit Seriously: Strike while the Iron is Hot!
- Illinois Trucking Companies Worry About the Use of Fuel Cards with Their Independent Contractor Owner-Operators
- Why In The World Should My Independent Contractor Installers Bother With Advertising?
- There are Two Ways For a Company Who Uses Independent Contractors to Pass an IRS Audit
- Understanding Lease Purchase Issues With Owner-Operators
- Comparing Independent Contractor Tests for Owner Operators in Illinois
- Hidden Dangers In Illinois Unemployment Insurance Law (Section 212.1) Defining Independent Contractor Status For Truck Drivers
- IDES Trucking Audits: Don’t Forget the Two-Thirds/One-Third Issue If Your Independent Contractor/Owner-Operators Are Reclassified to Employee Status
- Trucking Companies Should Be Very Careful Indeed When They Set Up Escrow Programs For Their Owner-Operators
- More Good News about the IDES and Independent Contractor Truck Drivers: No Emphasis on Trailers!
- Warning For Illinois Trucking Companies Who Use Independent Contractor Owner-Operators: Every Part of Section 212.1 Must Be Met to Properly Classify a Truck Driver Owner-Operator as an Independent Contractor
- Make Sure Your Incorporated Independent Contractor is Really Incorporated
- Classes/Seminars Taught:
- Nancy E. Joerg has presented hundreds of seminars during her legal career on a wide variety of labor and employment law subjects. The following is just a sampling of some of her more recent seminars.
- How Employers Should Investigate a Sex Harassment Complaint: Avoid Lawsuits!
- How to Win IDES Audits on Independent Contractor Status: Special Strategies for Accountants
- How to Effectively Protest a Claim for Unemployment Insurance Benefits
- Avoid Pitfalls in Using Independent Contractor Installers
- How to Properly Fire an Employee: Do It Right and Avoid Lawsuits
- How to Win IDES Audits on Independent Contractor Status
- Presentation to: Illinois CPA Society Small Practitioners' Tax Group
- Using Independent Contractors in Today's Economy, Helping Employers in a Tough Economy
- How to take the worry out of using Independent Contractors
- KCBA Employment & Labor Law Seminar
- How Employers Can Win in Misconduct and Voluntary Leave Hearings Under the Illinois Unemployment Insurance Act, July 15, 2010 and September 9, 2010
- Illinois Employee Classification Act: How Construction and Construction-Related Companies (including trucking) Who Use Independent Contractors Can Protect Themselves From This Brutal Law!
- Illinois Trucking Association and Maintenance Meeting
- What Employers Should Have in a Strong Independent Contractor Agreement: What Companies Need to Protect Themselves
- How Employers Should Handle Workers' Compensation Claims by Independent Contractors: Sorting Out the Mess!
- Honors and Awards:
- Current Martindale AV Rating: 4.9 out of 5
- Named a New York State Regent Scholar
- Dean's List: William Smith College
- Graduated with Honors: NIU College of Law
- Interviewed by Chicago Tribune for October 25, 2010 article entitled 'As work force changes, many misclassified workers miss out on benefits.' Nancy Joerg provided the company's perpective on the usage of independent contractors.
- Interviewed and quoted on key employment law issues by national newspapers including The New York Time and Washington Post
- Recommended by her peers as a leading lawyer, a distinction earned by fewer than five percent of all lawyers in Illinois
- Selected (by other lawyers in Illinois) as Top Lawyer in labor and employment law in Western Suburbs of Chicago as featured in West Suburban Living Magazine in conjunction with Leading Lawyers Network Advisory Board
- Contributing Author of three Illinois Chamber of Commerce books: Illinois Employment Law Handbook; Illinois Employment Forms; and Model Employee Policies for Illinois Employers (published 2009).
- West Publishing Company Book Award: Constitutional Law






