Wisconsin Employment Legal Questions

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172 legal questions have been posted about labor and employment by real users in Wisconsin. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include whistleblower litigation, wage and hour law, and occupational safety and health (osha). All topics and other states can be accessed in the dropdowns below.
Wisconsin Employment Questions & Legal Answers - Page 7
Do you have any Wisconsin Employment questions page 7 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 172 previously answered Wisconsin Employment questions.

Recent Legal Answers

What can be done with an elected city clerk if she has been downright nasty with customers and refuses to give out paycheck?

Answered 12 years and a month ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Employment
Recall if that is allowed in your state or vote her out next time. Report her to the city attorney for failing to pass out your check.
Recall if that is allowed in your state or vote her out next time. Report her to the city attorney for failing to pass out your check.

If a person is taken off work due to stress at one job, can they still work at the no stress second job?

Answered 12 years and a month ago by William L. Sanders (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Employment
this is governed by company policy, and not by GA Law. Many employers do not permit their employees to work second jobs at any time. They may do this. Some employers do not permit their employees to work at their second job if they do not work that day at the primary job. Some employers do not care. Perhaps you should ask your employer.... Read More
this is governed by company policy, and not by GA Law. Many employers do not permit their employees to work second jobs at any time. They may do... Read More

If a person is taken off work due to stress at one job, can they still work at the no stress second job?

Answered 12 years and a month ago by John F Brennan (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Employment
I need the details. Do you think you have a worker's comp claim? Are there disability benefits. You need to counsel with an attorney as the normal course of action for a person in your position is to quit and find alternate employment.
I need the details. Do you think you have a worker's comp claim? Are there disability benefits. You need to counsel with an attorney as the normal... Read More

If a person is taken off work due to stress at one job, can they still work at the no stress second job?

Answered 12 years and a month ago by Atty. Richard F. Rice (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Employment
Probably based on the situation you have described.
Probably based on the situation you have described.

How do I get my 401K from my previous employer but keep getting excuses?

Answered 12 years and a month ago by William L. Sanders (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Employment
I do not know the answer, I do not know what law. You should submit the request in writing, on a form provided to you. But, it is likely the form will come from the administrator of the form, some one like Fidelity Investments, and not from your employer. It is likely you are not asking the right person. You should be aware that any 401k withdrawal is taxed in the year you withdraw, and if you are under 59.5 age, there is a penalty for withdrawing. You should seek the advice of a trusted tax advisior.... Read More
I do not know the answer, I do not know what law. You should submit the request in writing, on a form provided to you. But, it is likely the form... Read More

Was it wrongful termination if I was fired for a background check that I have already mentioned before I was hired?

Answered 12 years and a month ago by Richard Baker, Jr. (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Employment
Maybe. ?This course of action may be a violation of federal employment law and you should seek the advice of an experienced employment attorney who is familiar with the equal employment opportunity law, the Civil Rights Act of 1964, and the ?rules of the EEOC concerning background checks. The EEOC has very definite guidelines on how background checks can be used, and it appears from the limited information you provided, that a violation may have occurred. In general, an employer may use criminal background checks to exclude persons based upon "business necessity", and the convictions must be related to the job being performed (example: a person who has been convicted of theft may be excluded as a bank teller candidate, but a person convicted of DUI might not). ?There are additional protections if you are a member of a protected class or groups (African and Latino Americans are convicted at higher rates than whites for the same crimes i.e. drug use) and polices which discriminate against those groups have a disparate impact and have been held illegal. In order to pursue a discrimination claim, you MUST, WITHIN 120 DAYS OF THE TERMINATION, file a claim with the EEOC. Call the 800 number and the EEOC will provide you a packet of information and it may be helpful to have your employment attorney assist you with filing the charge of discrimination.... Read More
Maybe. ?This course of action may be a violation of federal employment law and you should seek the advice of an experienced employment attorney who... Read More

Do employers ask about tattoos and/or would these hinder me from getting a job as a lawyer?

Answered 12 years and 2 months ago by William L. Sanders (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Employment
It will depend on the law firm. This is not governed by any law. By the time you become a lawyer, tattoos will likely be more commonly accepted than they are now.
It will depend on the law firm. This is not governed by any law. By the time you become a lawyer, tattoos will likely be more commonly accepted... Read More

What legal steps can I take against my companyโ€™s unfair work ethics?

Answered 12 years and 2 months ago by William L. Sanders (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Employment
Work ethics are not a legal matter. There is no law that requires an employer to be ethical. Not all discrimination is illegal, and I am not sure I see anything illegal here. But, I do not accept discrimination cases, so I suggest you consult with an attorney that does. Likely, your remedy is to find a job, or wait for them to find an excuse to discharge you.... Read More
Work ethics are not a legal matter. There is no law that requires an employer to be ethical. Not all discrimination is illegal, and I am not sure... Read More

Is there any legal action I can take after my boss laid me off for the week which hurts my household money wise?

Answered 12 years and 2 months ago by Arman Moheban (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Employment
You need to file a claim for worker's compensation benefits that cover temporary disability benefits , ongoing medical treatment and a settlement for permanent disability and future medical care.
You need to file a claim for worker's compensation benefits that cover temporary disability benefits , ongoing medical treatment and a settlement for... Read More

Does my wife have the right to at least fight to collect unemployment?

Answered 12 years and 2 months ago by Atty. Richard F. Rice (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Employment
The State determines if your Wife is eligible for unemployment so she should file a claim. Contact an attorney if needed.
The State determines if your Wife is eligible for unemployment so she should file a claim. Contact an attorney if needed.

Does my wife have the right to at least fight to collect unemployment?

Answered 12 years and 2 months ago by Jack D. Longert (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Employment
In Wisconsin, she can apply for unemployment. She may have to prove that she was not fired for good cause.? The system is complicated and she should consult with someone in her area who knows unemployment compensation.
In Wisconsin, she can apply for unemployment. She may have to prove that she was not fired for good cause.? The system is complicated and she should... Read More

Does my wife have the right to at least fight to collect unemployment?

Answered 12 years and 2 months ago by William L. Sanders (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Employment
She should be eligible for unemployment in GA, but she will need an attorney experienced in unemployment law to win this. Most of the facts stated will not be relevant in the UI case. There are no suppressions in civil matters. That only applies to the police, not to GA DOL, and not to the employer.... Read More
She should be eligible for unemployment in GA, but she will need an attorney experienced in unemployment law to win this. Most of the facts stated... Read More

If I was working and the company didnโ€™t pay me for jobs Iโ€™ve done can I get the money thatโ€™s owed to me? How do I go about it?

Answered 12 years and 2 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Employment
Call your state's department of labor and report the employer.
Call your state's department of labor and report the employer.

If I was working and the company didnโ€™t pay me for jobs Iโ€™ve done can I get the money thatโ€™s owed to me? How do I go about it?

Answered 12 years and 2 months ago by Russell J. Thomas, Jr. (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Employment
Go to the nearest office of the State Labor Commissioner and fill out a complaint.
Go to the nearest office of the State Labor Commissioner and fill out a complaint.
The employer is required to consider and provide a reasonable accommodation for your daughter's disability, if there is a reasonable accommodation to provide.  A 7-8 week absence (the 3 she was off, and the additional 4 the doctor asked for) would seem to be a reasonable accommodation request.  The company would have to justify why it was not if it claims otherwise. Moreover, if the company has over 50 employees at this work location and your daughter was full time for the last 12 months, she would also be entitled to FMLA leave up to 12 weeks (minus whatever time she had already used). The doctor's request for an additional 4 weeks would need to indicate that he expected her to be able to return to work then, or reasonably expected her to be able to do so.  He need not guarantee that, but simply saying he had no idea and would have to evaluate if and when she could return would not help since the employer would need some reasonable estimate of a date when she could return to work.   Even with some uncertainly, the employer may not be required to have kept her position open, but terminating her without giving her the chance to check back when she was able to return may be deemed a violation of the ADA.  You should deffinitely meet with an attorney over this.... Read More
The employer is required to consider and provide a reasonable accommodation for your daughter's disability, if there is a reasonable accommodation to... Read More

Is it discrimination on my employers part?

Answered 12 years and 2 months ago by William L. Sanders (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Employment
I believe this is discrimination, but not illegal discrimination. Not all discrimination is illegal.
I believe this is discrimination, but not illegal discrimination. Not all discrimination is illegal.

Can I file a suit for discrimination for them claiming the HEP C was a liability?

Answered 12 years and 2 months ago by William L. Sanders (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Employment
The taxes being held are a separate issue, caused by the unemployment over payment. You should consult with an attorney that handles discrimination cases. I do not, therefore I can not advise me.
The taxes being held are a separate issue, caused by the unemployment over payment. You should consult with an attorney that handles discrimination... Read More

Can I file a suit for discrimination for them claiming the HEP C was a liability?

Answered 12 years and 2 months ago by Arman Moheban (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Employment
You need to file a claim for worker's compensation benefits that cover temporary disability benefits , ongoing medical treatment and a settlement for permanent disability and future medical care.
You need to file a claim for worker's compensation benefits that cover temporary disability benefits , ongoing medical treatment and a settlement for... Read More