Gordon R. Leech’s Answers

In Wisconsin, there is a law that prohibits discrimination based on a conviction record. You mentioned a casino, which sounds like you were on a reservation, so that law may not apply. You would have to look to the tribal law. However, the report the casino used to find out about the expunged records may implicate additional rights under Federal law against the background reporting company. I have some information on this law on our website at www.celcwi.com<http://www.celcwi.com> that might...

Thank you for your service! I recommend that you first consider consulting with an attorney that won't charge you an enourmous fee to review your claim and consider your options. Resigning your position to take out protected deferred income to pursue a claim sounds like a very important and risky issue. Many attorneys take employment discrimination claims on a contingency fee and you may only need access to enough money to fund the actual out-of-pocket costs. There are many fee arrangements...

Employers run risks when holding final paychecks. Generally, employers are required to provide employees with the last paycheck upon termination at the earlier of the next regular pay day or within 31 days of the date worked (or within 6 days of the employee's demand for payment if he or she isn't present on the date fixed for regular payment). See Wis. Stat. 109.03(1) & (2). Employers may not hold paychecks or make deductions for faulty workmanship, loss, theft or damage without a specific...

Generally, you are under no continuing obligation to assist a prior employer in litigation. An exception would be if you signed an agreement, severance for example, where you promised to assist. If you did, then you will need to review that agreement to see what obligations, if any, you have. Also, if you are served a subpoena, you will have to determine if it imposes an undue burden on you to comply or requires you to travel farther than the law requires. Federal and state laws differ on this...

Using arrest or conviction records to deny someone employment in Wisconsin is generally prohibitted by the Wisconsin Fair Employment Act. As you have already discovered, there is an exception where the conviction is "substantially related" to the job. This exception does not apply to records of arrest that are dismissed or not prosecuted because these have not resulted in a conviction. In my experience, and I have handled a good number of these claims, whether the test if satisfied is very fact...

Generally, where an employee is qualified to take leave under the Federal FMLA or Wisconsin's version of the FMLA, an employer may not impose requirements on you more burdensome than the law provides. The FMLA only requires a 30-day advance notice, and even that is flexible when the need for leave is not known that far in advance. So an employer's demand that you provide them with the exact amount of leave, when you are taking it and the like, 60 days in advance and before you even talk to your...

Wisconsin does have laws that protect consumers when merchants make misrepresentations about the goods or services for sale, and while the laws passed in Wisconsin this year have made it difficult for consumers to hire attorneys to represent them, you may still be able to find one to consult with or even willing to represent you. The National Association of Consumer Attorneys maintains a list of members in Wisconsin. Visit its webpage, and you should be able to find an attorney in your area...

I am sorry to hear of the problem in your recent used car purchase. It sounds like the dealer know about the transmission problem and pulled the wool over your eyes so you would not suspect the problem that he knew existed. Assuming that the dealer knew or should have known of this problem when he sold you the car, then it sounds like you would have claims for possible misrepresentation, fraud and perhaps violations of the Wisconsin Consumer Act. I have handled similar claims with these types...

If a sales manager of the used car dealer told you that they checked the car "very thoroughly" and that "there would not be any problems," and you discovery a serious transmission problem the next day, chances are that you have a claim under several different legal theories. You may want to attempt to resolve this issue with the dealer, to your satisfaction. If that does not work or if you wish legal advice beforehand, then I recommend you contact an attorney to discuss your rights and to have...

If you purchased a used car from a car dealer and the dealer sold it to you knowing that the car had significant problems but did not disclose the problems to you, then you may have a claim for fraud, for faililng to make certain disclosures in violation of the Wisconsin Consumer Act and possible other claims that could entitle you to recover damages. Depending on the nature of the problem and the dealer's culpability, you could potentially recover the full price you paid. The recovery depends...