Tag Archives: Wisconsin

Employee Tip: Filing for Unemployment in WI; Preparing for Appeal and Hearing

If you are a Wisconsin employee seeking unemployment benefits, you may wish to consider the information and tips below.

Please note this post does not provide legal advice- if you want legal advice, you must talk to an attorney about your specific situation. If you are interested in assistance from attorney-author Michael Brown of DVG Law Partner for your Wisconsin unemployment matter, please contact us here:

WI Unemployment - No Fees Unless You Win

The information below is intended to supplement information from the State of Wisconsin’s Department of Workforce Development (DWD), the agency that administers unemployment benefits.  You can also review DWD’s “Handbookhere, which has detailed information for employee/claimants, and DWD’s FAQs here.

Below is additional information for employees about the unemployment process.

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Employee Tip: Document, Document, Document (And SAVE Documents!)

If you are an employee with concerns about your employer, or you think you may pursue a legal action someday, please know that the documentation you keep is critical.  Do not assume the employer or others will keep important documents and produce them to you later, or will agree with your undocumented recollections of events.

More about documentation…

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“That’s Just the Way That I Am”

“That’s just the way that I am.”  Ever find yourself saying this, when confronted about something you’ve done?  If so, that means four things: (1) you are being unreasonable; (2) you KNOW you are being unreasonable; (3) you are making the conscious decision not to change what’s unreasonable; and (4) you don’t care about the effect your unreasonable action has on others.

The upside is, if you are saying this, you have the capacity of self-reflection.  And it’s never too late to ditch this axiom, and a philosophy that causes others, and you, unhappiness.

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Litigating? It’s Not About “Right” and “Wrong,” It’s About Risk

If you’re an employee or an employer involved in a lawsuit, you may feel strongly that you are “right” and the other side is “wrong.”  I think this is a counterproductive way of looking at a legal dispute.

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Employer Anger = College Money for Lawyers’ Kids

Employers who are angry wind up paying more in legal fees.  A lot more.  This is old news to employment attorneys, but perhaps not to the angry employers themselves.  Sidetracked by anger and the idea of chasing “principle,” they may not be listening to what their own attorneys are saying.  (I should mention that many employees I’ve run into are angry as well, and I warn them of their own risks).

On several occasions, during seminars and personal discussions, I’ve heard employer-side attorneys acknowledge that angry, “principle”-chasing employers are making financially-unwise decisions, but the attorneys claim (which is true) that it isn’t the attorneys’ fault.  On three different occasions, when I heard such an attorney acknowledge that angry employer clients tend to pay large legal fees, the attorney followed up with a statement to this effect: “but hey, I’ve got kids to put through college.”

Why do employer defense attorneys bring up their kids’ college funds when talking about employers who are angry or chasing “principle”?  Because angry employers are a treasure-trove for legal fees, that’s why.  Angry employers usually extend litigation a lot longer, and pay a lot more legal fees, than do employers who are more objective and rational about the risks they face.

Are you an angry employer?  Do you think of your anger as a source of college funds for attorneys’ kids?

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Are You In “Survival Mode?”

An employee (client) remarked to me that when she worked for her former employer- which had a difficult manager and stressful environment- workers there lived in “survival mode.”

This phrase rang true to me.   I talk to many employees in bad work situations, who are painfully aware they are miserable, and dread going to work each day.  Their goals are immediate: to avoid the boss’s wrath, to survive the next tirade, to survive the day.  Such employees usually hold onto some sort of abstract hope that things will improve, but when the day-to-day details play out, there are no tangible steps toward improvement and no positive changes are underway.  Each day is just patching a different hole in the dam.

So what keeps employees at these environments?  Often, it is money.  Or, the lack of better opportunities.

But most often, it is the employees’ perception they can’t make decent money elsewhere, or find better opportunities and work conditions elsewhere, that keeps them locked in place, stuck in “survival mode.”  Too often, when I ask a troubled employee “have you looked for a different job?” the answer is something like “I won’t be able to find another job that pays this much,” or “No one will hire someone like me.”

Many employees come to believe (whether consciously or subconsciously) that the way everything is, is the way it HAS to be.  It doesn’t.

Employees really can control our own destinies.  We can proactively: (1) identify what our dream job’s characteristics are; (2) identify how we can get to, or make, those characteristics a reality; and (3) make it happen.

Or… we can choose to peruse job ads, find a job, discover that job provides a hellish existence, and believe ourselves to be stuck there, living our work life in “survival mode.”

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Don’t File or Prolong a Lawsuit “Out of Principle”

This is a tip not only for employees, but also for employers and anyone else who is thinking about litigation.

If you are thinking of filing a civil lawsuit, or gearing up for a vigorous defense of a lawsuit (e.g. “we’re not going to pay that s.o.b. a dime”), you should know that starting or prolonging a lawsuit is only good for a select few things (see below).

What a lawsuit is NOT good at doing is proving a “principle,” or obtaining any type of emotional satisfaction.  To the contrary, the longer the litigation goes, both parties in a lawsuit usually become more and more emotionally-drained.  Usually, both parties, and especially the defendant/respondent, become more financially-drained over time.  (This disadvantage does not apply to the parties’ lawyers, who often get paid more the longer things go).

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Employee Tip: Dealing With Sexual Harassment

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.

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Montana: The Promised Land for Employees?

Montana is the only State that requires employers to have a good reason (or “good cause”) to fire an employee.

Under Montana law, “A discharge is wrongful … if … the discharge was not for good cause.”

Wisconsin, like most States, is not a “good cause” State and is instead an “employment-at-will” State.  This means in WI an employer may fire an employee “for good cause, for no cause, or even for cause morally wrong, without (the employer) being thereby guilty of legal wrong.”  Brockmeyer v. Dun & Bradstreet, 113 Wis.2d 561, 567 (WI SC 1983).

So, which State is better?  Is Montana an employee’s promised land, or another attempt at utopia that’s bound to fail?  Should Wisconsin be a “good cause” State?  I don’t have an answer, other than to say WI law should be better to employees than it is.

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