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Madison, WI 53701-2155
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Employment Law Blog Posts

AGE DISCRIMINATION PROTECTIONS IN WISCONSIN

September 19, 2012
by Colin Good

Between 2000 and 2010, the population 45 to 65 years old grew 31.5 percent to 81.5 million.1 This age now makes up 26.4 percent of the total U.S. population, the vast majority of whom remain in the workforce. (Id.) Many of the people in this demographic are faced with the possibility of being singled-out or terminated on the basis of their age. It should come as some relief to learn, then, that ... more->>

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YOUR EMPLOYER MAY NOT TERMINATE YOU FOR ASSERTING YOUR RIGHTS TO RETIREMENT, HEALTH OR DISABILITY BENEFITS

September 13, 2012
by Danielle Schroder

The Seventh Circuit Court of Appeals recently held that the anti-retaliation provisions of the Employee Retirement Income Security Act of 1974 (ERISA) protect employees who make informal complaints concerning benefits due to them under employer-sponsored benefit plans.In George v. Junior Achievement of Central Indiana, Inc., 2012 U.S. App. LEXIS 18571 (7th Cir. Sept. 4, 2012), Victor George, an ... more->>

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EMPLOYERS MAY BE REQUIRED TO REASSIGN DISABLED EMPLOYEES TO VACANT POSITIONS. THE SEVENTH CIRCUIT "CORRECTS [A] CONTINUING ERROR" IN ITS DISABILITY ACCOMMODATION JURISPRUDENCE

September 12, 2012
by Nicholas Fairweather

The Seventh Circuit Court of Appeals issued an opinion on September 7, 2012 that clarifies employer responsibilities to disabled employees under the Americans with Disabilities Act. In EEOC v. United Airlines, Inc., the Court considered whether a United Airlines policy noting that “transfer … [to] an equivalent or lower-level vacant position” may be a reasonable accommodation, any such transfer ... more->>

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DAMAGES 101: WHAT TYPES OF DAMAGES ARE AVAILABLE IF I WIN A CASE BEFORE THE WISCONSIN EQUAL RIGHTS DIVISION?

September 04, 2012
by Summer Murshid

Suppose you’ve met with an attorney or conducted some of your own research (Check out prior blog posts here and here for additional information) and determined that you have a claim under Wisconsin law. Before you decide to proceed with your case, you should know what kind of recovery is available to you if you win. Below is a list of potential damages which might be awarded if you prevail. Back... more->>

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SCHRODER SECURES UNEMPLOYMENT BENEFITS FOR EMPLOYEE WHO WAS FIRED FOR REFUSING TO WORK UNDER HAZARDOUS CONDITIONS

August 29, 2012

On August 3, 2012, the Labor and Industry Review Commission (LIRC) issued a decision finding a former employee of Stoughton Trailers eligible for unemployment insurance benefits and reversing an administrative law judge’s (ALJ) decision that the employee was discharged for misconduct connected with his employment. Attorney Danielle Schroder represented the employee in a two-day hearing on the ... more->>

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KNOW YOUR FABLES IF YOU HAVE A CASE PENDING BEFORE JUDGE POSNER!

August 27, 2012
by Katherine Charlton

A recent Seventh Circuit decision is an entertaining read from Judge Posner for those who enjoy fables, and as a reminder of the importance of jury instructions. Cook v. IPC International Corp., 673 F.3d 625 (7th Cir. 2012). In Cook, the plaintiff sued her employer for sex discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964. The case was tried to a jury, who ... more->>

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CASE DISMISSED?! PAGEL DECISION OFFERS A RAY OF HOPE FOR EMPLOYEES CONCERNED THEIR MEDICAL LEAVE HAS ADVERSELY AFFECTED THEIR EMPLOYMENT

August 20, 2012
by Danielle Schroder

The Seventh Circuit Court of Appeals recently rendered a decision in favor of an employee whose employer discriminated against him after he requested Family Medical Leave time to treat a heart condition. In Pagel v. TIN Inc., 2012 U.S. App. LEXIS 16548 (7th Cir. Aug. 9, 2012), the defendant, TIN Inc., terminated the plaintiff, Jeff Pagel, for alleged "poor performance" after Pagel took FMLA leave... more->>

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WHAT SHOULD I DO IF I BELIEVE MY EMPLOYER HAS FIRED ME BECAUSE OF MY AGE, SEX, RACE, DISABILITY, OR FOR SOME OTHER DISCRIMINATORY REASON?

August 06, 2012
by Aaron Halstead

Employees will often need an attorney to represent them if they have been fired for a reason that violates state or federal discrimination laws. However, there are a number of things you can do to assist an attorney in more quickly analyzing your case at the first office appointment.First, if your employer gave you a reason for the termination of your employment, whether in a meeting, during a ... more->>

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SCHRODER PRESENTS ON AGE DISCRIMINATION IN THE WORKPLACE

July 12, 2012

On Friday, July 13, 2012, Attorney Danielle Schroder will be speaking on age discrimination in the workplace at Madison Area Technical College’s Center for Adult Learning. The presentation is one in a series of free weekly workshops for older workers, providing information and resources on various job-related topics.... more->>

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WHAT HAPPENS IF I’VE BEEN ACCUSED OF CAREGIVER ABUSE OR NEGLECT?

July 10, 2012
by Nicholas Fairweather

The United States Department of Labor has estimated a 20% job growth rate for Nursing Aides, Orderlies, and Attendants for the years 2010-2020. These healthcare professionals are too often wrongly accused of misconduct related to their treatment of residents or clients. In Wisconsin, the State Department of Health Services (“DHS”) maintains a database of nurse aides and other caregivers who have ... more->>

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