WRONGFUL TERMINATION AND DISCRIMINATION
Wisconsin is an “at-will” state, meaning an employer can terminate an employee for any reason unless the person is being terminated based on a protected class. Wisconsin makes it illegal for an employer to discriminate on the basis of age, race, creed, color, disability, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, membership in the national guard, state defense force or any other reserve component of the military forces, declining to attend a meeting or participate in any discussion regarding political or political matters that substantially and adversely affect the general welfare of the state or use or nonuse of lawful products off the employer's premises during nonworking hours.
A wrongful termination or discharge occurs when an individual is terminated or discharged for refusing to violate the law. It is similarly illegal for an employer to terminate or discharge or otherwise retaliate against an employee for filing a complaint or participating in an investigation, for opposing discrimination or harassment, for reporting health quality of care issues, and filing or otherwise participating in a whistleblower complaint.
Discrimination occurs when an employer treats an employee unfairly based on a protected class and can include workplace behavior, employment opportunities, and hiring and firing practices. You cannot be discriminated based on the protected characteristics above.
Being illegally terminated or otherwise discriminated against is a humiliating experience that most will never encounter. Losing your job has other consequences. It becomes more difficult to feed your family, pay your bills, and the feeling of being unemployed is a feeling many do not appreciate. If you feel that you have been illegally terminated or otherwise discriminated against, we have the experience and compassion to help you during this difficult time. Please do not hesitate to give us a call.
WAGE AND HOUR VIOLATIONS
A wage and hour violation occurs when an employer does not pay you the amount owed under a contract, your set wage, or local, state, or federal laws that govern wages. Wage and hour violations may relate to issues such as: salaries; overtime; commissions; holiday pay; bonuses; and illegal deductions, among many other things.
If you feel that your employer has not properly paid you, please do not hesitate to contact us for a free consultation. We help employees get the money they have earned.
NONCOMPETE AND SEVERANCE AGREEMENTS
Noncompete agreements are contracts between an employer and employee in which the employee agrees not to enter into competition during or after employment. However, noncompete agreements need to carefully tailored to comply with Wisconsin law. Employers oftentimes draft these agreements too broad, effectively curtailing the employee from obtaining meaningful employment.
Severance agreements are similar to noncompete agreements, but generally are not concerned with competition, although they can be incorporated into a noncompete agreement when necessary. These agreements generally arise when an employee is terminated and can also arise when an employee retires early, although every situation is different.
We assist employers and employees with issues relating to noncompete and severance agreements, whether it is simply looking at an agreement for you or representing you in negotiations, no issue is too big or small for us. Please contact us for a free consultation.