By: 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:

By: 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.

By: 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.

By Attorney Kristen Nelson

It is a situation that can happen: a licensed health care professional is arrested for a first-offense operating while intoxicated (OWI), and they immediately hire a criminal defense attorney.

A first-offense OWI is not a criminal offense in Wisconsin, but rather a traffic violation. Depending on the county, the case may not even show up in CCAP (the Wisconsin Circuit Court Access Program).

By Attorney Erin Strohbehn

In the United States of America, everyone has the right to work in a professional setting free of sexual harassment, discrimination, and intimidation. In Wisconsin, sexual harassment and discrimination of any kind is prohibited in the workplace. According to the Wisconsin Fair Employment Act and the Civil Rights Act of 1964, victims of sexual harassment and discrimination may be able to recover financial damages if the proper measures were not taken to address these issues. Damages may include loss of income and physical and emotional suffering. When addressing these matters, employers will want to work with an experienced employment law attorney.

Sexual Harassment

Sexual harassment occurs when a person experiences unwelcome sexual advances, demands for sexual favors, or inappropriate verbal or physical conduct. Sexual harassment in the workplace typically falls into one of two categories: