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Wisconsin Employment Law Questions & Answers
0 Answers | Asked in Employment Law for Wisconsin on
Q: I was just fired job is try to deduct from my check or won't give to me

I returned an idea worth 474.64 got fired for it now job is saying I did it 3 times and want my permission to deduct that from my last check which would leave me with no check and them implying if I don't give them permission they won't give me my check I don't know what to do

0 Answers | Asked in Employment Law and Sexual Harassment for Wisconsin on
Q: former manager who sexually harassed you is now interacting with your workplace through invitations from your current

former manager who sexually harassed you is now interacting with your workplace through

invitations from your current manager, despite your previous complaints.

0 Answers | Asked in Employment Law for Wisconsin on
Q: Can an employer start deducting for 401K even if I don't enroll?

They're telling me that I have to meet with the fund rep. and fill out paperwork to opt out or they will start deductions automatically.

1 Answer | Asked in Employment Law and Employment Discrimination for Wisconsin on
Q: I have been taking meds for anxiety and depression since 2000 in order to work. My employer says I'm not disabled.
John Michael Frick
John Michael Frick
answered on Jun 13, 2024

It is well-settled that anxiety and depression CAN be a disability but is not always necessarily a disability. You may or may not be disabled. But, unless your employer is a medical professional, your employer likely lacks the education, training, experience, and knowledge to make that diagnosis.

1 Answer | Asked in Employment Law, Immigration Law and International Law for Wisconsin on
Q: Work Visa for International students

I came to the United States (Midwest) in 2017 for my undergraduate studies and graduated with a BS in Civil engineering. I am currently employed as an engineer, with my STEM OPT extension expiring in June 2025. Despite my employer's unsuccessful H1B lottery application last year, they remain... View More

James L. Arrasmith
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answered on Feb 21, 2024

Given your circumstances, it may be beneficial to explore both the EB-3 visa and family-based visa options to determine the best path forward. The EB-3 visa could be a viable option if you meet the eligibility requirements, including having a job offer from a U.S. employer willing to sponsor you... View More

2 Answers | Asked in Immigration Law, Employment Law, Education Law and Employment Discrimination for Wisconsin on
Q: Working while waiting on EB-3 Visa

I am currently on STEM-OPT Visa and my company is working on helping be obtain an EB-3 Visa. There seems to be a couple steps;

1. Submitting and obtaining PERM Certificate.

2. Filing the form I-140 petition

3. Wait for Your Priority Date

4. Adjusting status.... View More

James L. Arrasmith
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answered on Feb 22, 2024

The processing times for each stage of the EB-3 visa process can vary significantly based on several factors, including the volume of applications being processed and the specifics of your case. Generally, obtaining a PERM Certificate can take about 6 to 10 months, but this timeframe can fluctuate.... View More

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1 Answer | Asked in Employment Law, Family Law, Immigration Law and Child Support for Wisconsin on
Q: I came to the USA on F-1 visa, but now all my family has been resettled to the US. Can I file for a family visa?

I was born in the Democratic Republic of Congo (DRC), but my family moved to Uganda for refugee as a result of the 1997 civil war in the Eastern part of DRC. As such I grew up and attended most of my school in Uganda. In 2017 I got an opportunity to come to the USA for my undergraduate, but over... View More

James L. Arrasmith
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answered on Feb 21, 2024

As someone who entered the USA on an F-1 visa, you may be eligible to explore options for family-based immigration. Since your family has been resettled in the US through the refugee resettlement process, you may have the opportunity to apply for a family visa to reunite with them. Family-based... View More

2 Answers | Asked in Constitutional Law and Employment Law for Wisconsin on
Q: Can an employer change an offer letter 1 year after employment?

I signed a offer letter back in Jan. 2023 that states they are offering me a position as "full-time non-exempt" with a base salary. My employer just sent an email out stating all supervisor are hired salary-exempt/overtime eligible, and I sent a copy of my offer i signed and they are now... View More

Chelsea Brener Cusimano
Chelsea Brener Cusimano pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2024

The answer would depend on the employment laws of the State of Wisconsin. It would be important for the employee to look into the laws in Wisconsin to determine if it is an "at-will" employment state. It would further be important to look at the contract to determine if it is for a term,... View More

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1 Answer | Asked in Employment Law for Wisconsin on
Q: I am a manager for a contractor at FedEx. I am a salaried employee who drives a daily route. Am I entitled to overtime

Also I don't get paid for any extra days worked at all and if I miss a day of work due to being sick I get my pay docked. I do not get sick time just PTO time. Is any of this legal.

T. Augustus Claus
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answered on Jan 2, 2024

In Wisconsin, whether you are entitled to overtime pay depends on various factors, including your job duties, responsibilities, and salary level. Salaried employees may be exempt from overtime pay if they meet certain criteria under the Fair Labor Standards Act (FLSA), such as being classified as... View More

1 Answer | Asked in Employment Law, Contracts and Communications Law for Wisconsin on
Q: Did my employer breach my employee agreement by failing to give 30-day prior notice?

I'm a salaried, contract employee. My agreement was for four years, with an optional fifth year. That fifth year was at the sole discretion of the company and they would provide "30 days' prior written notice (e-mail sufficing)".

I received notice they would pick up that... View More

John Michael Frick
John Michael Frick
answered on Oct 5, 2023

Under the facts you described, you are free to reject their untimely notice and end the contract, or you can waive the timing issue and continue working at the end of the four years in twelve days.

If you want to negotiate a new contract, be sure to carefully and clearly document that your...
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1 Answer | Asked in Employment Law and Tax Law for Wisconsin on
Q: I am a nine month employee in a school district in Wisconsin. I receive an insurance buyout benefit because I do not use

Their insurance. We used to get the amount divided between our paychecks during our 9 months of employment. They are now dividing that benefit by 12 months, so we get less per paycheck. We are contracted to work 9 months, not 12. They do retroactively pay the amount they withhold during the summer... View More

James L. Arrasmith
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answered on Sep 14, 2023

If your employment contract specifies a particular payment structure for the insurance buyout benefit during your 9-month employment, your employer should adhere to the terms of the contract. If they unilaterally change the payment structure without your consent, it could potentially be a breach of... View More

1 Answer | Asked in Employment Law for Wisconsin on
Q: is it considered retaliation if i put my two weeks in at my job, then later i get fired ?

i was given a warning and i sign it, the next day i put in my two weeks, can a company fire me for putting in my two weeks ?

Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

In most states you are considered an "at will" employee, which means that you can quit or be terminated without any advance notice, and without any reason. Retaliation via an employment termination for giving 2 weeks notice of quitting, is not usually, by itself, a recognized form of... View More

1 Answer | Asked in Employment Law and Contracts for Wisconsin on
Q: I signed a contract that states if I quit I can't work for another company similar to there's with so many miles.

Will this hold up in court?

John Michael Frick
John Michael Frick
answered on May 19, 2023

It depends on information which is not contained in your question. You can take the contract with the non-compete to an employment lawyer in or near the county where you want to work.

The FTC has proposed a rule that will make non-competes invalid across the United States when it goes into...
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1 Answer | Asked in Employment Law for Wisconsin on
Q: Do I have to disclose my new employer to my current employer if I signed a non compete?

I have a non compete and my new job is in the same industry, however it is not dealing with the same customers. Does this violate a non compete agreement?

John Michael Frick
John Michael Frick
answered on Apr 3, 2023

It depends upon the language of your non-compete and how broad in scope the law in the relevant state allows your former employer to enforce a non-compete in your industry and occupation.

1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Civil Rights for Wisconsin on
Q: We're my rights violated under the Fair Credit Reporting Act (FCRA) and if so do I have any recourse?

I consented to a consumer report background check at my employer when up for promotion. An old active arrest warrant was discovered on the check. The employer did not notify me of the issue directly and instead contacted local law enforcement who then came looking for me. I do not believe the... View More

Bart Kaspero
Bart Kaspero
answered on Apr 3, 2023

The situation you have shared is very concerning and may very well be a violation of employment background check compliance (such as through the Fair Credit Reporting Act) as well as a number of related obligations imposed on employers who order criminal history information reports from third... View More

1 Answer | Asked in Employment Law and Health Care Law for Wisconsin on
Q: what type of attorney do i need to go after employer and employer insurance company? this is not a workman comp. case.

had to have major back surgery, was already on fmla. employer had me on short term, which wasn't consistant, then turned to long term, once turned to long term, they sent me threw wrong insurance company for 3 months, then finally got the right insurance company. it took over 5 months to even... View More

Tim Akpinar
Tim Akpinar
answered on Oct 6, 2022

A Wisconsin attorney could advise best, but your question remains open for three weeks. It looks like you may have at least two issues to sort out here, aside from the disability claim for which you already have an attorney. Employment attorneys would know about FMLA matters. As for the MRIs and... View More

1 Answer | Asked in Employment Law for Wisconsin on
Q: Offer Letter Rescinded/Altered after Acceptance. Any legal action that can be taken to keep the original offered salary?

I am in a contract position that is being transitioned to a new company and they plan to bring me over to fill the same role. I provided my salary requirements and then received an offer letter. When i received this offer letter the job title was incorrect and I pointed this to the recruiter and I... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 26, 2022

While this situation sounds unfair, it's unlikely that you have any recourse. An offer letter is generally not a contract, so the terms of the offer can be changed without your acknowledgement or approval. If you don't want to accept the position with the lower salary, you are not... View More

1 Answer | Asked in Employment Law for Wisconsin on
Q: I signed a work contract, is this legal? “If you quit in 15 training days payment will not be provided for that period.”

And they have, “14 day notice required before quitting.”

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 7, 2022

Federal law requires that you be paid for all hours you actually work, including most training hours. Regardless of whether you signed this agreement, you must be paid for your training time. The 14-day notice requirement before submitting a resignation is permissible.

1 Answer | Asked in Employment Law for Wisconsin on
Q: Is a Township required to pay workers extra on Holidays and weekends?
Rhiannon Herbert
Rhiannon Herbert
answered on Mar 1, 2022

There are no laws that require extra pay on holidays or weekends. Employers sometimes offer extra money as an incentive to work on these days, but it is not required.

1 Answer | Asked in Employment Discrimination and Employment Law for Wisconsin on
Q: Rights as Limited Term Employee for wrongful termination

I have type 2diabetes.. my blood sugar spiked and caused me to “lose consciousness” for a bit. I tested my glucose level and it was 245 which is high, as my level is 134 or lower. Was terminated for “sleeping on the job “. I wasn’t offered medical attention, even though I worked in the... View More

Carrie Dyer
Carrie Dyer
answered on Jul 28, 2021

This largely depends on whether your employer knew about your medical condition, that you weren't actually sleeping on the job, or that you needed medical attention. More information about your situation is necessary to determine whether you have a claim under the Americans with Disabilities... View More

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