Wisconsin Employment Contracts Legal Questions

Theoretically your former employer can seek to enjoin you from working for anyone else until 90 days after you gave notice, but in the real world, unless you have very specialized skills (for example, if you were Britney Spears and were trying to leave your contract to perform in a venue early) there is virtually no chance that they would sue you, and virtually no chance that their suit would succeed if they tried.... Read More

Noncompetes which provide that the employee will not take a job with one of his employer's customers can certainly be enforceable, but, although there are many relevant factors which are not included in your description (What will you be doing for the state?  For example, the provision is a lot more likely to be enforced if you will be maintaining the same phones and just cutting your former out of the loop by working directly for the state than if you would be doing something  entirely unrelated to your prior employment, like being a toll booth attendant.  How long does the non-compete run and over how wide a geographical area?  Will you be using anything in  your new job which could be considered a trade secret of your former employer?  Did you get the job with the state through your prior job?  etc., etc., etc.) it is unlikely that such a covenant would be enforced against an employee in your position.  However, even though I think that you would probably prevail in the end, there is nothing to stop your former employer from suing you for breach of the non-compete if he/she/it wants to give you a hard time and send a message to other employees who might be thinkiing of leaving. Your first step should be to read the actual agreement that you signed, and see if what you are proposing to do would violate it.  Frankly, I doubt that it prohibits you from taking a job with the state, which I think is unlikely to be considered a "customer" under the agreement.  Also, even if the agreement prohibits you from taking a job with the state, I doubt that it prevents you from taking all state jobs, just certain ones which compete with your former employer. ... Read More

Do you have a contract which limits your employer's right to terminate you, or provides that it can't change the conditions of your employment?  If not, you can be fired for any reason not prohibited by statute (e.g. because of your race, religion, etc.)  Your employer has no obligation to keep the conditions of your employment unchanged forever.  It is now changing those conditions to require that you use your personal vehicle.  If you refuse to accept the change, you can be fired.   BTW, I'd be surprised if your employer's insurance didn't cover any accident you got into while using your car for business purposes.  If it doesn't, your employer is at serious risk, since it can be liable for damages caused by your negligence in the course of your employment and, even if your insurance provided coverage, it could very well not be enough to cover everything.... Read More

In Wisconsin, whether you are entitled to be paid unused vacation pay upon termination depends on the employer's policies and practices. If the written policy on vacation pay says you get paid vacation pay upon termination, then you have a right to that payment. If the policy says unused vacation pay is not paid, then you don't get it. If the policy is silent, then the general rule is that an employer is obligated to pay it. If you believe you should receive the vacation pay, then you can file a complaint with the Labor Standards Bureau for the Equal Rights Division of Wisconsin's Department of Workforce Development. It will conduct an investigation and attempt to recover the unpaid vacation as a wage. The only limitation is that if you were in a management position, commissioned sales or privy to the employer's financial information, you may not be covered by the wage law. Then you have a claim for breach of contract that you could pursue in a Wisconsin court.... Read More

There are 2 means typically that I know of for employees to find out reasons for termination when the employer does not or will not provide one. One is by filing a claim for unemployment benefits. The employer is suppose to respond and state the basis for your termination. The other is to ask to review or a copy of your personnel file, and in doing so, finding a document that states the reason for termination. In Wisconsin, you have the right to review and even obtain a copy (for a fee) of your personnel file within 7 days of a request, which I recommend to send in writing. If the employer does not permit you to review the file, the Equal Rights Division of the Department of Workforce Development will take a complaint and make efforts to get the employer to comply. It usually works. If you suspect the employer terminated your employment based on a prohibited characteristic like gender, age, national origin, or other protected characteristic, then you can file a complaint of discrimination with the Equal Rights Division. But do not delay, as the general rule is that such complaints must be filed within 300 days.... Read More

This is a difficult scenario, but there is the potential for protection under Wisconsin law and possibly the ADA if you informed your employer of the medical condition and asked for some accommodation for it. Clemency and forbearance from disciplinary measures can be a form of accommodation. The difficult part of your situation may be that the employer already terminated your employment. You may want to consult with an employment attorney to discuss communicating with the employer immediately about the situation, asking for clemency and forbearance from discipline and consider filing a complaint of discrimination with Wisconsin’s Equal Rights Division. Don’t delay, claims of discrimination must generally be filed with the EEOC or the ERD within  300 days of the discriminatory act.   Gordon LeechAttorney/Managing MemberConsumer & Employment Law Center of Wisconsin4701 N. Port Washington Rd, Suite 101Milwaukee, WI 53212Tel. 414-431-1920Web: www.celcwi.comBlog: www.wisconsin-consumer.comEmail: gleech@celcwi.com... Read More

The disclaimer you propose seems like a good idea, but it will provide no guarantee that you won't be sued.  A better one might be (I don't know if its practical business-wise) to take out a general ad in a trade publication with contact information; then if one of your former employer's employees contacts you, they will arguably be soliciting you for a job offer, rather than you soliciting them in violation of your employment contract. Either way, you could be sued.  If what you write is true and you can prove it, it is likely that you will win the suit, but you will still have to spend time and money defending it (I assume that your employment contract didn't contain a provision requiring the loser of any lawsuit to pay the winner's attorneys' fees and legal costs).  Unfortunately, this is one of the main reasons why employers include restrictive covenants in their contracts.  Courts are often loathe to enforce a non-competition covenant (although more likely to enforce a non-solicitation covenant, particularly one dealing with anti-raiding of employees rather than non-solicitation of customers), but just the presence of such a clause, and the knowledge that it will cost time and money to defend a suit, often intimidates former employees from competing.... Read More

The contract was likely with the business, and the now-deceased wife was acting on behalf of the business, presumably from what you describe. If this is the case, then you probably still have a right to the commission. Your claim is against the business. Whether you have a claim, though, depends on various legal doctrines as applied to the facts of your particular circumstances. I recommend that you contact an attorney that represents employees and is licensed in Wisconsin to review the situation with you and determine what, if any, rights you have to enforce the agreement.... Read More

An employer in Wisconsin can go beyond the answers an applicant provides about the reasons for leaving prior employment. If the employer contacts the prior employer directly, there are no procedures the prospective employer must follow. If, however, the prospective employer hires a third-party to make such contacts/get references, then you have certain rights under the Fair Credit Reporting Act as it applies to employment background checks. I have more information on the act and your rights when such reports are used for employment purposes on our website, which you may find helpful if your prospective employer is going to use a background report it obtains through a third party. The relevant pages from our website are at http://www.celcwi.com/background_investigation_employment.html#Employment_Background_Reports_Generally Gordon Leech Consumer & Employment Law Center of Wisconsin 414-431-1920... Read More

As a general matter, such agreements are enforceable as long as your remaining compensation exceeds the minimum wage. It is not illegal for employers to pay long-term employees for their loyalty and to provide disincentives for employees to leave. You knew what you were signing when you signed it. If you have concerns about this arrangement, see an attorney.... Read More

Did you have a contract with your employer which stated the grounds for which you could be fired?  In some cases, such an agreement could be oral, or could be in the form of an employee manual.  However, in most jurisdictions, if you don't have such an agreement you are employed "at will", and can be fired for any reason except those that are prohibited by statute (e.g. discrimination on the basis of race, whistle blowing, etc.) ... Read More