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Employment Law

Discrimination or Harassment? Wrongful Termination? Denied Unemployment? Denied a Job? Employment discrimination and wrongful termination can devastate your family and finances. Kindt Phillips Friedman & Fremgen, S.C. can help.

Know Your Employment Rights

Employee rights come from two sources: statutory rights granted by federal or state law and rights granted by contract. Federal and state law may:

• Protect your right to overtime pay,
• Protect you from discrimination,
• Allow you take time off each week or
• Allow you to return to a job after a family and medical leave.

Employment contracts and certain offers of employment can:

• Protect you from being fired without cause,
• Define your job, hours and benefits
• Provide for compensation after layoffs, or
• Sence in employment law. Andrew J. Phillips and Kennard N. Friedman have successfully represented individual, employees and employers in enforcing employee contracts and other legal rights. In addition, Andrew J. Phillips has successfully negotiated union contracts for over 20 years.

Rights Protected by Federal and State Law

Federal and State law can protect you if someone violates your employment rights. However, in many cases, you must begin by filing a complaint with a state or federal agency. In some cases, you have only a few weeks or months to make your complaint. For example, state complaints of violation of Wisconsin’s family and medical leave act must be filed with 30 days of the violation.

Protected Right	Federal Law	State Law
Freedom from harassment & discrimination because of: age ancestry arrest record color conviction record creed disability genetic or honesty testing marital status membership in national guard or state defense or armed forces or reserves national origin pregnancy or childbirth race sex or sexual orientation use or non-use of lawful products off-premises and off hours whistleblowing, or filing or assisting a complaint	Yes, if employer is not too small	Yes
Wages and Hours	Yes	Yes
Payment of Wages Due	Some	Yes
Workplace Safety	Yes – OHSA	Yes
Return to work after injury		Yes
Unemployment & Workers’ Compensation		Yes
One Day off in Seven	No	Most Workers
Family & Medical Leave	Yes, if qualified	Yes if qualified
Health and Retirement Benefits	Yes if offered	Only if exempt from Federal Law
Whistleblower	Some	Some

If you think your employment rights have been violated, do not wait. Call Kindt Phillips Friedman & Fremgen at 920-231-1500 or, tollfree, at 888-782-1990. Contact Us.

Unemployment Insurance

In Wisconsin, workers who have had sufficient income and employment in the eighteen months before they are fired may be eligible for unemployment insurance benefits. The most likely facts that will disqualify an employee are termination for cause involving acts contrary to the interest of the employer and voluntary resignation.

Acts contrary to the interest of the employer fall into two categories. Obviously, criminal acts are contrary to the interest of the employer. So is breaking a regularly enforced work rule that protects the employer (and often the employee) from personal or financial injury. Safety rules are a good example of regularly enforced work rules designed to avoid personal and financial injury.

If you have resigned because of harassment, discrimination or violations of the law that affect you personally, you may be able to obtain unemployment insurance benefits. Depending on the facts, the law views these situations as constructive discharge by the employer. If you have resigned voluntarily, you are entitled to unemployment compensation if you are unemployed for at least four weeks and have earned an amount equal to one month’s unemployment insurance benefits.

If you have been denied unemployment insurance benefits, you have only a limited time to appeal. Don’t delay. Call Kindt Phillips Friedman & Fremgen at 920-231-1500 or 888-782-1990. Online: Contact Us

Employment Contracts.

Employment contracts can protect the rights of both employees and employers. For individuals, the most important parts of the employment contract can be:

1. Compensation and benefits
2. The term of guaranteed employment
3. Conditions for termination of the contract
4. Severance pay and benefits
5. Agreements not to compete
6. Confidentiality agreements

You should seek legal advice if you are contemplating signing an employment agreement, if you are asked to sign a non-compete or confidentiality agreement, and if you are thinking of leaving a job where you have an employment contract. For a consultation, call Kindt Phillips Friedman & Fremgen at 920-231-1500 or, tollfree, at 888-782-1990.

Independent Contractors

Sometimes employees and employers would prefer to avoid an employment relationship. However, independent contractors can be treated as employees for the purpose of federal and state laws, including employment taxes, federal and state withholding, unemployment and workers compensation. The law looks over the facts of each situation, including behavioral control, financial control and the business relationship.

Behavioral Control covers facts that show whether the business has a right to direct and control how the work is done through instructions, training or other means.

Financial Control covers facts that show whether the business has a right to control the financial and business aspects of the worker's job. This includes:

• The extent to which the worker has unreimbursed business expenses. The extent of the worker's investment in the facilities used in performing services. The extent to which the worker makes his or her services available to the relevant market. How the business pays the worker, and The extent to which the worker can realize a profit or incur a loss.

Type of Relationship includes:

• Written contracts describing the relationship the parties intended to create. The extent to which the worker is available to perform services for other, similar businesses. Whether the business provides the worker with employee–type benefits, such as insurance, a pension plan, vacation pay, or sick pay. The permanency of the relationship, and
• The extent to which services performed by the worker are a key aspect of the regular business of the company.

For a consultation with Kindt Phillips Friedman & Fremgen, call 920-231-1500 or contact us online .

Attorneys serving northeastern Wisconsin, including Appleton, Oshkosh, Neenah, Fond Du Lac, Menasha, and other communities in Outagamie County, Winnebago County, Green Lake County, Waushara County, WaupacaCounty, and Calumet County.

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