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Randy T. Enochs

Randy Enochs’s Answers

1,027 total


  • Is it legal to change an employee's salary based on decreased productivity while on unpaid FMLA leave?

    I am a physician and half of my salary is based on my production. Salary is calculated twice a year in January and June and based on the production in the 12 months prior. In February, I took a 12 week unpaid maternity leave covered by FMLA. Wh...

    Randy’s Answer

    This could be a combination of FMLA interference/retaliation, sex/pregnancy and wage discrimination (since men can't get pregnant, it'd be interesting to see if males in this workplace suffer the same pay cuts when they take any sort of leave). You'll want to call an employment attorney in Wisconsin to discuss the facts further and the process involved in either filing a complaint, or attempting to remedy this issue directly with the employer to avoid filing a complaint.

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  • How do I make sure that I have a solid case of Harassment in the workplace.

    Me and My Girlfriend both work at American Family insurance and since than we have been nothing but harassed and made examples of by one of the Managers. Ex. Put on probation, have to send emails when we arrive, have to send emails when we go on o...

    Randy’s Answer

    There is no law that forbids any sort of "general harassment" in the workplace. As one of the previous attorneys pointed out, you have to show that the harassment is because of your belonging to a "protected class" (i.e., because you're of a certain race, age, have a disability, etc). Otherwise, feeling singled out and 'picked on' for personal reasons is not actionable.

    However, it may still be a good idea to call an employment lawyer and discuss it further. Sometimes there may be a law violation that wasn't considered or mentioned in your brief paragraph.

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  • I need to have a second back surgery and i used all of my vac and sick time in jan for the 1st surgery in wisconsin.

    bed bath and beyond does not have short temr disability and ill be out for weeks. it is not a workmans comp case. my back is just bad on its own stenosis and sciatica.

    Randy’s Answer

    You may be eligible for FMLA leave and should inquire about your FMLA leave rights with the employer.

    To be eligible for FMLA leave, an employee must work for a covered employer and:

    -have worked for that employer for at least 12 months; and
    -have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave; and,
    - work at a location where at least 50 employees are employed at the location or within 75 miles of the location.

    If you are not eligible for FMLA leave, the next inquiry may be whether you have a "qualified disability" and leave may be an accommodation. If your injury is temporary and will heal in the near future, you more than likely do not have a "qualified disability" and may simply be out of luck and have to apply for unemployment benefits.

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  • Do I have to supply my employer with a medical write up from my Dr.

    I was hurt off the job. Dr put me in a boot however I have no restrictions and can easily do my job. My employer told me that I can not work with our a full report from my Dr. I have taken no time off at all for this or asked for any accommodatio...

    Randy’s Answer

    It really depends on a number of factors, but if the employer simply wants to know the extent to your leg injury, and nothing more, and your job involves use of your leg (i.e., manual labor, etc). this is more than likely allowable under the ADA.

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  • Can I sue my ex employer for retaliation termination???

    For months he had been trying to get me to quit or find a reason to fire me for going to corporate over being attacked by another employee (I have copy of his email to district manager) I was terminated may 28th and have been repeatedly told I can...

    Randy’s Answer

    In agreeing with the other attorney in needing to telephone an employment attorney in Wisconsin to discuss this matter in further detail, it is at least important for you to realize that a retaliation claim must involve you having engaged in a "protected act." Not everything is an actionable retaliation claim just because an employer is suddenly wanting to terminate you, so that will be important to determine for an attorney.

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  • Can an employer ask you to drop your pants to your ankles and lift your shirt during a random UA

    I was asked to do a random UA and I tested positive on the first one they put me on one year probation and had me pay $380 to see a person for aoda classes and now I keep getting random urinalysis test this last one they had asked me to drop my pa...

    Randy’s Answer

    This is potentially an invasion of your privacy. But, it will depend highly on the facts of the case. You will want to contact an employment attorney in Wisconsin to discuss this in further detail.

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  • Can my employer work me in a cheese processing plant more than 12 days straight?

    I work for a dairy company where we dry aged parmesan and romano cheese. There is no raw product such as milk coming into the plant so nothing can spoil. State law says the one day rest in seven doest apply to places that manufactor cheese. We pro...

    Randy’s Answer

    You can contact or file a complaint with the Wisconsin Department of Workforce Development ("DWD") about the issue. Their website is here: https://dwd.wisconsin.gov/er/labor_standards_bureau/one_day_rest_in_seven_law.htm

    As the previous attorney states, it may depend on whether this situation fits their definition. You can also contact OSHA about this if the DWD cannot help or says you have no claim.

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  • WI contest

    I paid $50 to be part of a bridal event in WI. Part of the event was a contest with the grand prize worth $1000.00. The love story with the most 'likes' on Facebook within one week wins. Today is the last day and this other woman and I have been ...

    Randy’s Answer

    In agreeing with the other attorney, this also is an employment law question. The money at stake ($1,000) isn't going to worth hiring an attorney over. If you can prove all of your allegations, maybe contact the store holding the contest and show how their rules are being broken. Otherwise, to engage in some sophisticated legal suit over a $1,000 contest will be a small claims matter and after you've paid your fees and expenses, you may end up with less money and a lot of stress and headaches.

    Best of luck either way!

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  • Can the Union force my employer to take me off payroll and become an independent contractor?

    When Wisconsin became a right to work state, I opted out of the Union. From that point on my employer and I came up with a package to benefit both of us since I did not need any of the Union package to where I was just a payroll employee and they ...

    Randy’s Answer

    It is possible you *may* be misclassified. You can file a complaint with the Department of Workforce Development ("DWD") about the issue. Their website on worker misclassification is here: https://dwd.wisconsin.gov/worker_classification/

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  • Is my place of employment harassing me in the eyes of EEO ? Do I have even evidence to file a complaint and with whom?

    My boss was taking a 2 week vacation. In WI legally I can work as a hygienist without the dentist present as long as patient does not need exam or x-rays. My boss chooses to not allow it. Instead she offered me limited days and hours. Mon-wed just...

    Randy’s Answer

    The other attorney is absolutely correct and just to elaborate a little more, there is no such thing as a law against 'general harassment' in the workplace. There are not anti-bullying laws for the workplace and typically I tell people that the law does not require general civility in the workplace.

    The worker's comp exclusivity law does not allow you to sue this employer for defamation unless it happens AFTER your employment ended.

    But, to answer you direct question, no, this is not something the EEOC handles.

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