Matthew L. MacKelly's Answers

If you are not yet charged with a crime does it show up on your background check

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

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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Harassing Phone Calls

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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WI employment law, employee's right to appeal denied complaint against supervisor

This is a question that requires many for facts before a truly substantively accurate answer can be given. However, if I was to assume that this is a matter of some sort of protected harassment (e.g., sexual, racial, religious, disability-based, etc.), and the HR department has done nothing, then your best options to protect your rights include talking to a lawyer and/or filing a complaint with the Department of Workforce Development Equal Rights Division. Frankly, if you have a genuine case,...

WI employment law

Unfortunately, this is a question that requires substantially more questions before a truly informed answer could be given. Based solely on what you've written, it appears there could be some that of sexual claim under Wisconsin law, such as sexual harassment, some other type of gender-based discrimination, and/or sexual orientation discrimination (depending on your sexual orientation). This answer is entirely speculative, however, since the questions does not include most of the relevant...

Chief of fire dept. changed reason for termination

The answer to part this question may depend on your CBA. Otherwise, a general application of anti-discrimination statutes in Wisconsin would reflect that, if a motivating factor for the termination was the criminal conviction, there may be evidence of discrimination based on conviction record. Unless the crime is substantially related to the job, then there may be a violation of the Wisconsin Statute Secs. 111.321 and 111.322. There is more that goes into the analysis as conviction record...

Equal Oppurtunity and Discrimination

You may have options for help available to you, but, in my opinion, that cannot accurate be determined based on the facts you have stated. I am definitely suspicious and/or curious about your statement that "I am feeling it has more to do with appearance and what I am not willing to show" and what that statement means. This statement seems to imply that you believe there may be discriminatory motivations, but I cannot tell based on what you've said. Other than that, I can definitely say that...

Small claims... Never received work check

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...

Resposible for damage

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...

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

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...