Monthly Archives: September 2011

Good WFEA Case Decision re Retaliation Based on Good Faith Complaint of Discrimination

The Wisconsin Court of Appeals issued a decision involving the Wisconsin Fair Employment Act (WFEA) decision,which is good for WI employees alleging retaliatory discharge under WFEA discrimination law.

The decision was in favor of an employee-complainant who complained of “discrimination” generally to a manager (without specifically referencing the type/protected class basis) shortly before being fired.

http://www.wisbar.org/res/capp/2011/2010ap001902.htm , Town of Rome v. LIRC, 2010AP001902 09-08-11

According to the decision, the employee’s complaint about discrimination, while not specific, was sufficient to protect her under WFEA’s anti-retaliation law.

The case also supports WFEA’s in-part standard, that the employer is liable for mixed motive termination if it would not have fired the employee in the absence of its (partial) motivation to retaliate against the employee for her opposing discrimination.

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Filed under Employee Rights & Employment Law, Employee Tip - Considering a Legal Action

Do NOT Email An Attorney About Personal Matters from Your Employment Email Address

email address
Image by Sean MacEntee via Flickr

I am an attorney, and every so often, a new potential client will email me, and will do so using their employment email address.  When this happens, often the person’s email will contain negative information about his or her employer, or other information the person would not want the employer’s management to read.

Please know this: most employers can, and will, access employees’ emails sent from their work email accounts. Even if your employer has “never” done this so far, and you think they never will, please know if you later file a legal dispute (or the employer thinks you may), the employer will likely become motivated to comb through your emails at that point.

You can avoid risks by simply doing this: if you email an attorney for your own personal purposes, use your personal (non-work) email account.

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