Alan C. Olson's Answers

Please give me a citation that says a non-compete cannot be used to protect an employer from competition as a stranger w/give

Here is that legal cite you asked for regarding the reasonableness requirement in Wisconsin non-compete clauses: http://scholar.google.com/scholar_case?case=11172883124761844226&hl=en&as_sdt=2&as_vis=1&oi=scholarr Also, be sure to contact a Wisconsin attorney to review your particular document.

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Can my employer withhold my earnings?

Wisconsin law requires that any agreement between an employee and employer be in writing so in response your your question, your employer cannot withhold your wages to satisfy the loan.

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Can I sue a former employer for defamation?

If your employer made false statements of fact that were not communicated outside of the workplace, any defamation claim would be actionable only pursuant to the worker's compensation act and only if you suffered some actual harm from it. As to any future defamation, the severance agreement you entered cannot release the employer from future unlawful conduct.

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Wisconsin Unemployment Appeal: Can I handle this one, or do I need an attorney?

The UI Division should have your doctor complete a UCB-474 form which will permit your doctor's opinion into the record without appearing at the hearing in person. The next issue will be whether there are a significant number of jobs in the local market that you can perform even with your medical restrictions. For that issue, the UI Div. will call a vocational expert. Unless you're comfortable cross-examining an expert, and presenting medical evidence in a "mini-trial" setting, it would be...

Can a human resource person deny u fmla if they feel it is not life threating or serious enough to get it?

The burden is on the employer to demonstrate that, at the time medical leave was requested, the employee (1) has a serious health condition, (2) that renders the employee unable to perform the employee's duties during a specific time period, and (3) that a leave during that time is medically necessary. If the employer desires more information, it can request certification under sec. 103.10(7), Stats. Essentially, the Act affords employers three choices of action when an employee requests...

Can my employer take health insurance premiums from my check without authorization?

A Wisconsin employer cannot make deductions from your wages without your written approval and not when you have opted out of the benefits for which they are deducting.

Paychecks always short, able to get money, but tired of having to correct boss, Is that anything that can be done?

You can file a Wage Complaint with the Labor Standards Bureau. (414-227-4384) They will issue an Order requring the employer to issue paychecks timely, for the correct amount, and properly documented. You are also protected from any retaliation for filing your Wage Complaint

Can my employer require disclosure of a reason for a sick day?

Private medical information is supposed to go directly to HR where the employee's confidentiality can be properly protected.

Can I collect Wisconsin unemployment if I refuse to work out state for 3 weeks.

"Due notice" is notice fairly and reasonably calculated to acquaint the employee with the existence of work that is available. The Commission found in one case that a three-week phone notice was clearly sufficient to acquaint the employee with the existence of available work and was likewise reasonable. You received only 46 hours notice but you may nevertheless have difficulty collecting your UI benefits because, "to read an employee’s personal circumstances into the due notice requirement...

Forced to Quit!!??? Can I file for unemployment??

You should file for UI and I think you will get it if you did not make the call. Moreover, subjecting yourself to an arrest warrant would be an intolerable work condition, in my opinion, that would constitute constructive discharge and not render you ineligible for UI. Good luck with your claim and be sure to appeal if you are intially denied.