Best Employment Lawyers in Madison

FAQs

• What is the non-emergency contact number for the local police station in Madison, Wisconsin?

  You may call the City of Madison Police Department at its non-emergency dispatch number, 608-255-2345.

• Where can I get a copy of police reports for incidents related to my case in Madison, Wisconsin?

  Police reports are kept by the Records Section of the Madison Police Department, and mail requests are sent to 211 S. Carroll St., Madison, WI, 53703. At the same time, in-person transactions are done at the City-County Building, 210 Martin Luther King Jr. Blvd. The office's fax number is 608-267-1117.

• What are the frequent sources of disagreement between workers and employers in Madison?

  Workers and employers in Madison often disagree because of wage issues and accusations of theft by management. Discrimination is a source of controversy, as are employee misconduct and the resulting investigations. Clashes as to the interpretation of employment contracts are a concern. The proper apportionment of overtime pay also leads to disputes.

• Is litigation an ideal means of resolving employment disagreements in Madison?

  Litigation is one way to resolve employment disagreements in Madison, but sometimes it is preferable to resort to negotiations out of court. Resorting to the judiciary is costly and adversarial in nature, making it hard to return to normal should the employer win. Extrajudicial discussions are preferable generally unless peaceful talks have become impossible.

• What law provisions should employers in Madison take note of when drafting an employee handbook?

  When an employer in Madison writes an employee handbook, it is wise to draft provisions covering employee background screening policies, vacation and paid time off, the presence of alcohol and drugs in the workplace, computer use, and overtime payment. A lawyer helps balance out the need to stay as close to the legal minimum overtime pay as possible while still attracting talented workers.

• Can a company in Madison fire an employee who suspects that the work being done in the office is illegal?

  Yes, a company in Madison can fire an employee who suspects that the former is performing illegal acts. While there is a legal precedent that an employee cannot be compelled to carry out an employer's order contrary to law, this presupposes the company or bosses issued a command. In this instance, there was no order to do anything illegal, and the worker only had personal feelings to go on.

• Can the non-compete clause of an employment contract in Madison be enforced if the no overtime pay clause on the same document is illegal?

  Yes, an employment contract in Madison with a valid non-compete clause can be enforced even if the no overtime pay clause is illegal. The clauses in these work documents are separable, and an invalidity in any part leaves the rest valid and enforceable. The law prefers to give effect to the agreement of the parties instead of stepping in to force the creation of a new one.

• What does an employment attorney do?

  Employment attorneys represent workers, companies, unions, and advocacy groups. Their primary job is preventing and resolving disputes related to state and federal employment regulations as well as civil rights. They assist with the development of policies, including laws and employee handbooks, and they represent clients in court and during administrative hearings overseen by the U.S. Equal Employment Opportunity Commission and state-level labor agencies.

• How much should I ask for in a discrimination lawsuit?

  Employment-related claims are among the most complex and time-consuming lawsuits heard in the civil court system. Before workers can file a lawsuit, they must file a claim with the U.S. Equal Employment Opportunity Commission. Every year, the EEOC recovers $505 million for victims of workplace discrimination. When cases proceed to court, the average settlement is approximately $40,000. However, roughly 10% of claimants receive at least $1 million.

• How do I prove discrimination in the workplace?

  Discrimination lawsuits are typically based on an established pattern of behavior in the workplace. Employment attorneys who handle these claims generally advise clients to gather evidence and document all instances of discrimination, harassment, or abuse, as they occur. The following documents are often vital for proving workplace discrimination:

  • Personnel files
  • Payroll records
  • Employee handbooks
  • Diary or journal entries
  • Medical or mental health records
  • Reports from witnesses
  • Photos or video footage
  • Physical evidence

  
  

• Can I sue my company for a hostile work environment?

  Yes, offensive or unwelcome conduct that creates a hostile work environment and affects your terms of employment may give you reason to take legal action. However, rude or abusive behavior on its own isn’t illegal. It must also be tied to other legal issues, such as retaliation for reporting harassment or discrimination directed at members of a protected group.

• What is the EEOC?

  The EEOC is the U.S. Equal Employment Opportunity Commission. It's a federal agency tasked with helping to enforce laws concerning discrimination in the workplace. Not all employers are covered under the EEOC. Typically, you have to work for an organization with at least 15 employees or for a labor union or agency to be covered by EEOC protections.

• How do I report an abusive boss?

  If you believe you're being discriminated against, you have several options. First, follow internal reporting procedures with human resources or other leadership. You can also file a charge of discrimination with the EEOC. Talking to an employment attorney can help you understand your options and protect your interests.

• What laws protect employees from job discrimination?

  • The Civil Rights Act of 1964 provides employees with protection against discrimination based on a wide variety of factors, including national origin, sex, religion, race, and color.
  • The Age Discrimination Act of 1967 applies age to the protected class.
  • The Equal Pay Act of 1963 forbids sex-based compensation discrimination.
  • The Rehabilitation Act of 1973 makes it illegal to discriminate on the grounds of disability in terms of employment decisions.
  • The Civil Rights Act of 1991 adds more protection and power to the federal government to enforce some of these laws.

• How do I file a wrongful termination claim?

  You can file a wrongful termination claim with the EEOC online, via mail, or in person at various EEOC branch offices. You may be able to file a complaint with a state agency. To determine an appropriate plan of action and which organizations you can file with, speak to an employment lawyer.

• What is unfair treatment at work?

  Unfair treatment is not the same as unlawful treatment. There aren't laws against unfair treatment, which can include a boss who generally bullies people into action or someone who doesn't make fair decisions about time off because of nepotism or mood. Such issues may not constitute a claim for a court argument or allegation, unlike unjust judgments made on the grounds of race or age. An employment attorney can clarify if unfair treatment is also unlawful.

• What are some workers\' rights related to injury and illness?

  Employees have a variety of rights related to time off if they're injured or fall ill. For example, in workplaces covered by the Federal Medical Leave Act, workers are allowed to take up to 12 weeks off without losing their position in a company. The leave is unpaid unless PTO time can be used to cover it. Employees may also have rights to file a workers' comp claim if they're injured on the job. All of these laws cover different situations and types of employers, and an employment attorney can help you understand what rights you have.

• Can an employer force you to work?

  This is a gray area in some cases, which is why it may be a good idea to consult an employment lawyer if you have concerns about your workplace. According to the Occupational Safety and Health Administration , workers have a right to refuse to work in dangerous situations. But the burden of proof that this is, in fact, the case, can weigh heavily on the employee.