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Milwaukee employment dispute attorneyIf you believe that you will be a party to an employment law dispute, such as a disagreement between an employer and employee about wages and hours, you may be wondering how the dispute will come to an end. In many cases, parties who have asked a court to settle their legal issues leave the process unsatisfied and not on good terms with one another.

Alternative dispute resolution (ADR) is an option for resolving workplace disputes that focuses on finding a solution or compromise that will be workable for both parties. One benefit of this process is that it can result in a continued working relationship between the employer and employee after the dispute has been resolved, which appeals to many people in this situation. 

What Is Alternative Dispute Resolution?

Litigation in court is the traditional method of settling legal disputes, and it is adversarial in nature. At the end of the litigation, a judgment will be made by a court and both parties will be bound by it. 

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Posted on in Employment Law

Milwaukee employment law attorney employer employee disputeWhether you are an employer or employee, you have rights under state and federal law, and you may also have rights which were contractually established in your specific situation. Here are four types of disputes that often arise in the area of employment law:

1. Wrongful Termination Allegations

Wrongful termination cases can be some of the most difficult and emotionally-charged employment law disputes. These cases often put an employee’s work on trial. It should be noted that Wisconsin is an at-will employment state, meaning that an employer may terminate any employee for any reason so long as there is no contract in place and so long as the employer does not violate certain discrimination and retaliation laws.

2. Wage Disputes

This type of lawsuit arises when an employer is accused of not properly compensating a worker for their time on the job. This can include not paying workers for overtime or earned tips or not allowing regular paid breaks. Employers must also pay workers minimum wages. The current Wisconsin and federal minimum wage is $7.25 per hour. 

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disabled employees, Milwaukee employment law, Milwaukee employment law attorneys, employee disability,  employee accommodationsThe laws in the United States provide employees with certain protections if they have a disability, thus ensuring they will not face discrimination because of any physical or mental conditions they experience. The Americans with Disabilities Act (ADA) requires employers to provide disabled employees with reasonable accommodations that will allow them to have the same employment opportunities as other employees.

However, while the concept of “reasonable accommodations” may seem clear when it comes to meeting an employee’s needs in the workplace (such as ensuring a workplace is wheelchair accessible), it becomes less so when considering requests for employee leave. An understanding of employment law is often required when determining whether leave requests fall under the umbrella of reasonable accommodations.

What is a Reasonable Accommodation?

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Milwaukee employment law attorneys, employment law, non-compete agreement, employee agreement, employment contractAs an “employment-at-will” state, Wisconsin provides employers and employees with the protection of an implied contract allowing either party to end employment at any point for any legally valid reason. However, many employers ask employees to sign employment contracts before they are hired or when they are terminated.

These contracts often contain a non-compete agreement (also known as a non-compete clause) which provides protections for an employer following an employee’s discharge. When creating these agreements, employers should be sure that they are correctly following Wisconsin employment law.

Creating Valid Non-Compete Agreements

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Gimbel, Reilly, Guerin & Brown, LLP

330 East Kilbourn Avenue
Suite 1170
Milwaukee, WI 53202

Phone: 414-271-1440
Fax: 414-271-7680
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