Wisconsin higher education faculty, academic staff, and administrators frequently encounter employment law disputes arising from tenure systems, peer review processes, research expectations, and institutional policies. Public institutions within the University of Wisconsin (UW) System are governed by the Board of Regents and its specific policies regarding appointments, grievances, and due process. Private institutions, however, follow their own individual contracts and handbooks while … [Read more...]
Wrongful Termination
Wrongful Termination Articles
Denied Pay and Overtime FLSA Violations
The Fair Labor Standards Act (FLSA) is a federal law protecting wages and hours for most American workers, enforced by the U.S. Department of Labor’s Wage and Hour Division. FLSA establishes: Denied Pay and Overtime FLSA Violations at a Glance Denied pay and overtime violations of the The Fair Labor Standards Act issues run the gamut. Common issues include failing to pay federal minimum wage, denying nonexempt employees overtime, requiring or allowing off the clock work without … [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EEOC 2024 Workplace Harassment Guidance Withdrawn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...]
Legal Help After Quitting Job Due to Harassment
Wisconsin is an at-will employment state, meaning employers may terminate employment or employees may quit their jobs for any reason or no reason at all as long as it is not illegal. General personality conflicts, rude behavior, or even bullying prompting a fed-up employee to quit their job may not be actionable unless it involves a protected characteristic under federal or state law. For example, the Wisconsin Fair Employment Act (WFEA) prohibits discrimination, harassment, and hostile work … [Read more...]
Job Discrimination Over Arrests and Convictions
Individuals with arrest or conviction records in Wisconsin face unique challenges in the job market, but fortunately, state law provides strong protections against discrimination under the Wisconsin Fair Employment Act (WFEA). According to the WFEA, employers, employment agencies, labor organizations, and licensing agencies are prohibited from discriminating based on an arrest or conviction record in nearly every aspect of employment such as hiring, promotions, pay, training, and termination. … [Read more...]
Retaliation for Requesting FMLA Leave
The Family Medical Leave Act (FMLA) permits eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12 month period for specific family and medical reasons, such as caring for a newborn or a seriously ill family member, or an employee’s own serious health condition. Once the request for FMLA leave is made, the process is pretty straightforward: the employee's supervisor along with the company's HR representative will determine if the request is covered by the Family and … [Read more...]
At-Will Employment in Wisconsin
Most states, including Wisconsin, are at-will employment states, which means that both the employee and the employer are free to terminate the employment relationship at-will, without any justification. Of course, there is a downside to at-will employment for both the employee and the employer: an employer can end the employment relationship anytime leaving the employee without a job or a worker can walk out the door leaving the employer without a needed employee. Exceptions to At-Will … [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...]
Wisconsin Fair Employment Act : Discrimination in Employment
Employers are prohibited from discriminating against certain protected classes of workers including refusing to hire, terminating employment, or taking other adverse employment actions based on the protected class. The law further prohibits harassment or retaliation against the same protected classes in the workplace. Under the Wisconsin Fair Employment Act (WFEA), discrimination or harassment is unlawful if it is based on age (Over 40); arrest or conviction records; race; national origin, … [Read more...]
Employment Discrimination Arrests & Convictions
The Wisconsin Fair Employment Act (WFEA) prohibits employers, employment agencies, labor unions, and licensing agencies from discriminating against employees and job applicants because of age; ancestry, color, national origin or race; creed; disability; genetic testing; marital status; military service; sex, sexual orientation, pregnancy and childbirth; other protected classes. For job candidates or employees with an arrest or conviction record, the Wisconsin Fair Employment Act goes further to … [Read more...]
