Questions + Answers About

Employment Law

How long do I have to file a claim after an employment law violation?

The statute of limitations is a time limit established by the laws of Wisconsin, and it determines how long you have to file a lawsuit. The statute of limitations varies depending on the details of the employment law violation, so we recommend you pursue your case immediately.
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What if my employer fails to take COVID-19 safety precautions in the workplace?

While your employer may require you to come to work during the COVID-19 pandemic, you are entitled to a safe workplace. Your employer must take reasonable steps to protect employees and customers from COVID-19 transmission. If you have concerns, you have the right to speak up about them without fear of retaliation.
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Am I required to work during the COVID-19 pandemic?

Generally, your employer may require you to come to work during the COVID-19 pandemic.
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What if an individual employee was at fault, and my employer did not know about the harassment or abuse?

In Wisconsin, an employer is responsible for the actions of their employees, regardless of whether the acts were authorized or even forbidden by the employer and regardless of whether the employer knew or should have known of those acts.
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I was not paid for all the hours I worked. Do I have a case?

When an employer fails to pay an employee the applicable minimum wage or the agreed wage for all hours worked, the employee has a legal claim for damages against the employer. To recover the unpaid wages, you can either bring a lawsuit in court or file an administrative claim with Wisconsin's labor department.
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How do I prove I was discriminated against at work?

To bring a discrimination case, you must prove that the employment action (firing, reduced hours, skipped for promotions, etc.) was taken specifically because of your sex, race, national origin, religion or age.

You can prove this by demonstrating that:

1. You were treated differently than someone of a different sex, race, national origin, religion or age.
2. Someone who is very similar to you in position, rank, or job duties, and who is of a different sex, race, etc., was treated more favorable under similar circumstances.
3. That there was no legitimate, nondiscriminatory reason why the employer treated you differently.
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What do I need to prove wrongful termination?

While most employment is "at will," which means an employee may be fired at any time and for any reason or for no reason at all, there are some important exceptions. You may be able to prove wrongful termination if you have experienced:

- Broken written promises, like contracts
- Broken implied promises, including length of employment, history of promotions and positive reviews, and verbal promises of employment
- Discrimination
- Breaches of good faith
- Violations of public policy, including denying time off for jury or military duty, withholding commissions or PTO pay
- Retaliation
- Fraud
- Defamation
- Whistle-blowing violations
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Can I be fired without just cause?

Wisconsin is an at-will employment state, which means that an employer can fire an employee unless the reason falls under wrongful termination laws.
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