Updating a previous Non-Compete Agreement Law post, on January 19, 2018, the Wisconsin Supreme Court issued a decision in Manitowoc Company v. Lanning affirming the Court of Appeals’ decision that Wisconsin’s non-compete statute, §103.465, Wis. Stats, applies to employment contracts which prohibit an employee from soliciting other employees to terminate their employment relationship with the employer. Although not labeled as a non-compete agreement, the …
The Department Of Justice Argues Sexual Orientation Discrimination Is Not A Form Of Gender Discrimination
Earlier this year, the Seventh Circuit Court of Appeals issued a landmark decision holding that employment discrimination on the basis of one’s sexual orientation is a form of gender discrimination prohibited by Title VII of the Civil Rights Act of 1964 as amended. The decision was considered earth shattering because it was the first time that any federal appellate court …
Seventh Circuit Holds Title VII Prohibits Sexual Orientation Discrimination
In a landmark decision earlier today the Seventh Circuit Court of Appeals ruled that prohibition on sex discrimination in Title VII of the Civil Rights Act of 1964 prohibits sexual orientation discrimination in the workplace. The Seventh Circuit is the first federal appellate court to make such a ruling. The 8-3 decision, prohibiting employment discrimination on the basis of sexual …
Severance Agreements – Frequently Asked Questions
What is a Severance Agreement? A severance agreement is a written contract between an employer and an employee which typically provides the employee with monetary compensation and/or a continuation of benefits at the end of the employment relationship in exchange for the employee’s release of claims they may have against the employer. Is My Employer Required To Offer Severance? Maybe. …
7 Tips for Sexual Harassment Victims
As a Milwaukee Sexual Harassment Attorney, I often meet with potential clients who are or have been victims of sexual harassment in their employment. This edition of my Wisconsin Employment Law Basics series of articles provides 7 tips for victims of sexual harassment. There are state and federal laws that prohibit sexual harassment in the workplace and protect employees from …
Wisconsin Court Of Appeals Strikes Down Enforceability Of Non-Solicitation Agreement
In a recent decision, Manitowoc Company v. Lanning, the Wisconsin Court of Appels struck down a Non-Solicitation agreement as an unenforceable restrictive covenant under §103.465, Wis. Stats, Wisconsin’s Restrictive Covenants/Non-Compete statute. In Wisconsin, despite what appears to be a case law trend to the contrary, Non-Compete Agreements are disfavored under the law and subject to close scrutiny by the Courts. …
Wisconsin Employment Law Basics – Employment At Will
Carroll Law Firm, SC is a Wisconsin Employment Law Firm representing employees, professionals and executives. From offices in Brookfield, Wisconsin, Carroll Law Firm, SC, provides superior Employee Rights legal representation to employees in Milwaukee County, Waukesha County and throughout the entire State of Wisconsin. This article is the first in a series of articles which focus on providing Wisconsin employees …
Gov. Walker Announces Plan To Drug Test Unemployment Applicants
Earlier this week Wisconsin Gov. Scott Walker announced a “workforce readiness plan” which will be included in the budget proposal scheduled to be unveiled on February 3, 2015. Apparently, the plan will include the requirement that applicants for unemployment insurance benefits undergo drug testing to be entitled to benefits. There seems to be some indication that not all applicants for …
EEOC’s Strategic Enforcement Plan for 2013-2016 Targets Severance Agreements That Prohibit Employees From Exercising Rights
Wisconsin employment law attorneys who focus on employee rights are often called upon to review severance or separation agreements proposed by employers. At the time of termination, some employers offer severance or separation agreements to employees which provide typically rather modest monetary benefits in exchange for the employee’s release of potential claims against the employer and other terms usually including …
7th Circuit Upholds Award of $325,000 in Attorney’s Fees to FMLA Plaintiff
On September 19, 2014, the Seventh Circuit Court of Appeals issued a decision in Cuff v. Trans States Holdings, Inc. The case involved an employee who was discharged for taking leave covered by FMLA (Family Medical Leave Act) after his employer denied his FMLA request. The case involved issues concerning when an employer is considered a joint employer such that …