Wisconsin Employment Law Questions & Answers
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?
Eric Steven Day's answer
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 responsible for the medicare and FICA tax to come out of your pay. This would be your responsibility and likely be taken care of when you file your Schedule C on your Personal Tax Return. There are some jobs...
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 responsible for the medicare and FICA tax to come out of your pay. This would be your responsibility and likely be taken care of when you file your Schedule C on your Personal Tax Return. There are some jobs...
Q: I have a note against the company I work for. I loaned the company money. How can I collect the money?
1 Answer
| Asked
in
Business Law, Collections and Employment Law
for
Wisconsin
on
Answered on Apr 23, 2018
Answered on Apr 23, 2018
Q: I have been suspended from my job pending an investigation but my employer will not tell me what it’s about?
William F Sulton Esq.'s answer
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 before you are interviewed.
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 before you are interviewed.
Q: Offered a job pending a background check? Worried about a bankruptcy on my credit report?
Cristina M. Lipan's answer
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 not be taken as legal advice.
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 not be taken as legal advice.
Q: Can a civil suit for intentional tort with an employer turn criminal based on the dollar amount (fraud)?
Stephen Pleck Johnson's answer
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 prosecution. This is a general answer based on very limited information. It could change based on additional data.
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 prosecution. This is a general answer based on very limited information. It could change based on additional data.
Q: I recently signed an employment contract with the anticipation of full time work. The contract has an effective date
William F Sulton Esq.'s answer
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 a lot of breaches do not result in a lawsuit. And it is unlikely that the facts, as you have described them, would result in a lawsuit. That being said, it is a defense that your reasonable...
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 a lot of breaches do not result in a lawsuit. And it is unlikely that the facts, as you have described them, would result in a lawsuit. That being said, it is a defense that your reasonable...
Q: Can I hire Employment Attorney from any location?
William F Sulton Esq.'s answer
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 unlicensed attorneys to represent clients in administrative proceedings related to wage-and-hour claims.
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 unlicensed attorneys to represent clients in administrative proceedings related to wage-and-hour claims.
Q: Work paying me only $9hr when supposed to be making $11hr for last 6 months. Received no pay stubs to be alerted either.
William F Sulton Esq.'s answer
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.
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.
Q: Is it legal to work for two temp agencies at the same company at the same exact time being paid by both?
William F Sulton Esq.'s answer
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.
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.
Q: Can a retail establishment not hire someone for a misdemeanor sex with minor conviction from 9 years ago?
William F Sulton Esq.'s answer
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 crime. That is not the case here.
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 crime. That is not the case here.
Q: Have been victim of government surveillance in recent past that had led to invasion of privacy, hostile work environment
1 Answer
| Asked
in
Civil Rights, Employment Law and Personal Injury
for
Wisconsin
on
Answered on Oct 5, 2016
Answered on Oct 5, 2016
Peter Munsing's answer
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 when making website inquiries these are public websites so you don't want to use websites or social media for your research, nor do you want to put any of your facts on public website inquiries.
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 when making website inquiries these are public websites so you don't want to use websites or social media for your research, nor do you want to put any of your facts on public website inquiries.
Q: I feel like my medical privacy has been violated in the workplace. Just curious about my options.
1 Answer
| Asked
in
Medical Malpractice, Employment Law and Workers' Compensation
for
Wisconsin
on
Answered on Sep 7, 2016
Answered on Sep 7, 2016
Peter Munsing's answer
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.
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.
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
Mr. Michael O. Stevens' answer
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.
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.
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
Mr. Michael O. Stevens' answer
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.
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.
Q: If I was physically assaulted by my employer, what should I do?
Robert Jason De Groot's answer
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?
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?
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's answer
Your question is unclear; no employer is required to pay holiday pay or sick pay unless a contract says otherwise.
Your question is unclear; no employer is required to pay holiday pay or sick pay unless a contract says otherwise.
Q: Can my employer deduct from my pay the processing fee when a client pays with a credit card? Is it legal?
Nick Passe's answer
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 cost.
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 cost.
Q: Employment harassment due to disability, loss of said employment. Now they wish to settle. I forfeit my rights.
Nick Passe's answer
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.
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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