Janet L. Heins's Answers

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

If you filed a worker's comp claim, it would have to be for what's called "mental stress." This kind of worker's comp claim is very difficult to win. You have to prove that the stress on your job was so far above what the average employee experiences that it became completely unbearable for you. Although your workplace sounds very unpleasant, you probably do not have a worker's comp claim for this. Janet L. Heins HEINS LAW OFFICE LLC www.heinslawoffice.com

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How will a settlement effect my unemployment?

Unless the settlement is supposed to cover a particular time period (say for 2 months following termination, etc.), it won't affect your unemployment benefits except for the week in which you receive it. There may also be some circumstances in which it will not affect benefits even then--it all depends on what the settlement is for, how it is paid, and how much you receive.

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Do I have a discrimination case based on weight?

Discrimination is based on weight is not yet illegal under either Wisconsin or federal law. However, in limited circumstances, if you can show that your employer expected someone of your gender to look a certain way and you did not meet that stereotype, you may be able to prove a variation of sex discrimination. You should consult with an employment attorney to learn more details.

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Can a manager broadcast your phoned-in sick call over its intercom system without your permission?

No, that's terrible! She may have other legal claims, too, in addition to privacy concerns. Janet L. Heins HEINS LAW OFFICE LLC

Retainer Agreement of 40% is that to much?

40% is not too much if you are not required to put down any money up front. Then the lawyer is taking all the risk until the end of your case, and 40% is reasonable. Janet L. Heins HEINS LAW OFFICE LLC

I'm thinking about hiring a lawyer for 2 specific wrongful termination to include abuse of elderly, not following resident

You may have a worker's comp claim, a FMLA claim, and a potential whistleblower case. It's always a good idea to get help from an attorney in filling out the forms--first to figure out what forms you need, and second to make sure you fill them out correctly. Janet L. Heins HEINS LAW OFFICE LLC

Employee rights, is there anything i can do to protect myself from being held to higher standards than my full time counterparts

It sounds like your employer is accommodating the other employee's disability, which they are supposed to do. Unfortunately, that has negatively affected your employment, but it does not give you a legal claim. Janet L. Heins HEINS LAW OFFICE LLC (262) 241-8444

How can I fight this?

Unemployment has rules about when you can get benefits after losing your job. You have to be available to work for a minimum percentage of available jobs in the workforce. There are tables of statistics kept by various agencies that the department uses to calculate this. They apparently decided that your school hours kept you from being available for enough jobs in your field, so that you would not get benefits. Janet L. Heins HEINS LAW OFFICE LLC

Who do I sue and is there a lawyer who wants this case?

That's a tough one. If your employer fired you because you were arrested or convicted, that would be illegal. But if they didn't know you were arrested or convicted, they can fire you for missing work without telling them. Janet L. Heins HEINS LAW OFFICE LLC www.heinslawoffice.com

WI LAW - Supervisor says she always spoke in a "soft voice" during bullying.

Lots of bullies are good at being destructive while trying to appear reasonable. Legally, though, it's her words that count, not the tone or the volume level she used. If she bullied you because you are over 40, a different race or sex, or some other legally protected reason, that would be illegal. Janet L. Heins HEINS LAW OFFICE LLC www.heinslawoffice.com