James A. Walcheske’s Answers

James A. Walcheske

Brookfield Employment / Labor Attorney.

Contributor Level 9
  1. IS THIS A DISCRIMINATORY STATEMENT? ASKED FOR A TRANSFER/TOLD NOT QUALIFIED FOR JOBS I AM QUALIFIED FOR. CAN HR SAY THIS?

    Answered over 2 years ago.

    1. James A. Walcheske
    2. Randy T. Enochs
    2 lawyer answers

    From your posting, the issue is a bit unclear. Are you saying that your HR rep told you that you would not be able to hold the position because of the high stress levels, patient contact, no working from home, etc.? In essence, did you HR rep tell you that you could not hold the position because the company would/could not accommodate you? If so, it is entirely possible that you have been discriminated against based on your *disability/perceived disability (*the legal definition of...

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  2. I am looking for assistance getting a comprehensive understanding of a Wisconsin based Non-Disclosure/Confidentiality Agreement.

    Answered over 2 years ago.

    1. James A. Walcheske
    2. Tajara Dommershausen
    3. Sarah Lynn Ruffi
    4. Robert John Murillo
    4 lawyer answers

    The other two attorneys were spot on. When it comes to understanding the ins and outs of what a non-disclosure/confidentiality agreement prohibits and allows, it's best to take the time to sit down with an employment law attorney. We have an office in Brookfield and would be willing to discuss it with you; however, whether you decide to meet with us or another attorney/firm, you should strongly consider doing so. James A. Walcheske Walcheske & Luzi, LLC http://www.walcheskeluzi.com

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  3. What should I do?

    Answered almost 3 years ago.

    1. James A. Walcheske
    2. Michael S. Haber
    2 lawyer answers

    Wisconsin is a one-way state, meaning that only one person in the conversation has to know about the recording. As you were a party to the conversation and you were the one recording it, you're fine. The problem is whether or not you can use the recordings as evidence at a trial. For the EEOC's purposes, assuming you're still in the investigation, your best bet for using them to your advantage is to make a transcript of the recordings. You can hire a third party to do this (expensive)...

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  4. Can I request something in writing from my direct supervisor or HR each time that I am called in to have a discussion with them?

    Answered over 2 years ago.

    1. James A. Walcheske
    1 lawyer answer

    You are certainly free to request something in writing; however, assuming that you are not receiving an actual written warning from the employer, it is under no obligation to provide you with any documentation. Oftentimes situations such as this are characterized as "verbal counselings" or "coachings" or things of that nature. It is common for employees to not receive any documentation relating to them. Hope that helped. James A. Walcheske Walcheske & Luzi, LLC http://www....

    4 lawyers agreed with this answer

  5. Can i re certify medical info when my condition changes?

    Answered over 2 years ago.

    1. Gordon R. Leech
    2. James A. Walcheske
    3. Janet L. Heins
    3 lawyer answers

    I agree with Gordon and only wanted to add that you also have protections under the Wisconsin Fair Employment Act (no minimum number of employees) and Americans with Disabilities Act (if the employer has 15 or more employees), which prohibit disability discrimination. If your medical condition qualifies as a disability under the law (even if you do not consider yourself disabled), and your employer disciplines you for absences related to that disability, that can constitute disability...

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  6. Can an employer force you to attend a company function and work without pay also pay under minimum wage while in training?

    Answered over 2 years ago.

    1. James A. Walcheske
    2. Karen Elizabeth Eichman
    2 lawyer answers

    Following Karen's answer, I'm not aware of any exemption you would be falling into in your position. If you want to file a wage & hour complaint, you should do so through the Department of Workforce Development - Labor Standards Bureau. It's free to file and the complaint form can be found on their site. Here's the link: http://dwd.wisconsin.gov/er/labor_standards_bureau/ Hope that helped! James A. Walcheske Walcheske & Luzi, LLC http://www.walcheskeluzi.com

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  7. Does my name appear public WHEN ESTABLISHING A LLC?

    Answered almost 3 years ago.

    1. James A. Walcheske
    2. Maxwell Charles Livingston
    3. Pamela Koslyn
    3 lawyer answers

    First, as the other attorney stated, be sure that you are not violating any non-compete provisions or any other contractual restrictions by starting your mattress business. If you still have the paperwork you received and signed at the start of your employment, look through it to find any such provisions. If you don't, or if you're not sure if you have all of the paperwork, request a copy of your personnel file from your employer and review your file for any restrictive provisions. Best case...

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  8. After filing EEOC - time to mediate

    Answered almost 3 years ago.

    1. James A. Walcheske
    2. Marilynn Mika Spencer
    3. Mordechai Elazar Book
    3 lawyer answers

    The previous answer is very correct in that you certainly should have an attorney represent you at the mediation. Attorneys are in the best position to analyze the strength of your claims, analyze your potential damages, and combine those into an effective mediation strategy. It is not always the case, but it is highly possible that without an attorney with you, the employer will try to convince you that your case is worth a lot less than it actually is, as they may not take you as seriously....

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  9. My boyfriend got arrested but his case is in pending mode . can he be denied for a job that he applied for ?

    Answered over 2 years ago.

    1. James A. Walcheske
    2. Charles K. Kenyon Jr.
    3. Gordon R. Leech
    3 lawyer answers

    Possibly, yes. There is an exception to arrest record discrimination that allows an employer to not hire an applicant based on his arrest record when the offense he has been arrested for is "substantially related" to the position he applied for. Whether the offense is substantially related or not is a legal question that is best answered by an employment law attorney who has handled arrest record discrimination cases. Our firm has handled many such cases, but whether you decide to...

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  10. Can I sue for retaliation?

    Answered almost 3 years ago.

    1. James A. Walcheske
    2. Randy T. Enochs
    3. Richard F. Rice
    3 lawyer answers

    While it sounds like you may have been the victim of retaliation as we understand the term as commonly used, under the facts you provided there is not an indication that you were the victim of unlawful retaliation. For retaliation to be unlawful, and therefore actionable, it must be in response to a complaint of discrimination or harassment. In your scenario, you stated that you went over your supervisor's head to HR and complained about what your supervisor was doing to you. Afterward,...

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