Wisconsin legislators are considering enactment of a bill, 2009 Assembly Bill 894, that prohibits workplace bullying by employers.
The bill seeks to prohibit abusive work environments in Wisconsin, and to allow a worker subjected to such an environment to bring a civil legal claim.
Importantly, a civil claim would be filed in a Wisconsin county court, as opposed to federal court or an administrative agency like the Wisconsin Equal Rights Division or EEOC (i.e. agencies that handle discrimination complaints).
This post summarizes the bill, its legal requirements, its potential benefits for WI employees, and potential liabilities for employers.
Filed under Legislation, Political, Resources for WI Workers
If you are an employee, had your job terminated, and are even thinking you may bring a legal claim against your former employer some day, please know that you should keep documentation relating to your job search efforts.
You may ask, “What does my job-search or new employment have to do with what my old employer did?” The answer: for most common employment claims (e.g. a claim your termination violated discrimination law), the offending employer can be held responsible for wages you lost (or “back pay”) from the date of your termination forward. An offending employer could try to legally reduce or eliminate the back pay it has to pay you by claiming that you didn’t look hard enough for a new job (or that you “failed to mitigate damages” in legal speak).
To avoid this potential argument that you failed to mitigate damages or look hard enough for work, you should keep documentation of your job-hunting efforts to remove any doubt that you made reasonable efforts to find work.
What Documentation You Should Keep
To keep good documentation of your job-search efforts, you should:
If you keep these forms of documentation, you will be in a better position for any future legal claim against the employer who terminated your employment.
Many employees file discrimination complaints with Wisconsin’s Equal Rights Division (ERD) without retaining an attorney. If you are an ERD complainant without an attorney, and you just received a “probable cause” determination, you may be wondering “now what?” Or at least you should be. In the time following a probable cause determination, things will get more formal and legalistic. You should get the most information you can about what’s to come.
Below, I’ll discuss what a “probable cause” (PC) determination means, what a “no probable cause” (NPC) determination means, and what each determination may mean for you. Bad news first.
Employees, employers, retirees and everyone else should check out this outstanding post by Professional Life Coach Tim Brownson: “5 Questions That Will Change Your Life.” Mr. Brownson arms readers with 5 questions that you should ask when facing any important life decision- I should note, these questions directly apply to any employment dispute or litigation that you are considering.
The magic questions are these:
If you listened only to corporate-based rhetoric, you would get the following impressions about individuals who sue organizations:
As someone who works with individuals bringing legal claims, I see many problems with these concepts, which mischaracterize the state of the world as I experience it.
Filed under Philosophy - Employee Rights
If you are an employee in Wisconsin and feel you are (or were) being sexually-harassed, you should know the following:
(A) Know how the law defines sexual harassment;
(B) Keep proof (documentation or recordings);
(C) Learn your employer’s policies before complaining or taking action;
(D) Do not act angrily or righteously;
(E) Before complaining, consider the risks of retaliation;
(F) Proactively arrange for Plan B (e.g. a new job, or transfer to different boss); and
(G) Don’t quit because the employer tells you to.
This information is described in more detail below.
If you are an employee thinking of filing a discrimination complaint with the Wisconsin Equal Rights Division (ERD) or the Equal Employment Opportunity Commission (EEOC), there are several things you may want to consider before submitting the complaint.
Please note this post does not provide legal advice- if you want legal advice, you should contact an attorney and discuss your specific circumstances. If you are interested in legal assistance from attorney-author Michael Brown for your matter, you can contact Mr. Brown and his law firm DVG Law Partner here:
First, you can review ERD’s website here for information about Wisconsin’s discrimination law, the Wisconsin Fair Employment Act (WFEA), and about filing a complaint at ERD. You can also review EEOC’s information about filing a complaint (also called a “charge”) here. Continue reading
Filed under Employee Tip - Considering a Legal Action
Below is an article I wrote about important questions a client should ask when hiring an attorney. I submitted the draft article to a business magazine, so the examples are written for the perspective of an employer-client who is seeking an attorney, rather than that of an employee-client. However, the questions and recommendations apply equally well to an employee-client, or to any client seeking legal representation for any legal matter (employment law, tax law, real estate, etc. etc.).
Important Questions to Ask When Hiring an Attorney
Filed under Employee Tip - Hiring an Attorney
Take Justice Back Daily Developments in EEO Law by Paul Mollica
WI Employee Rights Lawyer: Severance, Wages, Job Termination, Discrimination 