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How Can Employers Avoid Accusations of Wrongful Termination?

Posted on in Employment Law

b2ap3_thumbnail_attn-jaclyn_20220817-202310_1.jpgBy: Attorney Jaclyn Kallie

Wrongful termination is a serious accusation that can have potentially devastating consequences for employers. If a former employee or an outside agency believes that an employee has been wrongfully terminated, the employer can face an investigation, fines, and other penalties. It is important for employers to understand the legal implications of wrongful termination, and they should take steps to ensure they are not accused of such wrongdoing. With the help of an employment law attorney, an employer can make sure they are protected against potential wrongful termination claims.

Understanding the Rights That Apply to Employers

It is important for employers to understand their rights when it comes to dismissing employees. In Wisconsin, employment is considered “at-will,” meaning an employer can terminate an employee at any time, with or without cause. However, there are exceptions to this rule; for instance, employers cannot terminate employees based on their race, gender, religious affiliation, or other protected characteristics. They are also prohibited from firing employees who have reported workplace safety issues or violations of laws or regulations by a company or its personnel. In addition, employees cannot be terminated for filing workers' compensation claims, reporting sexual harassment, or taking leave under the Family Medical Leave Act. By understanding their rights—and what they can and cannot do when it comes to terminating someone—employers can make sure they take the correct steps to avoid wrongful termination claims.

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Employment Law Issues to Be Aware of When Using Remote Workers

Posted on in Employment Law

b2ap3_thumbnail_attn-jaclyn_20220817-202310_1.jpgBy: Attorney Jaclyn Kallie

The use of remote work has increased considerably since the onset of the COVID-19 pandemic. More and more people have been able to work from home, and the ease of online communications has allowed employers to hire people located in other states or even other countries. The growing use of remote work has changed the way many businesses operate, and it has opened up a range of opportunities for both employers and employees. However, it is critical for employers who utilize remote workers to understand the employment laws and regulations that may apply in these situations. Here are some critical legal issues to be aware of with respect to remote employment.

Applicable Law

Knowing what law applies to remote employees is critical to understanding the implications of this business decision. Generally, the default rule is the state where the employee resides is the applicable law. This applies to laws regarding wage and hour, employee injuries and employer data protection, among others. This distinction is particularly important where the laws differ significantly between the home state of the business where a majority of its workforce may reside and that of a single remote employee. For example, where a Wisconsin based company hires a remote employee who lives and works in California, the business must be aware of the differences in various employment laws between the two states. One such distinction relates to restrictive covenants: in California restrictive covenants are virtually unenforceable whereas in Wisconsin they are enforceable. By understanding the differing laws ahead of time, employers can avoid claims for violating them later on.

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Avoiding Employment Scams in Wisconsin

Posted on in Employment Law

b2ap3_thumbnail_JAKheadshot_20220221-181537_1.jpgBy: Attorney Jaclyn Kallie

Scams that prey on those who are seeking employment can be particularly cruel - and they are on the rise. Parents of young children, in particular, began seeking work-from-home opportunities more and more during COVID-related school and office closures. In the past, employment scams were a bit easier to spot. Before the pandemic, the simple fact that an employment ad offered a well-paid work-from-home opportunity was often enough to raise suspicions and trigger a deeper investigation. Now that a significant number of legitimate companies have most or all employees working remotely, spotting an employment scam can be trickier. There are, however, a few signs of a questionable position you can keep an eye out for. 

What Are Some Telltale Signs of an Employment Scam?

The sad truth is that these scams prey on those who are already struggling and in need of work. Parents of young children who suddenly had little choice but to work from home when schools shifted to online learning during the pandemic are common victims. Other common victims are young adults struggling to break into the workforce, who may lack the life experience to spot a questionable job ad. Signs to look out for include:

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What You Need to Know About Non-Compete Contracts in Wisconsin

Posted on in Employment Law

b2ap3_thumbnail_JAKheadshot.jpgBy: Attorney Jaclyn Kallie

Being asked to sign a non-compete contract when you start a job may seem like standard procedure, or it could be a big risk for you, depending on your location and what line of work you are in. Non-competes may include any number of restrictions related to what type of work you can do, where, and when. While generally enforceable, in some cases these agreements may not be enforceable in whole or in part. If you feel that your non-compete clause is truly hindering your career progress and opportunities, it may be worth consulting an attorney for an evaluation. The agreement you signed may not be as ironclad as you may think. 

When is a Non-Compete Clause Unenforceable in Wisconsin?

In determining whether non-compete clauses are enforceable, Wisconsin law attempts to balance the freedom to move within the labor market with the protections companies seek to obtain with these agreements.  If every company was allowed to require every employee to sign a non-compete as a condition of employment, it would be quite difficult for the labor market to function.  Changing jobs could become quite difficult if this were the case.  Therefore, to be enforceable the terms of a non-compete clause must be reasonable and allow an employee to obtain employment, albeit with restrictions.  A few things you should know about non-compete clauses include: 

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When Can an Employee Pursue Compensation for Wage Loss?

Posted on in Employment Law

b2ap3_thumbnail_Capture1.JPGBy: Attorney Jaclyn Kallie

There are a variety of employment law disputes that may arise between employers and employees.  Wage and hour disputes can occur if one or more employees believe that an employer has committed wage theft by failing to properly compensate them for the work they performed.  Employers and employees in Wisconsin will need to understand how the state’s laws address these issues and the options available for resolving these disputes.

Common Wage and Hour Claims

Wage loss claims may address multiple types of issues, including:

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