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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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How Is Child Custody Addressed in a Same-Sex Divorce?

Posted on in Family Law

milwaukee divorce lawyerBy: Attorney Max Stephenson

Since 2014, same-sex marriage has been legal in Wisconsin, and LGBTQ couples have the same rights as opposite-sex husbands and wives. These rights also extend to divorce, and if a same-sex couple chooses to end their marriage, each spouse’s rights will be protected when addressing issues such as property division and spousal support. Same-sex parents will also usually have the right to share child custody. However, there are some complications that may arise in these cases, and LGBTQ parents should be aware of how these matters may be handled when they get divorced or when partners break up.

Issues Related to Child Custody in an LGBTQ Divorce

Wolf v. Walker, the Wisconsin Supreme Court case that legalized same-sex marriage, made it clear that when the state’s laws refer to a “husband and wife,” this also includes same-sex couples. This means that same-sex parents will share the same rights toward children as opposite-sex parents. This may become an issue when determining paternity for a child. If a child is born to a mother who is legally married, her spouse will be recognized as the child’s parent, regardless of that spouse’s sex. This will ensure that a same-sex spouse will have parental rights if the parents get divorced, even if the spouse is not the child’s biological parent.

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What Are My Options if I Was Excluded from a Loved One’s Will?

Posted on in Estate Planning

b2ap3_thumbnail_attn-erin-2.jpgBy: Attorney Erin Strohbehn

When a person creates a last will and testament, they will make decisions about what should be done with their property and assets after their death. A person may choose to divide their assets among their loved ones, including their spouse, children, or other family members, and they may also specify that money or assets should be donated to charity or used for other purposes. In some cases, a person who expected to receive an inheritance may find that they were excluded from their loved one’s will, and they may wish to pursue probate litigation to address this issue. In these situations, a person will need to understand their rights and legal options.

Contesting a Will in Wisconsin

The terms of a person’s last will and testament will generally be followed, as long as the will was valid and executed correctly. In some cases, a presumed beneficiary may contest the validity of a will. A beneficiary may claim that the person did not have “testamentary capacity,” meaning that they were not of sound mind when they created their will or did not fully understand the decisions being made. A will may be challenged if a beneficiary believes that someone exerted “undue influence” on the person, such as by threatening or coercing them into creating a will that went against their actual wishes. Challenges to a will may also be based on claims of fraud or forgery, such as the belief that the will was altered by another party after it was signed.

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When Can Beneficiaries Pursue Trust Litigation Against a Trustee?

Posted on in Estate Planning

b2ap3_thumbnail_attn-erin-1.jpgBy: Attorney Erin Strohbehn

There are multiple types of trusts that can help protect assets. When a trust is created, assets will be placed in the control of a trustee, who will ensure that money or property will be properly distributed to the beneficiaries named in the trust. However, disputes can sometimes arise between the beneficiaries of a trust and the trustee. In these cases, beneficiaries will need to understand their legal options, including whether they can pursue litigation and what remedies may be available for a breach of trust.

Breach of Trust Litigation

A trustee owes a fiduciary duty to the beneficiaries of a trust. This means that they are required to act in the beneficiaries’ best interest when managing the assets in the trust and distributing assets to beneficiaries. Beneficiaries may believe that a trustee has committed a breach of trust if they failed to follow their fiduciary duty. For example, a trustee may be accused of mismanaging the trust’s assets or using assets in the trust to pay themselves more than what would be appropriate. A trustee may also have a conflict of interest when managing assets, such as by using the funds in the trust to invest in a business that they own.

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How Would Britney Spears’ Conservatorship Be Handled in Wisconsin?

Posted on in Estate Planning

Milwaukee estate planning lawyerBy: Attorney Erin Strohbehn

Issues related to adult guardianship have been in the news recently due to a prominent legal case involving Britney Spears. The pop star has spoken out against the conservatorship that has given her father and others control over her life and finances. Because of this, people in Wisconsin may be curious about their own rights in guardianship cases. Those who are looking to establish guardianship or conservatorship for an adult and people who may need assistance with their personal or financial needs can consult with an estate planning attorney to understand their rights and options.

Details of Britney Spears’ Conservatorship Case

As a person who is in the public eye, Britney Spears’ personal struggles have been well-known. Following a meltdown in the mid-2000s, she was placed on an emergency psychiatric hold, and this led people close to her to establish a conservatorship in which her father, Jamie Spears, and other people assumed control over her personal and financial affairs. While some people involved have stated that this conservatorship was meant to be temporary, it has remained in place for 13 years. Ms. Spears has attempted to get out of this legal agreement, and she has claimed that she has been forced to take medications against her will and that she has no control over whether she can get married or have children. Notably, Jamie Spears has received compensation for serving as his daughter’s conservator, including an annual salary of $130,000 and a percentage of the revenues from her performances.

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What Are the Penalties for Computer Crimes in Wisconsin?

Posted on in Criminal Defense

milwaukee criminal defense lawyerBy: Attorney Cameron Weitzner

In the 21st century, people spend a significant percentage of their time online or using computer systems or electronic devices. While most computer-related activity is completely legal, certain activities could potentially lead to criminal charges. Those accused of committing computer crimes will need to understand how the law addresses these types of illegal activities and the potential consequences they could face if they are convicted.

Computer-Related Criminal Charges in Wisconsin

Wisconsin law defines a number of criminal offenses related to computers. These offenses may affect computer data and programs (software) or physical computer systems or networks (hardware). Software-related offenses include illegally accessing computer systems or programs (commonly known as hacking) or modifying, destroying, copying, or taking possession of data or related documentation. Hardware-related offenses include the theft, destruction, or unauthorized use or modification of a computer system, network, equipment, or supplies.

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How Can Dog Bite Victims Pursue Compensation for Their Injuries?

Posted on in Premises Liability

dog bite lawyerBy: Attorney Chris Strohbehn

For many people and families, dogs are loving companions. Because of this, it can be easy to forget that dogs can also be dangerous, and they can inflict serious injuries when they bite or attack someone. By working with a personal injury attorney, dog bite victims can take legal action to pursue financial compensation that addresses their injuries and any other damages they have suffered.

Liability for Dog Bites Under Wisconsin Law

Victims of dog bite injuries have the right to pursue compensation from an animal’s owner or another person who was in control of a dog, such as a landlord or pet sitter. Wisconsin law states that a dog’s owner can be liable for the full amount of the damages inflicted by their pet when a dog injures a person or another domestic animal or causes damage to property. 

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How Does Helmet Use Affect Motorcycle and Bicycle Accident Cases?

Posted on in Motorcycle Accidents

motorcycle accident lawyerBy: Attorney Chris Strohbehn 

Drivers of motor vehicles are required to act safely and take all necessary measures to prevent harm to others who use the roads. Drivers should be sure to understand that motorcycles and bicycles have the right to share the road, and they should follow the correct traffic laws at all times when driving near these vehicles. When bicyclists or motorcyclists are involved in collisions with cars or trucks, they are likely to be seriously injured. In some cases, a driver may claim that they were not responsible for the injuries in a motorcycle accident or bicycle accident because the person was not wearing a helmet. In these situations, injury victims will need to understand their rights and determine how helmet use will affect their ability to receive compensation for their injuries.

Wisconsin Helmet Laws

The state of Wisconsin strongly recommends that motorcyclists and their passengers and bicyclists wear helmets that meet or exceed the standards for protecting against brain injuries. However, the state does not require either adults or children to wear helmets when riding bicycles. Motorcyclists who are at least 18 years old are not required to wear helmets, but helmets are required for cyclists and passengers under the age of 18. Helmets are also required for people with motorcycle learning permits and any passengers they are carrying. 

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