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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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When Can an Employee Pursue Compensation for Wrongful Termination?

Posted on in Employment Law

Wisconsin severance package attorneyBy: Attorney Jaclyn Kallie

The loss of a job can cause a great deal of difficulty for a person and their family.  There are a variety of situations where an employee may be laid off, fired, or otherwise terminated, and in some cases, employers may violate the laws when terminating an employee.  Those who have been wrongfully terminated may be able to take legal action against their former employer, and they may recover compensation for the financial losses they have experienced.  In these cases, employees can work with a skilled employment law attorney to determine their best options for holding an employer responsible for its wrongful actions.

Retaliatory Discharge and Other Forms of Wrongful Termination

The laws in Wisconsin follow the doctrine of at-will employment, and this means that an employer or employee can terminate employment at any time for any reason that does not violate the law or go against public policy.  However, there are a number of situations in which an employer is not allowed to terminate an employee, including:

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When Are Non-Compete and Non-Solicitation Agreements Enforceable in Wisconsin?

Posted on in Employment Law

Wisconsin severance package attorneyBy: Attorney Jaclyn Kallie

Many employees encounter employment law issues involving a current or former employer, and these issues may affect their ability to find new job opportunities or earn income based on their skills and experience.  Employees are often asked to sign non-compete or non-solicitation agreements as part of an employment contract or severance package.  Before signing these agreements, employees should be sure to understand the types of restrictions that may be placed on them and whether an agreement will be enforceable if disputes should arise in the future.

Enforceability of Restrictive Covenants in Wisconsin

A non-compete agreement may prohibit an employee from working for a competitor, starting a competing business, or engaging in other competitive activities after leaving a company.  A non-solicitation agreement may prohibit a person from attempting to hire other employees of a company, or a former employee may be restricted from contacting a company’s customers and offering to provide them with goods or services that were provided by their former employer.  These agreements are known as “restrictive covenants” since they place restrictions on the types of business activities a person can engage in.

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What Employees Need to Know When Negotiating Severance Packages

Posted on in Employment Law

Wisconsin severance package attorneyBy: Attorney Jaclyn Kallie

Being laid off or terminated by an employer can cause significant difficulties for an employee.  The loss of income may affect a person’s ability to provide for themselves and their family.  A terminated employee may also be concerned about the loss of medical insurance or other benefits.  Fortunately, some employers offer severance packages to employees who are being terminated.  These packages may include severance pay or the extension of benefits while a person is searching for a new job.  Before signing a severance agreement, it is a good idea for a person to consult with an employment law attorney who can advise them of their rights and assist in negotiating more favorable terms.

What Can Be Included in a Severance Agreement?

Federal laws and Wisconsin state laws do not require employers to offer severance pay to workers who are being terminated.  However, it is often to an employer’s benefit to do so, since a severance agreement may allow them to prevent legal claims by a former employee, as well as potential competitive behavior.  Under the federal Age Discrimination in Employment Act (ADEA), employees who are over the age of 40 must be given 21 days to consider a severance agreement, and after signing an agreement, they will have seven days to rescind the agreement.  In many cases, a company will provide employees under the age of 40 with similar amounts of time to determine whether to sign an agreement.

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