Mental health conditions such as anxiety, depression, and panic attacks can qualify for FMLA leave in Wisconsin when the conditions meet the definition of a “serious health condition.” Both the Federal Family and Medical Leave Act (FMLA) and the Wisconsin Family and Medical Leave Act (W-FMLA) apply. Eligibility to Take FMLA or W-FMLA Leave Federal FMLA (FMLA) (up to 12 workweeks of unpaid, job-protected leave in a 12-month period): • Worked for a covered employer for at least 12 … [Read more...]
Retaliation Articles
Retaliation
Construction Industry Wage Theft
Wage theft is pervasive in the construction industry, especially in subcontracting-intensive sectors where oversight is often limited. These practices—ranging from unpaid overtime to withheld wages—impact thousands of workers, many of whom fear retaliation for reporting such abuses. Fair Labor Standards Act It is important to know the law in order to protect your rights as a worker, whether you are in construction or another induestry. The FLSA (Fair Labor Standards Act) is the … [Read more...]
Trends in Workplace Retaliation Claims
According to recent EEOC reports, workplace retaliation claims under federal anti-discrimination laws (e.g., Title VII, ADA, and ADEA) remain high, and typically involve claims regarding adverse actions taken against employees for opposing discrimination or retaliation for participating in workplace discrimination investigations. Recent trends in EEOC filings highlight retaliation as a highly prevalent claim, often linked to adverse actions like termination or forced resignation … [Read more...]
EEOC 2024 Workplace Harassment Guidance Withdrawn
Last month, the U.S. Equal Employment Opportunity Commission (EEOC) voted to rescind its 2024 “Enforcement Guidance on Harassment in the Workplace”, marking a significant shift in federal workplace discrimination policy. Looking Back at 2024 Enforcement Guidance on Harassment The 2024 guidance was a comprehensive update to the EEOC’s approach to workplace harassment, representing the first major revision in over two decades. Its aim was to provide clarity for employers, employees, and … [Read more...]
Workplace Digital Harassment Claims
Digital harassment also known as cyberbullying or online harassment refers to repeated, unwelcome conduct via social media, emails, texts, or other digital platforms that targets an employee based on protected characteristics (e.g., race, sex, age, disability, religion, or national origin). This can include posting derogatory comments, sharing manipulated images, unwanted advances, or spreading rumors. Under U.S. federal law such conduct is unlawful if it creates a hostile work … [Read more...]
Filing a Qui Tam Whistleblower Case
Qui tam is a legal provision rooted in the False Claims Act (FCA) empowering private citizens - aka whistleblowers or relators - to sue on behalf of the U.S. Government when someone defrauds it. Filing a qui tam case under the False Claims Act (FCA) is a structured process with specific legal requirements which is advanced with legal counsel. It is a complex and high stakes endeavor that involves blowing the whistle on fraud against the U.S. government, potentially leading to significant … [Read more...]
Employment Discrimination and Retaliation
When an employee experiences discrimination or retaliation at work it often takes the form of an adverse employment action, such as wrongful termination. The goal is to punish an employee for exercising their protected rights and intimidate other employees from making or supporting similar claims. An adverse employment action may include demotions, lowering an employees pay by not promoting, reassignment to less desirable duties, harassment, wrongful termination and more. In Wisconsin, … [Read more...]
Retaliation in the Workplace
Retaliation in the workplace is an adverse employment action often taken against an employee after they report unlawful practices, serve as a witness to support a claim of unlawful behavior, or assist or participate in an investigation, grievance proceeding, or hearing regarding unlawful activity in the workplace including workplace discrimination. For example, an employee that reports illegal activity in the workplace such as sexual harassment may be subject to retaliation for reporting the … [Read more...]
