Scott Luzi’s Answers

Scott Luzi

Brookfield Employment / Labor Attorney.

Contributor Level 7
  1. What can I do if my employer is telling me I cannot miss any more work for doctor's appointments or illness?

    Answered about 2 years ago.

    1. Scott Luzi
    2. Gordon R. Leech
    3. Marilynn Mika Spencer
    3 lawyer answers

    Given your start date at this employer (April 16, 2012), it appears as though you are not (yet) eligible for Family and Medical Leave Act (FMLA) leave, even assuming that your employer is covered by the FMLA. Regardless, there are some serious, potential legal issues and concerns here, including whether you have a disability and whether your employer is refusing to reasonably accommodate that disability by not allowing you time to visit your doctor and threatening termination. You should...

    4 lawyers agreed with this answer

  2. EEOC - WI

    Answered about 2 years ago.

    1. Scott Luzi
    2. Maxwell Charles Livingston
    3. Janet L. Heins
    3 lawyer answers

    To answer your question, no, it is not technically "illegal" for an employer not respond to your EEOC charge. However, if your (former) employer doesn't respond, and the EEOC gives the employer multiple notices and attempts to respond, there's a possibility that the EEOC will simply issue a probable cause determination in your favor. Scott S. Luzi Walcheske & Luzi, LLC www.walcheskeluzi.com

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  3. Can I file work comp. if I quit my job due to harassment from my boss?

    Answered about 2 years ago.

    1. Scott Luzi
    2. Janet L. Heins
    3. Maxwell Charles Livingston
    3 lawyer answers

    Worker's compensation benefits are only available to employees who sustain injuries (or an accident or disease causing injury) arising out of the employee's employment. I think you may be wondering whether if you quit your job will you receive unemployment insurance benefits. Generally, employees are eligible for unemployment unless they are terminated for gross misconduct or voluntarily quit. Leaving employment for personal, family, or medical reasons, a substantial wage, or good cause...

    3 lawyers agreed with this answer

  4. EEOC timeline

    Answered about 2 years ago.

    1. Daniel Christopher Knauth
    2. Scott Luzi
    3. Christine C McCall
    4. Marilynn Mika Spencer
    4 lawyer answers

    Unfortunately, this is an all-to-common issue for individuals these days. The employer may not necessarily be "delaying the case"; rather, most local and regional EEOC offices are under-staffed and swamped with complaints from employees. It could take anywhere from a few months to over a year to have the EEOC investigate a charge and render a determination. Keep contacting your EEOC office (specifically, your investigator) and use your best efforts to find out how long it will be before a...

    4 lawyers agreed with this answer

  5. Filed with EEOC, no help, got Right to Sue letter, should I file?

    Answered over 2 years ago.

    1. Scott Luzi
    2. Richard F. Rice
    3. Marilynn Mika Spencer
    3 lawyer answers

    Receiving a Notice of Right to Sue letter means that you have 90 days after receipt of the letter to file your case in federal court. A $350 filing fee accompanies that filing. Unfortunately, I can't speak to your individual situation, and what I'm assuming to be a disability discrimination claim, without more information.

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  6. I work for a company that has passed me by for advancement twice now.They gave internal posted job to a temp and I'm full-time

    Answered about 2 years ago.

    1. Scott Luzi
    2. Marilynn Mika Spencer
    2 lawyer answers

    You should contact an employment law attorney in your area. It is illegal to be passed over for promotions or any other form of advancement because of a protected characteristic (sex, race, etc.). Scott S. Luzi Walcheske & Luzi, LLC www.walcheskeluzi.com

    2 lawyers agreed with this answer

  7. Can I involuntarily resign from job before employer gives answer to EEOC about my complaint?

    Answered about 2 years ago.

    1. Scott Luzi
    2. Janet L. Heins
    3. Marilynn Mika Spencer
    3 lawyer answers

    I agree with Attorney Spencer. Yes, you can always resign if you determine that that is the best decision for you and your family, but, as it relates to any potential legal claim you may have, you should absolutely consider the alternatives Attorney Spencer suggests before doing so. Scott S. Luzi Walcheske & Luzi, LLC www.walcheskeluzi.com

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  8. Is this wrongful termination because I was pregnant?

    Answered over 1 year ago.

    1. Scott Luzi
    2. Gordon R. Leech
    2 lawyer answers

    Your feeling may be accurate, and it would be worth your while to speak with an employment law attorney about this. Feel free to contact us. Scott S. Luzi Walcheske & Luzi, LLC www.walcheskeluzi.com

    1 lawyer agreed with this answer

  9. I have a sales job offer requiring me to sign a non-compete. How do I know I can still work in this industry if I quit?

    Answered about 2 years ago.

    1. Scott Luzi
    2. Maxwell Charles Livingston
    3. Alan C. Olson
    3 lawyer answers

    You should contact an employment law attorney to have the contract reviewed and advise you of your options moving forward. Scott S. Luzi Walcheske & Luzi, LLC www.walcheskeluzi.com

    1 lawyer agreed with this answer

  10. I work for a cleaning service, are they required to pay me travel time from one house to another?

    Answered about 2 years ago.

    1. Scott Luzi
    2. Maxwell Charles Livingston
    3. Gordon R. Leech
    3 lawyer answers

    Good question. Given what you've stated here, it seems that, yes, your employer is probably obligated to pay you for the time you spend travelling from house to house under both WI Wage & Hour law and the federal Portal-to-Portal Act. The Portal-to-Portal acts states that travel time that is "part of [an employee's] principal activity, such as travel from job site to job site during the workday, must be counted as hours worked" and, thus, the employee must be compensated accordingly....

    1 lawyer agreed with this answer