Get free answers to your Employment Law legal questions from lawyers in your area.
My mom works for an in-home care facility for mentally disabled people, taking care of up to 9 people and the household, in Wisconsin. She typically works over 300 hours a month, and stays overnight while working as only one person works in the house at any time. She has worked for this place since... View More 
answered on Sep 19, 2024
You should look at WI state agency for wage claims. https://dwd.wisconsin.gov/er/laborstandards/wageclaim.htm There is a 2 year statute of limitations for wage claims in WI, so your mom can recover 2 years of OT.
Some of the statutes also carry with them "liquidated damages"... View More
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.
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2024
In Wisconsin, as in most states, employment is generally "at will," meaning an employer can change the terms of employment, including job duties and compensation. However, if you have a signed offer letter or employment contract specifying the terms of your employment, this can complicate... View More
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
I work in Wisconsin, and my spouse and I are employed by the same company in the same department. I've been told that my spouse isn't eligible for a promotion because we are married. Currently, I am in a supervisory position over them, and their promotion would make us equals. The company... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 12, 2025
That situation does raise valid concerns about marital status discrimination. In Wisconsin, state law does protect employees from being treated unfairly in employment decisions—including promotions—based solely on whether they are married or who they are married to. If your spouse is being... View More
I have been working at my current job for 1.5 years and would like to take a sabbatical to enjoy the summer, but my employer doesn't allow this kind of leave. I've considered taking it as unpaid leave. What options do I have if my employer refuses to grant a sabbatical or unpaid leave?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 12, 2025
Unfortunately, your employer has no legal obligation to grant you a sabbatical or unpaid personal leave, especially after just 1.5 years of employment. Most companies reserve sabbaticals for long-term employees who have worked there for many years, and unpaid leave is typically granted only for... View More
I suspect I am being harassed and undermined at work due to gossiping and questioning of my role behind closed doors. This behavior is mentally draining, and I recently heard from a staff member that there's growing resentment toward me. There is a noticeable pattern of this behavior, which is... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2025
I'm really sorry you’re dealing with this—it takes a toll on your confidence and peace of mind when you feel like you're being talked about or undermined behind your back. It’s even worse when that behavior starts to affect how others treat you or how safe you feel doing your job.... View More
Is it okay for my employer to forge my name on a Wisconsin Buyers Guide for an RV, especially after changing the content without my consent? The original guide originally described potential vehicle issues, but the employer altered it and replaced it with a version they deemed more... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2025
You have every right to be upset: forging your signature is a criminal act under Wisconsin law, and altering the Buyers Guide to hide known defects can violate the state’s motor‐vehicle sales statutes.
You can report the forgery to your HR department or ethics hotline and insist your... View More
I'm a 20-year-old facing a first-time OWI charge, and I'm worried about how this might impact my future employment opportunities, especially since my degree is in education. I have not yet enrolled in any alcohol education or rehabilitation programs but plan to do so. I'm trying to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 10, 2025
You're right to be thinking carefully about this—especially with your future career in education on the line. A first-time OWI in Wisconsin is typically a civil offense, not a criminal one, but it can still carry serious consequences like license suspension, fines, mandatory alcohol... View More
I have received a Right to Sue notice from the EEOC for a discrimination complaint filed against my former employer, First Student. The initial determination of no probable cause was appealed and affirmed by an Administrative Law Judge (ALJ) and the Labor and Industry Review Commission (LIRC). It... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2025
Yes, you can generally file a federal lawsuit after receiving a Right to Sue notice from the EEOC, even if your discrimination case is still pending in Wisconsin Circuit Court on appeal from the Labor and Industry Review Commission (LIRC) decision. The federal lawsuit is a separate legal action... View More
I have been terminated from my job after missing multiple days of work for medical appointments, despite notifying my employer in advance. My workplace does have an HR policy about time off for medical appointments. Is this termination legal under these circumstances?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025
If your workplace has a clear HR policy regarding time off for medical appointments, and you followed that policy by notifying your employer in advance, your termination may be unfair. Generally, if you’re taking time off for medical reasons and you’ve informed your employer in accordance with... View More
I am the guardian of a minor instruction permit holder who was involved in a car accident in which the minor was not at fault. The minor was driving, and I was injured as the passenger when another vehicle T-boned us coming out of a driveway. While I was in the rescue squad, officers who did not... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025
You're right to be concerned. In Wisconsin, police officers are allowed to speak to minors without a guardian present during an investigation, especially in non-criminal situations like traffic accidents. However, the minor should never be made to feel pressured, intimidated, or... View More
In Wisconsin, if I quit my job, is my employer required to pay out my accrued PTO? I have been with the company for roughly 5 months and have accrued 18.73 hours of PTO. I did not receive a company handbook nor sign any employment contract. The employer has never communicated a policy on PTO... View More
answered on May 15, 2025
In Wisconsin, there is no state law requiring employers to pay out accrued paid time off (PTO) when an employee quits, unless the employer has a policy or past practice of doing so.
Can I sue individuals at my son's school for neglect after he sustained a concussion in the gym, where two individuals had last contact with him, especially considering there is camera footage and he did not receive proper medical care?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025
You have every right to be angry and concerned—when your child is injured at school and doesn’t receive proper care, it’s terrifying and unacceptable. If there’s camera footage and a clear lack of medical response, that could be important evidence. Schools have a duty to keep children safe... View More
I am receiving VA funds as a fiduciary for a dependent of a veteran due to unpaid child support. The VA representative informed me that reporting these funds to the child support agency is not required because they belong to my dependent, not me. The VA said they can't discuss VA funds with... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 27, 2025
As a VA fiduciary receiving funds for a dependent, your primary obligation is to use these funds for the dependent's benefit, specifically for "room and board" as you mentioned. VA regulations state that fiduciaries must use available funds to ensure the beneficiary's needs are... View More
I have been a volunteer firefighter for the past eight years, currently working at a tech company for seven years as a customer escalation specialist. I verbally informed my employer about my role in the fire department, and made verbal agreements with managers regarding responding to rescue calls,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2025
Under Wisconsin Statute 103.88, volunteer firefighters do have legal protections related to responding to emergency calls, but the statute does include a clear requirement that notice must be provided to your employer within 30 days of starting employment or within 30 days of becoming a member of... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
