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Wisconsin Employment Discrimination Questions & Answers
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 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.

2 Answers | Asked in Employment Discrimination for Wisconsin on
Q: Even though it’s petty can a employer tell you what to wear?
John Michael Frick
John Michael Frick
answered on Sep 14, 2023

Yes, with certain limited exceptions based upon religious beliefs.

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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

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... View More

Cynthia Pietrucha
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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... View 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... View 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... View More

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... View 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 Discrimination for Wisconsin on
Q: I was on probation at the time I applied for employment. I was denied because of my criminal background. Is this ok.
William F Sulton
William F Sulton
answered on Apr 17, 2018

Sections 111.321 and 111.322(1) of the Wisconsin Statutes prohibit employers from denying opportunities because of an arrest or conviction record. The facts you describe violate those prohibitions.

1 Answer | Asked in Personal Injury and Employment Discrimination for Wisconsin on
Q: I was let go from my job due to a loss in performance (due to injury).is this legal?

Found out 2 weeks after terminated my injury has been caused by my job. Can i sue them for this in wisconsin?

Peter N. Munsing
Peter N. Munsing
answered on Nov 6, 2017

Your remedy is workers comp. Look for a member of the Wisc. Assn for Justice who handles workers comp and employment issues.

1 Answer | Asked in Employment Discrimination for Wisconsin on
Q: Is our company vulnerable to a gender discrimination suit?

My partners recently voted to hire a less qualified male over a much more qualified female. The vote was for a managers position that is being vacated by a male. Our wisconsin LLC has no female managers. All partners agreed the female was much more qualified. When I suggested that this might leave... View More

William F Sulton
William F Sulton
answered on Jul 14, 2017

There is a more practical question: what is the likelihood that the female candidate will sue? Most business decisions boil down to managing risk. And in terms of litigation, businesses need to consider and weigh likelihood of a lawsuit and the likely cost of defending a lawsuit. It is probably... View More

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