Matthew L. MacKelly’s Answers

Matthew L. MacKelly

Milwaukee Litigation Lawyer.

Contributor Level 8
  1. If you are not yet charged with a crime does it show up on your background check

    Answered about 6 years ago.

    1. Anthony D. Cotton
    2. Matthew L. MacKelly
    3. Jean M. Kies
    4. John M. Kaman
    4 lawyer answers

    In my experience, it depends. I'm aware of companies using private investigators and other sources that dig up arrests that never end up being charges, but the employer still learns about these. So, sometimes it does, sometimes, it doesn't show up. If you are not already, please be aware that arrest/conviction record discrimination is illegal in Wisconsin. Some links about the statute are below. In essence, except for certain reasons (like the alleged act is substantially related to...

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  2. Can an employer that terminates you enforce a non compete clause under WI state employment law

    Answered about 6 years ago.

    1. Matthew L. MacKelly
    2. Timothy M. Scheffler
    3. Kevin W. Davidson
    3 lawyer answers

    My perspective is that, as a general matter, the answer to this question is usually "maybe." If you look as the Wisconsin statutes, Wis. Stat. § 103.465 is the relevant statute on the subject; however; there is a large body of case law interpreting the statute. (See the link below.) In all, the answer requires an attorney reviewing the non-compete provision or non-compete. The restrictive covenant must be necessary for the protection of the employer. The employer cannot prevent legitimate...

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  3. Harassing Phone Calls

    Answered about 6 years ago.

    1. Matthew L. MacKelly
    1 lawyer answer

    I would initially do two things. First, take a look at the consumer protection/telemarketing link I put in below this answer. 1-800-422-7128 should be the Consumer Protection number. They should be able to help you file an administrative complaint and give information about the federal version. Also, I don't practice with an emphasis in debt collection, but it could be possible that the credit card companies are calling in violation of the Fair Debt Collection Practices Act. So, I'd look...

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  4. Small claims... Never received work check

    Answered about 6 years ago.

    1. Matthew L. MacKelly
    1 lawyer answer

    Whether you want to make it into "a case" is up to you. Based on the facts you present, there appears to be a violation of state and federal wage-and-hour laws. You should have been paid everything you earned on your regular pay date. You could file a small claims complaint or you can file with the state's Labor Standards Bureau. I'd have to double check, but I believe that, if this is held to be a wage-and-hour law violation, you might be eligible for double damages (that is, the amount...

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  5. Resposible for damage

    Answered about 6 years ago.

    1. Kevin W. Davidson
    2. Matthew L. MacKelly
    3. Jonathan S. Safran
    3 lawyer answers

    I'll agree with Attorney Davidson that you generally have a legal claim against the driver under one or more provision of the "Rule of the Road" sections to which he alluded. If you know the identify of the driver (or the vehicle, e.g., the plate number), then you could sue the driver and/or the driver's auto liability insurer (under Wisconsin law). If the the two vehicles had made contact or part of the other driver's vehicle damaged your vehicle, and the other driver drove away and was not...

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  6. I suffered spinal injury and am trying to work do I have any legal rights under ADA or OSHA

    Answered about 6 years ago.

    1. Kevin W. Davidson
    2. Matthew L. MacKelly
    2 lawyer answers

    With regard to breaks during work hours, federal and state "wage & hour" law governs these matters. As for needing breaks or something else in addition to what the law provides, depending on the nature of your condition and your doctor's recommend, the employer may be required to provide a reasonable accommodation for your under the federal ADA or the Wisconsin Fair Employment Act. At the very least, after consulting with your doctor, you should may need to ask for an accommodation and the...

    1 lawyer agreed with this answer

  7. Surgery gone wrong

    Answered about 6 years ago.

    1. Matthew L. MacKelly
    1 lawyer answer

    You may want to give Attorney Jon Groth a call. I highly recommend him. I've linked his info below.

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  8. Can my employer fire me for being gay under Wisconsin employment and discrimination laws

    Answered about 6 years ago.

    1. Chad William Koplien
    2. Paul J Cherner
    3. Matthew L. MacKelly
    4 lawyer answers

    Wisconsin Statute Section 111.321 -- Prohibited bases of discrimination. Subject to ss. 111.33 to 111.36, no employer, labor organization, employment agency, licensing agency, or other person may engage in any act of employment discrimination as specified in s. 111.322 against any individual on the basis of age, race, creed, color, disability, marital status, sex, national origin, ancestry, arrest record, conviction record, military service, or use or nonuse of lawful products off the employer'...

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  9. WI attorney ethics laws, attorney doing work when engagement letter was never signed

    Answered about 6 years ago.

    1. Anthony D. Cotton
    2. Matthew L. MacKelly
    3. Gabriel Cheong
    3 lawyer answers

    I would agree that there appears to be genuine and legitimate concerns similar to those expressed in the preceding answers to this post. I follow Wisconsin's lawyer regulation decisions and ethics opinions very closely, so feel free to contact me if you like. Otherwise, you may wish to consult with the Wisconsin Office of Lawyer Regulation.

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  10. Pregnant Employee- Future Discrimination?

    Answered about 6 years ago.

    1. Matthew L. MacKelly
    2. Diana S. Brodman Summers
    2 lawyer answers

    I posted a legal guide about pregnancy discrimination on Avvo you may want to review. It sounds as if you are saying that the employer started treating you differently (in terms of consideration for termination) soon after you informed your boss you were pregnant. If that is true, you may be the vicim of pregnancy disrimination. In terms of being offered a severance agreement, you seem to be jumping too far ahead. Employers have no obligation to offer a severance, so there is not...

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