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Wisconsin Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Tax Law for Wisconsin on
Q: I am a nine month employee in a school district in Wisconsin. I receive an insurance buyout benefit because I do not use

Their insurance. We used to get the amount divided between our paychecks during our 9 months of employment. They are now dividing that benefit by 12 months, so we get less per paycheck. We are contracted to work 9 months, not 12. They do retroactively pay the amount they withhold during the summer... View More

James L. Arrasmith
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answered on Sep 14, 2023

If your employment contract specifies a particular payment structure for the insurance buyout benefit during your 9-month employment, your employer should adhere to the terms of the contract. If they unilaterally change the payment structure without your consent, it could potentially be a breach of... View More

1 Answer | Asked in Employment Law for Wisconsin on
Q: is it considered retaliation if i put my two weeks in at my job, then later i get fired ?

i was given a warning and i sign it, the next day i put in my two weeks, can a company fire me for putting in my two weeks ?

Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

In most states you are considered an "at will" employee, which means that you can quit or be terminated without any advance notice, and without any reason. Retaliation via an employment termination for giving 2 weeks notice of quitting, is not usually, by itself, a recognized form of... View More

1 Answer | Asked in Employment Law and Contracts for Wisconsin on
Q: I signed a contract that states if I quit I can't work for another company similar to there's with so many miles.

Will this hold up in court?

John Michael Frick
John Michael Frick
answered on May 19, 2023

It depends on information which is not contained in your question. You can take the contract with the non-compete to an employment lawyer in or near the county where you want to work.

The FTC has proposed a rule that will make non-competes invalid across the United States when it goes into...
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1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Civil Rights for Wisconsin on
Q: We're my rights violated under the Fair Credit Reporting Act (FCRA) and if so do I have any recourse?

I consented to a consumer report background check at my employer when up for promotion. An old active arrest warrant was discovered on the check. The employer did not notify me of the issue directly and instead contacted local law enforcement who then came looking for me. I do not believe the... View More

Bart Kaspero
Bart Kaspero
answered on Apr 3, 2023

The situation you have shared is very concerning and may very well be a violation of employment background check compliance (such as through the Fair Credit Reporting Act) as well as a number of related obligations imposed on employers who order criminal history information reports from third... View More

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... View 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... View 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... View 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... View 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: Do I have to disclose my new employer to my current employer if I signed a non compete?

I have a non compete and my new job is in the same industry, however it is not dealing with the same customers. Does this violate a non compete agreement?

John Michael Frick
John Michael Frick
answered on Apr 3, 2023

It depends upon the language of your non-compete and how broad in scope the law in the relevant state allows your former employer to enforce a non-compete in your industry and occupation.

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... 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 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... View 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... View 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... View 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... View 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... View 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... View 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... 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
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... 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 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... View 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... View 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.

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