The Americans with Disabilities Act (ADA) protects people with disabilities from discrimination in various areas of public life, including employment on the federal level.  The Wisconsin Fair Employment Law (WFEA) similarly protects people with disabilities, among other characteristics such as age and race, from discrimination in employment contexts in the State of Wisconsin.  Under both...

Unpaid wages, or wage theft, occurs when an employer fails to pay an employee what they are owed. Though this is not an exhaustive list, withheld wages may include unpaid overtime wages, an intentionally miscategorized employee, unpaid leave or benefits, non-reimbursement of business expenses, and/or failing to meet minimum wage requirements. If an employee suspects...

Employee handbooks are legal documents and should include all relevant policies and procedures that govern employee conduct. They are the primary source of information for employees about their rights, responsibilities, and benefits. They can also protect employers in employment-related disputes and claims. While employee handbooks can be a great way for companies to communicate important...

Workplace retaliation is a common basis of discrimination in employment cases, and state and federal laws provide protections for employees who oppose illegal discriminatory practices.  Employees have the right to communicate with supervisors or managers about discrimination, inquiring about salary information, resist sexual advances, request accommodation for disabilities or religious practices, and file a discrimination...

The National Labor Relations Board (the “Board”) recently issued a decision that has profound impacts on the validity of confidentiality and non-disparagement clauses in employment contracts, McLaren Macomb et al, Case 07-CA-263041. The case involved an employer that offered severance agreements to some employees it had permanently laid off. The severance agreement, which conditioned payment...

Employees eligible for FMLA receive unpaid, job-protected leave for specified family and medical reasons. So, who is eligible for FMLA leave? To be eligible, an individual must work for a covered employer. Typically, an employer with over 50 employees would be covered by law. If a business does not have 50 employees, it may still...

Many employers have encountered a situation where an employee quits, keeps company property, and refuses to give it back or return it damaged. While a disgruntled employee may hold these items of value from an employer, legally the employer may not withhold amounts for that employee’s paycheck without (1) that employee’s written consent after the...

A workplace injury happens every 7 seconds in America, and over 4.7 million people experience a work-related injury per year. All these workplace injuries can result in some serious legal implications for both the employee and employer. For instance, often when an employee is injured at work, matters such as worker’s compensation and medical work...

The term “hostile work environment” is coined when a behavior creates an uncomfortable environment for the individuals working. Although it is different and much more legally binding than bullying, over time they both incite an intolerable place to be. General harassment is not covered by federal law, and there are different ways to go about...