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Wisconsin Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Employment Discrimination for Wisconsin on
Q: I'm high risk for COVID. Boss says return to office instead of working remotely. Do I get unemployment if I get let go?

I have a Doctor's note stating I should work from home. The office has not been professionally cleaned, there "are sanitizing wipes if needed.." There is only one bathroom for the entire floor of the office building I am in. Over half of the staff already works from home. I have... Read more »

Cynthia Pietrucha
Cynthia Pietrucha answered on May 26, 2020

Under federal law, you likely have the right to ask for a reasonable accommodation for your disability. Have you shared the doctor's note with management or human resources? If not, immediately write a request for a reasonable accommodation to work from home. Your doctor's note needs... Read more »

Q: denie workman comp for my arm. now fired because of it.

I was a stay at home father for three years. So once my 4yr old son started school. I decided to for back to work in my field of management. I started a job at gordmans retail store with is owned by a big company called Stage Store. Well I hurt me left arm back in October and have been seen by many... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 16, 2020

This is a complex and fact-intensive scenario that you would need to discuss with an attorney to receive any kind of meaningful direction. Your post remains open for four weeks, but one option you could consider is to contact a Wisconsin workers' comp attorney to discuss the denial of the WC... Read more »

1 Answer | Asked in Employment Law for Wisconsin on
Q: Hello, My wife was wrongfully terminated and we are looking to see if we have a case with her previous employer.

My wife works in the Accounting department and was two months into her position before her termination. During this time she was trained by her Supervisor while logged into the system under my wife's credentials. The company received a check for deposit and was processed and approved by my... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Jan 23, 2020

Unfortunately, there is no liability here. While your wife's termination is unfair, you live in an at-will employment state, meaning both the employee and the employer may terminate the employment relationship at any time for any reason or no reason at all (as long as the reason isn't... Read more »

1 Answer | Asked in Employment Law and Health Care Law for Wisconsin on
Q: I was wrongful terminated on 6/27/19I've work in the same place 8yrs is it to late to look into doing something about it

Never had any issues or disciplinary actions. One week before I was told how amazing I am for creating job for the handicap then next week I get fired for creating a hostel work environment I'm still completely crushed

Carrie Dyer
Carrie Dyer answered on Jan 14, 2020

The statute of limitations to bring an action depends on the legal claim. You should first consult a Wisconsin employment attorney about your situation to determine whether you have a legal claim. If you do, your attorney can help you determine how much time you have left to bring a claim.

1 Answer | Asked in Employment Discrimination and Employment Law for Wisconsin on
Q: I work in a dental lab,never signed a no compete,was fired for trying to do work on the side. Any legal recourse?

I approached my employer about picking up my own accounts and doing my own crowns. All I needed from him was to mill them. Everything else would have been done out of my house and would not have burdened him in any way. I offered him reimbursement for the milling. He said he did not like the idea... Read more »

Greg Mansell
Greg Mansell answered on Nov 6, 2019

No legal recourse for you against your employer. If your employer does this work and you are competing while an employee, there may be legal recourse that your employer can take but that would depend on Wisconsin laws.

1 Answer | Asked in Employment Law and Tax Law for Wisconsin on
Q: I live with stepson. He pays me to care for him. He still takes out medicare tax and FICA Tax. As a parent should he?

His mother my wife doesn't have any medicare or FICA taken out. Which Internal Revenue Code contains a “family employment exception”, which applies to service in a private home “in the employ of an individual’s son, daughter, or spouse”. In those cases, according to the IRS, no... Read more »

Eric Steven Day
Eric Steven Day answered on May 21, 2018

If he is paying you a wage as an employee, or providing you with a W-2, then he should withhold employment taxes from your wage. You, the employee, with pay half (about 7.7%) and he, the employer, will pay the other half. If he is paying you as an independent contractor, then he is not... Read more »

1 Answer | Asked in Business Law, Collections and Employment Law for Wisconsin on
Q: I have a note against the company I work for. I loaned the company money. How can I collect the money?
Sarah Lynn Ruffi
Sarah Lynn Ruffi answered on Apr 23, 2018

It depends on the actual language of the note.

1 Answer | Asked in Employment Law for Wisconsin on
Q: I have been suspended from my job pending an investigation but my employer will not tell me what it’s about?

They want to meet with me but they won’t tell me who I’m meeting with. I have never been suspended from a job and I’m terrified to go there without representation.

William F Sulton Esq.
William F Sulton Esq. answered on Apr 6, 2018

It does not sound like you need a lawyer at this point in time. Many employers would refuse to allow attorney representatives in an interview about an internal matter. If you are an at will employee, that could result in termination. The best advice I can provide is to request your employment file... Read more »

1 Answer | Asked in Bankruptcy and Employment Law for Wisconsin on
Q: Offered a job pending a background check? Worried about a bankruptcy on my credit report?

I received a job offer contingent on a comprehensive background check. I am not worried about the criminal background check. I did file bankruptcy and the debt was discharged a year ago. Two judgements were also discbarged, but show up on county records. Do I need to alert employer. JOB WAS... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Dec 4, 2017

Pursuant to bankruptcy code section 525, a government employer cannot discriminate solely based on a prior bankruptcy filing. It will probably show up on the background check. This isn't something that needs to be disclosed.

Information provided for informational purposes only, and...
Read more »

1 Answer | Asked in Civil Rights and Employment Law for Wisconsin on
Q: what would be the class code for a civil motion against a former employer violating COBRA guidelines and causing $ damgs

I paid COBRA premiums for a certain period. There was a change in HR personnel. They cancelled my COBRA coverages for the prior periods. They had the insurance company charge back the clinic what they previously paid. I have documents proving what I paid and for what period. The local circuit... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Sep 28, 2017

You should use the unclassified code: 30703.

1 Answer | Asked in Criminal Law and Employment Law for Wisconsin on
Q: Can a civil suit for intentional tort with an employer turn criminal based on the dollar amount (fraud)?

civil suit is between employer and employee...employee stole money and the employer was granted full judgement of over $94K

Stephen Pleck Johnson
Stephen Pleck Johnson answered on Aug 17, 2017

I can only answer for Wisconsin. Theft is a crime and the amount affects whether it is a misdemeanor or a felony. The answer is yes as the state District Attorney is not a party to the civil suit and can file a Criminal Complaint. The Civil Judgment does not by itself block a criminal... Read more »

1 Answer | Asked in Employment Law for Wisconsin on
Q: I recently signed an employment contract with the anticipation of full time work. The contract has an effective date

of the signing of the contract so I assume it is in full effect even though I have not started yet. As of now they can offer 2-3 days of work a week with the hope/anticipation of 4-5 days within 3 months possibly, it is a healthcare position by the way. I have a competing offer that doesn't... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Jul 31, 2017

More information is needed to provide meaningful advice. It is often the case that breaching a contract is in one's best interest. If that is true for you, then you should breach the contract. Whether you would win in lawsuit over the breach should be of secondary consideration. I say that... Read more »

1 Answer | Asked in Employment Law for Wisconsin on
Q: Can I hire Employment Attorney from any location?

The employer sends the employee to various locations around the US to work with clients on a contractual basis. So the city the employee is located at is different from the Employer's city. If the employee wants to file a suit against the employer for wage & hour violations and... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on May 19, 2017

The suit should be filed in the employee's city: unless the employee believes that the city or state law where employer is, is more favorable than federal law. The employee may hire any attorney that is licensed to practice in jurisdiction where the action is filed. In some states, the law... Read more »

1 Answer | Asked in Employment Law for Wisconsin on
Q: Work paying me only $9hr when supposed to be making $11hr for last 6 months. Received no pay stubs to be alerted either.

I am 19 and I work at Buffalo Wild Wings where I have been for over a year. I started as a cashier making $9. But then I was asked if I wanted to be a cook instead and that they start at $11 an hour. I needed that extra money so I said yes and I've been working as a cook there for over 6... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on May 17, 2017

The short answer is yes. As long as you can show that the employer agreed to pay $11 per hour, you are entitled to that.

1 Answer | Asked in Employment Law for Wisconsin on
Q: Is it legal to work for two temp agencies at the same company at the same exact time being paid by both?

If it were two temp agencies paying me for working the same shift at a company at the same time would that be illegal or merely frowned upon?

William F Sulton Esq.
William F Sulton Esq. answered on Apr 24, 2017

While that is certainly strange, I do not see how it is illegal. The voluntary payment doctrine comes to mind. You just need to make sure that you are falsely representing that you only work for one company.

1 Answer | Asked in Employment Law for Wisconsin on
Q: Can a retail establishment not hire someone for a misdemeanor sex with minor conviction from 9 years ago?

The charge was sex with minor 16 or older (she was 17). He is not a registered sex offender - served a 3 month jail sentence and 3 years of probation with no issue and has no restrictions. The violation date was 7/2007 and actual conviction was 1/2008.

William F Sulton Esq.
William F Sulton Esq. answered on Apr 24, 2017

The short answer is no. Wis. Stat. s. 111.321 and 111.322(2) prohibit employers from denying employment to person just because they have been convicted of a crime. The general exception is that employers may deny employment where the job duties are substantially related to the elements of the... Read more »

1 Answer | Asked in Civil Rights, Employment Law and Personal Injury for Wisconsin on
Q: Have been victim of government surveillance in recent past that had led to invasion of privacy, hostile work environment


Peter N. Munsing
Peter N. Munsing answered on Oct 5, 2016

Depends on the nature of the surveillance. The American Civil Liberties Union has a guide to freedom of information requests which would be one starting place.Proving it's the government and not a private investigator is a different thing, but FOI requests would be a starting place. Do... Read more »

1 Answer | Asked in Medical Malpractice, Employment Law and Workers' Compensation for Wisconsin on
Q: I feel like my medical privacy has been violated in the workplace. Just curious about my options.
Peter N. Munsing
Peter N. Munsing answered on Sep 7, 2016

Generally, there are few remedies other than a slap on the wrist to the provider. Suggest you contact a member of the Wisconsin Assn for Justice that handles employment issues--they give free consultations.

1 Answer | Asked in Employment Law for Wisconsin on
Q: I quit my job on March 18th after 12 years and 1 week of being employed by them. I had just got my vacation time renew

ed because it was my anniversary date. I have 3 weeks of vacation coming plus 1 day that I was not allowed to use from last year. They indicated that they do not pay for unused vacation time. Is that legal?

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Mar 23, 2016

Most states do not have laws regarding payment of paid time off when one leaves a company. The general rule is that if a company policy says they will pay them out, then they have to.

1 Answer | Asked in Employment Law for Wisconsin on
Q: I had Doctor note for last week to be off due to bad flu and it stated I should not return till I had no fever for over

24 hours they ended up laying me off is this right

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Mar 15, 2016

Find a local attorney and go over all of the facts with them. There is way too little detail in your question, and there are a lot of questions your attorney would need to ask.

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