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Wisconsin Employment Law Questions & Answers

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 actual... Read more »

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 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. 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 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 should...
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. 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 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 pay... Read more »

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 because... 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 retaliation, should... Read more »

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 permits... 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 months... Read more »

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. 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. 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

abc

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 understand... 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 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 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 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.

1 Answer | Asked in Employment Law for Wisconsin on

Q: If I was physically assaulted by my employer, what should I do?

I was slapped in the face by my employer last year. Didn't know what to do and now I'm thinking about it and think something should have been done legally.

Robert Jason De Groot answered on Sep 8, 2015

Why did you wait for a year? That was a battery and it was a crime. Now, a year later you ask if you can report it to the police?

1 Answer | Asked in Employment Law for Wisconsin on

Q: Does the suaztez vs plastic dress up co. also count for wisconsin regarding to vacation pay after termination

Nick Passe answered on Feb 10, 2012

Could you please rephrase your question?

1 Answer | Asked in Employment Law for Wisconsin on

Q: Can an employer legally not pay you for holiday pay if emergency occured & had dr excuse not to return for 3 days?

Nick Passe answered on Feb 10, 2012

Your question is unclear; no employer is required to pay holiday pay or sick pay unless a contract says otherwise.

1 Answer | Asked in Employment Law for Wisconsin on

Q: Can my employer deduct from my pay the processing fee when a client pays with a credit card? Is it legal?

Nick Passe answered on Feb 10, 2012

There is a statute about what can be deducted from wages. You should speak to an employment law attorney about the details of your situation because what you describe may not fit the statute precisely. You might be able to find an attorney willing to do some preliminary research for little or no... Read more »

1 Answer | Asked in Employment Law for Wisconsin on

Q: Employment harassment due to disability, loss of said employment. Now they wish to settle. I forfeit my rights.

Settlement is for $3750 after attorney fees. I have to give up my right to free speech, infringement on my right to seek employment, and sell out my integrity. At least if I lose in court they cannot take away my rights. I wish there were somewhere I could get answers. The only answer from my... Read more »

Nick Passe answered on Feb 10, 2012

Work with your attorney and try to decide which is the correct route to take. No attorney can offer you legal advice when you are already represented. It sounds like you have already identified the rub in your situation; such tradeoffs are not uncommon. Good luck.

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