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Wisconsin Employment Law Questions & Answers
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... Read 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... Read 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Q: Offer Letter Rescinded/Altered after Acceptance.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... Read 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... Read 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... Read 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... Read more »

1 Answer | Asked in Employment Law for Wisconsin on
Q: Am I getting fired?

I live in Wisconsin. In May, I was verbally warned not to work outside of the hours that I was clocked in. In June, I was verbally warned and also sent an email warning to not work outside of the hours that I was clocked in when I got caught a second time doing it. On 12/22, my boss called me... Read more »

Carrie Dyer
Carrie Dyer
answered on Jan 6, 2021

If an employer is aware that you are performing work that is unpaid, the employer would be liable for wage and hour law violations. The employer's remedy is to impose discipline, not to withhold payment. Thus, HR is likely trying to determine the amount of unpaid hours that you have worked... Read more »

1 Answer | Asked in Employment Law for Wisconsin on
Q: Is it illegal for your boss to keep $100 from your paycheck if there’s a mess up at the register?

Located in Wisconsin. Hourly wage.

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 15, 2020

Federal law requires that you be paid at least minimum wage for all hours worked. So, if your employer's withholding $100 from your check results in your hourly rate falling below minimum wage, this is not permissible.

1 Answer | Asked in Employment Law for Wisconsin on
Q: Are there ways to avoid paying a sign-on bonus back?

I received a sign-on bonus that is contingent on me working a full year. The job is being a technical analyst. This is a consulting gig for software. Instead, the company has me working as a call center rep for unemployment. I feel as if I was lied to about what I would be working on and accepted... Read more »

Carrie Dyer
Carrie Dyer
answered on Dec 2, 2020

Probably not, but you should have your employment agreement / bonus agreement reviewed by an attorney in your area who practices employment law to be sure. There may be other terms in your agreement that are relevant to this determination.

1 Answer | Asked in Employment Law for Wisconsin on
Q: Pay due to covid 19

My boss hasn't given me a check stub since my first week of employment 09/25/2020 upon several requests. I recently contracted covid through the job, everyone in my home is negative. She's refusing to pay me for the two weeks I'm off because, she says her company doesn't support... Read more »

Kyle Anderson
Kyle Anderson
answered on Nov 11, 2020

More information is needed here. How many employees work for the business? The Families First Coronavirus Response Act covers employers with less than 500 employees. There is an exception for employers with less than 50 employees, but the employer would need to show paying you for two weeks would... Read more »

1 Answer | Asked in Employment Law for Wisconsin on
Q: Can a restaurant take 20% of my tips to give to the kitchen staff or to other tipped servers that work “bad” shifts?
Rhiannon Herbert
Rhiannon Herbert
answered on Aug 26, 2020

The Fair Labor Standards Act ("FLSA") is the federal law governing tip pooling agreements. While tip pooling is generally permissible, your employer can only require you to pool your tips with other employees who customarily receive tips (for example, other servers or bartenders). Your... Read more »

1 Answer | Asked in Employment Law for Wisconsin on
Q: If I give a two-week notice to my employer, can they turn around and fire me and not pay me out for my vacation days?

I live in Wisconsin, and I am not part of a union.

Rhiannon Herbert
Rhiannon Herbert
answered on Aug 19, 2020

Once you put in your two weeks' notice, your employer is not required to wait until the two weeks are up to terminate your employment. Whether you are entitled to your vacation days likely depends on the policy set forth in your employee handbook. If your handbook states that unused PTO will... Read 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... 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  Day
PREMIUM
Eric 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...
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