Alan C. Olson’s Answers

Alan C. Olson

New Berlin Employee Benefits Lawyer.

Contributor Level 10
  1. Do I have a case for wrongful termination on age discrimination?

    Answered 9 months ago.

    1. Alan C. Olson
    2. Thomas A. Ricotta
    3. Christopher Daniel Leroi
    3 lawyer answers

    An employer who gives a false reason for the discharge, e.g., position elimination, is evidence of pretext which, combined with other facts could indicate age or disability discrimination. Depending on the size of the employer, both state and federal law may apply to your situation.

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  2. If a company in wi has a collective barganing unit which has progressive discipline can it be an employment at will company?

    Answered almost 2 years ago.

    1. Alan C. Olson
    2. Randy T. Enochs
    3. Charles K. Kenyon Jr.
    3 lawyer answers

    If the progressive discipline policy has a "catch-all" provision which allows the company to exercise its discretion to skip steps and immediately discharge an employee, then it's an at-will relationship, i.e., the employer can terminate at its will. If the CBA states that the progressive steps "shall" be followed, there may be a contractual obligation on the employer to follow the procedure. An employment lawyer would be able to give you a definitive answer after reading the CBA.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Is it bad to quit your job during an EEOC investigation?

    Answered almost 2 years ago.

    1. Alan C. Olson
    2. Peter J. Fox
    3. Herbert J Tan
    3 lawyer answers

    If you do quit your job due to intolerable work conditions created by the employer because of your protected status, or your opposition to discrimination, be sure to then amend your Charge of Discrimination to include the discharge claim under both theories of discrimination and retaliation.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Is there anything I can do if an employer never gave me a handbook of all their employment policies and practices?

    Answered 25 days ago.

    1. Alan C. Olson
    2. Todd M. Pfeil
    2 lawyer answers

    A Wisconsin employer is not required to have a written handbook or policies.

    3 lawyers agreed with this answer

  5. Wisconsin employment law: mandatory consecutive hours worked?

    Answered almost 2 years ago.

    1. Alan C. Olson
    2. Randy T. Enochs
    3. Charles Joseph Michael Candiano
    3 lawyer answers

    A "week" is the employer's established regular reoccurring period of 7 consecutive days. Employers may schedule employees any way they wish. This means that overtime may be made mandatory. Since employers may schedule as they see fit, they may also change employees' schedules during a given week in order to prevent them from working overtime in that week. Chapter 103.85 Wisconsin Statutes provides that: Employers operating factories or mercantile establishments (enterprises engaged in...

    3 lawyers agreed with this answer

  6. Is it legal to fire an employee after a leave of absence due to a family emergency?

    Answered almost 2 years ago.

    1. Alan C. Olson
    2. Charles K. Kenyon Jr.
    3. Randy T. Enochs
    3 lawyer answers

    We first need to determine whether you were covered by the FMLA. Did you work for the employer for at least a year and does the employer have at least 50 employees? If you were covered by the FMLA, the issue is whether the employer would have taken the same adverse action had you not exercised your FMLA rights. In other words, did the employer retaliate against you for taking the FMLA leave? These answers can be fleshed-out in more detail by an employment attorney. The link below may also...

    3 lawyers agreed with this answer

  7. Can "Discriminatory Animus"/other legal terms containing the word "Animus" be used for purpose of suing a company in EEOC case?

    Answered 6 months ago.

    1. Alan C. Olson
    2. Joseph Albin Larson
    3. Joseph E Maloney
    3 lawyer answers

    Discriminatory animus usually refers to conduct by the employer which demonstrates discriminatory intent because the employer rarely admits that it took adverse action against an employee for discriminatory reasons. Discriminatory animus can be inferred for example through the lack of a legitimate reason for the employer's conduct.

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  8. ,Violated privacy,defamed character

    Answered almost 2 years ago.

    1. Alan C. Olson
    2. Gordon R. Leech
    3. Robert M Fortgang
    3 lawyer answers

    The only remedy for a Wisconsin employee regarding false statements made inside the workplace is available under the Worker's Compensation Act, and that may not provide much of a remedy for you. In contrast, your invasion of privacy claim may be more viable. The Wisconsin legislature enacted Wis. Stat. § 995.50 (previously numbered §895.50) creating a cause of action for invasion of privacy. Your privacy claim would proceed under the third “disclosure” category, at subparagraph (2)(c) of...

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  9. Where can I find example letters written asking your prior employer for a severance package and in return you wave your rights

    Answered about 2 years ago.

    1. Alan C. Olson
    2. Richard F. Rice
    3. Marilynn Mika Spencer
    3 lawyer answers

    Here are the parameters you should consider in your letter requesting severance pay from your former employer.

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  10. In WI, if you're accused of Sex.Harrass @ work & interviewed in office, do you have the option to seek advice from lawyer first?

    Answered almost 2 years ago.

    1. Alan C. Olson
    2. Charles K. Kenyon Jr.
    2 lawyer answers

    The employer is entitled to conduct its investigation with or without your lawyer there but, if there are allegations that may involve accusations of criminal conduct you should speak to a lawyer before discussing your facts with other people.

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