Wisconsin Employment Law
Employment law regulates the employer-employee relationship. It exists to both safeguard employers from frivolous and unsubstantiated claims as well as to effectuate employee’s rights in the workplace. Employment law establishes shared minimum expectations for both employees and their employers, and provides the framework to navigate and resolve potential conflicts that occur within current, past, or potential employment relationships.
New employment opportunities and existing positions should be significant experiences and accomplishments in an individual’s professional journey and should be a source of novel and interesting work, increased benefits and pay, and other opportunities to further career progression. Unfortunately, it can also lead to insecurity and conflict. While more often than not, these professional relationships begin with positivity and reassurance, some situations and relationships may sour or elements beyond one’s control can result in uncomfortable and even unlawful circumstances and possibly even one’s termination.
Loftus & Eisenberg’s employment lawyers focus can help protect your workplace rights in numerous areas: safe workplaces, wage recovery, discrimination, harassment, retaliation, reasonable accommodations, and privacy clashes. We have extensive experience defending employees in a vast arena of discrimination cases associated with perceived or actual age, race, color, religion, sex, pregnancy, nationality, gender, gender expression, disability, ethnicity, sexual orientation, military status, marital or parental status, family responsibilties, and other protected statuses. The employment lawyers at Loftus & Eisenberg are dedicated to protecting employee rights and preventing any potential violations.
A few of the federal laws which govern employment relationships are:
Fair Labor Standards Act (FLSA) which not only institutes minimum wage requirements but legally required breaks and recordkeeping standards and overtime requirements.
Age Discrimination in Employment Act (ADEA) which protects workers of forty years and older against an employer taking adversarial actions against them due to their age or in favor of an individual who is substantially younger.
Americans with Disabilities Act (ADA) which prohibits employers from discriminating against both current or prospective future employees due to any kind of physical or mental disability or impairment. Employers are required to accommodate qualified employees who have disabilities such that they can perform the job’s essential functions absent undue hardship.
Title VII of the Civil Rights Act of 1964 (Title VII) which prohibits discrimination across any of the terms and conditions of employment including but not limited to their hiring or firing, promotion, or compensation based on the empoyee’s race, color, national origin, sex, or religion. In addition, Title VII also forbids harassment based on the employee’s actual or perceived protected status by coworker, managers, or third parties, strictly prohibits any type of retaliation by those who complain of discrimination or harassment, and requires reasonable accomodations of sincerely held religious beliefs absent undue hardship.
The Equal Pay Act (EPA) which requires women are paid equal compensation to men for substantially similar work.
Family and Medical Leave Act (FMLA) which mandates that employers afford eligible employees up to twelve weeks of unpaid leave and job protection as needed by either their own or a family member’s severe medical condition. The FMLA also obliges the employer to reinstate the employee to either the same or an equivalent job.
Further matters of employment law where we represent clients in are:
- Wisconsin Statutory Employment Law, including those regarding “fair employment,” wage and hour; medical leave, final payEmployment Contracts
- Employee Privacy
- Confidentiality Agreements
- Non-Compete Agreements
- Wrongful Termination
- Unlawful Retaliation
- Whistleblower Protection
- Patronage or politically motivated failure to hire/termination in public employment
- Executive Compensation
- Severance Package Negotiations
- Hostile Work Environment and Sexual Harassment
- Continuation of Health Coverage (COBRA)
- Worker Adjustment and Retraining Notification Act (WARN Act)
- Older Workers Benefit Protection Act (OWBPA)
- Employee intellectual property
- Promissory Estoppel
The passionate employment contract lawyers at Loftus & Eisenberg regularly counsel clients on their employment contract rights, before, during, and after employment. Our firm has positively resolved either through settlement or litigation, hundreds of employment related issues.
In addition to resolving employment disputes we know that the first step in being prepared for these very potential conflicts between employers and their employees is through solid employment contracts. It is imperative that these agreements unmistakably outline employment terms and agreements and unambiguously defines both employer and employee rights and responsibilities. More often than not, these contracts may be long-winded, confusing for those not in the legal profession, and written primarily with the company’s best interest in mind, knowing that many prospective employees will simply skim it and do their best to understand it, and will not consult with an attorney. As you enter into these employment agreements, by working with the experienced employment attorneys at Loftus and Eisenberg, you will prepare yourself not only for a long, mutually beneficial relationship but for any potential termination or other dispute.
Contact us to help safeguard your employment wellbeing.