Sexual Harassment in the Workplace

Sexual harassment is, sadly, still common in our society. Laws in Wisconsin make sexual harassment in the workplace unlawful.

Sexual harassment can come in many forms. It can be subtle, such as unwelcome comments about appearance or comments about the natural strengths or weaknesses of men versus women. Or it can be severe: sexual harassment includes unwelcome sexual solicitations, as well as touching and other assaults.

Most employers have policies against sexual harassment and policies against retaliation. An employee’s first resort is to make her or his employer aware of the sexual harassment so the employer can deal with it and, it is hoped, end it. But if the harassment persists, or the complaining employee experiences retaliation for making the complaint, the employer violates the law.

Remedies for sexual harassment can include money for emotional distress and in some cases, punitive damages. If someone prevails on a legal claim, a court will order the employer to pay that person’s attorney fees.

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It is impossible to describe every form of sexual harassment. But most sexual harassment comes in one or more of the following forms:

  • Unwelcome sexual comments. That can be comments about appearance related to clothing or a person’s body. It can also include comments expressing a desire for sex or sexual contact, or questions about a person’s sex life. Harassment also includes being exposed to sexual talk, as long as this exposure is unwelcome. This type of harassment is verbal. Sending unwanted sexual photos or subjecting someone to other, unwelcome sexual imagery is also sexual harassment.
  • Sexist comments. These would include comments not sexual in nature but based on sexist stereotypes. The awful classic, “A woman’s place is in the home, not the workplace,” is an example.
  • Non-sex-based verbal harassment directed at only one sex. For example, if a supervisor regularly berates only the women, but not the men, that is sexual harassment even if the supervisor never mentions sex.
  • Unwelcome touching or physical contact. Touching, groping, hugging, kissing and even more extreme examples of sexual assault belong in this category.
  • Conditioning employment or promotion on the granting of sexual favors. An employer is forbidden to demand sex in exchange for any employment benefit of any kind.

Sexual harassment must create a sexually hostile working environment. That is, it must be severe or pervasive, or both. “Severe” usually means shockingly explicit comments or groping. “Pervasive” means that it happens a lot. A comment like, “You look cute, honey,” stated once or twice is not pervasive. But if it happens nearly every day, then it becomes pervasive.

Sporadic comments, even though they are offensive, would probably not rise to the level of sexual harassment, as the law defines it. An offended employee should still use the employer’s sexual harassment policy, though, to put a stop to even the sporadic comments.

Also, the sexual harassment must occur at work or at work functions – somewhere the employer controls – for the harassment to be prohibited by law. Cell phones have complicated this rule, but if a coworker sexually harasses a coworker through his or her phone, that constitutes workplace harassment at any time.

Except for conditioning employment or promotion on sexual acts, an employer must first be given an opportunity to put a stop to sexual harassment, as long as the employer has a policy forbidding sexual harassment in the workplace. Generally, an employee is expected to take advantage of the policy before that employee can file a legal claim.

An employer is forbidden from retaliating against an employee because he or she has complained. That protection extends not just to the victim of the harassment, but to anyone who complains about sexual harassment.

Anyone can be a victim of sexual harassment. The law prohibits men sexually harassing women, women sexually harassing men, men sexually harassing men, and women sexually harassing women. Harassment based on a person’s sexual orientation is also against the law.

For an employee to take legal action, that employee must file a claim within 300 days of the last act of sexual harassment. Otherwise, it will be too late to take any legal action.

An employment law attorney can be of great benefit to the employee at any stage. The attorneys at Gingras, Thomsen & Wachs have decades of experience holding employers accountable for sexual harassment. If you feel you have been the victim of sexual harassment or retaliation, contact Gingras, Thomsen & Wachs for a free consultation. Gingras, Thomsen & Wachs operates in all parts of Wisconsin.

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Kinne Files Sexual Harassment Lawsuit Against Former Eau Claire County District Attorney

Law firm building with autumn trees exterior

Gingras, Thomsen and Wachs partner Paul Kinne has filed a sexual harassment lawsuit against former Eau Claire County District Attorney Gary King on behalf of our client, who worked as a victim witness coordinator for the county. In this role, she was forced to work closely with the Eau Claire District Attorney’s Office.

For more than a year, our client suffered abuses at the hands of Gary King. The lawsuit states that he made numerous sexual comments, which included instances where King suggested the two get a hotel room on the way to a breakfast meeting and have a threesome with another man.

There were additional instances of harassment where King pulled our client onto his lap, rubbed her foot when she had taken off her shoes, hugged her from behind while she sat at her desk and attempted to kiss her on the mouth.

Our client noted that King was frequently intoxicated while engaging in his abusive conduct towards her.

In the lawsuit, Kinne argues that our client was entitled to work in an environment free of sexual harassment and assault. However, she felt she was obligated to tolerate the harassment because of concern about what it would do to her job if she complained about it more vocally.

In February of 2021, our client did make a formal complaint to Eau Claire County human resources. However, she was told by the county’s corporation counsel that the county “could not touch him” because of King’s role as District Attorney.

A third-party investigation ordered by the HR department later that month concluded that King did make inappropriate comments to women.

Gov. Tony Evers then appointed a commissioner to investigate the claims of abuse made against King in June. Less than a month after this investigation began, King submitted his resignation. The investigation was then dropped by the governor’s office.

While our client does want justice for herself, she also hopes to be an example for other women who endure harassment for fear of what might happen to their careers.

“She hopes that by going forward with this action, she will make it easier for women in her situation to step forward and also make it less likely that people like Mr. King will engage in the kind of conduct that we saw here,” said Kinne.

Additional News Coverage:

https://www.wpr.org/sexual-harassment-lawsuit-filed-against-former-eau-claire-county-district-attorney

https://www.weau.com/2022/01/06/federal-civil-suit-filed-against-former-eau-claire-county-da/

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Discrimination in the Workplace: What are my Rights?

Job interview panel with woman

When the job offer never makes it into your inbox or the promotion never materializes, or the position you loved is suddenly terminated it can feel like the rug has gone out from beneath you. It can leave you wondering what went wrong. Sadly, unlawful discrimination is too often the answer. If you feel that you have been treated differently simply because of who you are, you are not alone. According to an extensive report from the Washington Post, between 2010 and 2017 individuals filed more than 1,000,000 employment discrimination complaints with the government.[1] With a problem, this widespread, see how you can take action.

First, it is important to understand your rights. There are important protections in place that are designed to shield employees from discrimination. It is illegal for an employer to consider certain personal characteristics when it makes employment decisions. This means that your employer (or prospective employer) may not take certain characteristics into consideration when you are being considered for a position, a promotion, or for termination. The personal characteristics that are protected from discrimination are referred to as “protected classes.”

Exactly which characteristics are considered a “protected class” varies depending on where you live or work. For example, Title VII of the United States’ landmark Civil Rights Act protects against discrimination in the United States based upon “race, color, religion, sex, or national origin.”[2] States and municipalities can (and do) go further than this base level of protection. The City of Madison prohibits employment discrimination based upon many protected classes, including “sex, race, religion, color, national origin or ancestry, citizenship status, age, handicap/disability, marital status, source of income, arrest record, conviction record, less than honorable discharge, physical appearance, sexual orientation, gender identity, genetic identity, political beliefs, familial status, student status, domestic partnership status, or status as a victim of domestic abuse, sexual assault, or stalking.”[3]

Such generous protections do not exist everywhere. To this day, there are twenty-six (26) states that have no explicit statutory prohibition on discrimination based on sexual orientation or gender identity.[4]

Let Gingras, Thomsen & Wachs Lawyers Help

Ultimately, a mistreated employee faces not only the effects of discrimination but a confusing situation about how to address the discrimination. How can people of color respond when their white colleagues receive the only available promotions? What can women do when males in the company receive higher compensation for the same work? What can a differently-abled employee do when the boss refuses a reasonable accommodation?  How can I prove that I was discriminated against? If you feel that you were discriminated against, there are pressing deadlines which could eliminate your claim if you fail to act in time. It is important to make sure that your rights are protected in these situations. Gingras Thomsen & Wachs’ Lawyers are thoroughly-versed in workplace discrimination law and can help you determine exactly what steps you should take. We are here to help, contact us today.

 

[1] Jameel, Maryam, The Numbers Behind Employment Discrimination, Feb. 28, 2019, The Washington Post, available at https://www.washingtonpost.com/graphics/2019/business/discrimination-complaint-outcomes/.

[2] 42 U.S.C.S. § 2000e-2.

[3] City of Madison, Code of Ordinances § 39.03.

[4] See Movement Advancement Project, Non-Discrimination Laws, accessed September 10, 2019, available at http://www.lgbtmap.org/equality-maps/non_discrimination_laws.

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Why Employee Wellness Programs are Important

Employee at desk with computer, phone and yoga mat

It can be a struggle to remain healthy and active while juggling work, family and other commitments. Some employers, recognizing this, have implemented employee wellness programs to help folks stay healthy and happy. See why these employee wellness programs really are important and why you should have one at your company.

According to the Centers for Disease Control and Prevention, chronic health conditions directly contribute to increasing insurance premiums and employee medical claims.[1] The CDC attests that work-related stress is the leading workplace health problem, a major occupational health risk that is more prevalent than inactivity and obesity. The economic cost of this issue is staggering, employers miss out on approximately $225.8 billion in productivity due to missed work.

Thus, it is not hard to understand why employee wellness programs can help employees stay healthy while protecting their employer’s bottom line. Employee wellness programs take on all shapes and sizes. Some employers offer classes and information to teach employees better habits of staying healthy while staying productive. Other employers go a step further, offering actual fitness lessons and classes on-site. Regardless of the form they take, employee wellness programs are, generally-speaking, directed at improving the same thing: the well-being of the employee.

Wisconsin’s Department of Health Services publishes a worksite wellness resource kit to aid employers and employees in finding the right program to help improve the workplace and employee health. [2] The guide provides practical tips and advice to help guide employee wellness in Wisconsin. Among other things, the publication gives tips on physical activity, nutrition, and financial wellness. Everything from biometric assessments to removing barriers to workplace breastfeeding is considered and discussed. The guide is a helpful tool for anyone to analyze when considering how to improve the health and wellness of the workplace.

Gingras, Thomsen & Wachs employees partake in several work-adjacent wellness programs. For example, the Madison office has a regular running club that enjoys bi-weekly runs around the neighborhood. It is a nice opportunity to get in a quick workout before heading home for the day. The running plan is pretty simple. Each week on Tuesday and Thursday, a group of folks set out from the office. The running route stays near the office to accommodate for different types of running experience levels. So, folks can either run a single mile, two miles, or just under four miles. Wisconsin weather permitting, this presents a great opportunity for folks to keep up with personal fitness goals while saving some time before making the commute home from the office.

Although the concept of ‘employee wellness’ is relatively intuitive, there is some dispute about the efficacy of these programs. A recent report published in the Journal of the American Medical Association (JAMA) offered a mixed bag of results for employee wellness programs. [3] On the one hand, the study found that wellness programs resulted in more regular exercise among employees, it did not correlate with any differences in self-reported health outcomes.

Let Gingras, Thomsen & Wachs Help

If you have questions about an employee wellness program or your company would like to implement one, contact one of our four offices across the state of Wisconsin to learn more.

 

[1] At a Glance 2016 Workplace Health Promotion, Centers for Disease Control and Prevention, available at  https://www.cdc.gov/chronicdisease/resources/publications/aag/pdf/2016/aag-workplace-health.pdf

[2] Wisconsin Worksite Wellness v 4.0, Wisconsin Department of Health Services, Division of Public Health Wisconsin Chronic Disease Program, revised 03/2018, available at https://www.dhs.wisconsin.gov/publications/p4/p40135.pdf

[3] Song et al. Effect of a Workplace Wellness Program on Employee Health and Economic Outcomes, JAMA, April 16, 2019, available at https://jamanetwork.com/journals/jama/fullarticle/2730614?guestAccessKey=f67976b4-63b8-4369-983f-196774f9404e&utm_source=For_The_Media&utm_medium=referral&utm_campaign=ftm_links&utm_content=tfl&utm_term=041619. See also Abelson, Reed Employee Wellness Programs Yield Little Benefit, Study Shows, The New York Times, April 16, 2019, available at https://www.nytimes.com/2019/04/16/health/employee-wellness-programs.html

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Can I get Out of My Non-Compete Agreement? Tips for Understanding your Contract

Business Women at Interview

Many employers require their new hires to sign a contract called a “non-compete agreement” as a condition of employment law. Unfortunately, the decision to sign this contract is usually rushed or pressured; many new hires have neither the time nor legal counsel necessary to evaluate the fairness or legality of their non-compete agreement. Often, the bargaining power is balanced on the side of the new employer. Know your rights before signing a non-compete agreement.

For better or worse, new hires usually cannot envision leaving their new company and fail to plan for that occasion. Therefore, the best way to get out of your non-compete agreement is to have a skilled attorney review your non-compete agreement before you even sign it.

However, if you find yourself haunted by the specter of an old non-compete, the good news is that Wisconsin statutes set strict standards for what makes a non-compete agreement legally binding. A skilled attorney may be able to help you find a way out of yours.

Wisconsin Statute § 103.465 outlines the general rules for non-compete agreements. Wisconsin courts will only enforce a non-compete “if the restrictions imposed are reasonably necessary for the protection of the employer”.

Wisconsin case law further defines what restrictions are “reasonably necessary.” The non-compete must: 1) be necessary for the protection of the employer or principal; 2) provide a reasonable time limit (usually two years); 3) provide a reasonable territorial limit; 4) not be harsh or oppressive to the employee, and 5) not be contrary to public policy.

When an employee challenges the legality of a non-compete agreement, the employer has the burden of showing the court that the agreement is reasonable. This is important because if an employee can show that any one of the above five elements was not met, the non-compete agreement is illegal and of no effect.

The legality of a non-compete agreement is very fact-specific and unique to your contract, and there may be more legal rules that apply. You can always have your non-compete evaluated by a skilled and experienced attorney, there may very well be a way out.

Contact a Gingras, Thomsen & Wachs Lawyer for Help

Questions? Contact Gingras, Thomsen & Wachs, LLP today to have your non-compete evaluated. Remember, the best time to evaluate your non-compete is before you sign it. Regardless, we’re here to help!

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Legislative Implications from the Wisconsin National Guard Allegations

GCW Blog WI National Guard Legal Implication

#MeToo has brought sexual assault and harassment to the forefront of many conversations and sparked awareness at the national level over gender equality and civil rights. As debates have raged on nationally, we’ve seen many issues come to light in Wisconsin.

Most recently, a six-year internal investigation into sexual assault in the Wisconsin National Guard found a seriously disturbing trend. A group of men in the 457th Chemical Company titled themselves the “four horsemen” and “preyed” on women for sexual favors. Sexual assault and misconduct were found to be prevalent within the 457th for all six years of the investigation. This behavior culminated with a female guardswoman being punished for filing a complaint of repeated sexual assaults over a three-year period. Fortunately, relief may be coming for Wisconsin National Guard members.

The Capital Times recently completed its own four-month investigation into sexual assault in the Wisconsin National Guard. Its findings concurred with the Guard’s internal investigation. In April 2019, Governor Tony Evers and Senator Tammy Baldwin confirmed that the National Guard Bureau will conduct its own investigation into Wisconsin Guard units. This investigation should conclude by the end of 2019.

Changes to Wisconsin Legislation

While investigations are ongoing, Senator Ron Johnson introduced legislation to streamline and standardize how federal agencies collect data on sexual assault and harassment. Given the varying definitions of sexual violence, data collection can be a serious impediment to addressing and solving this pervasive problem.

While it may be difficult to pinpoint the precise number of sexual assaults in Wisconsin Guard units, one occurrence is too many. Sexual assault or harassment must be reported and eradicated in any workplace, not just the National Guard. Wisconsinites from all walks of life have a civil right to be safe from such predatory behavior. Until the National Guard Bureau releases its findings later this year, the Wisconsin National Guard will be under close public scrutiny to ensure this issue is addressed.

How Gingras, Thomsen & Wachs, LLP Can Help

Everyone deserves to feel safe at work, home, or in their community. If you or anyone you know have been the victim of sexual assault or harassment, call Gingras, Cates & Wachs immediately to ensure your civil rights are protected.

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How To Sponsor an Employee for a Green Card

Employer Sponsored Green Card

Foreign workers may obtain green cards to come to the United States only if their potential U.S. employer can prove that no American worker is qualified, willing, and available to take the job. The process of proving this to the U.S. government is called “labor certification”. Here are the steps that go into sponsoring a green card for your employees.

Step-by-Step Procedures for Labor Certification

The procedures for obtaining labor certification were radically changed in 2005, in an effort to streamline and shorten the application process.

  1. Employer Requests Prevailing Wage Determination: Under the new procedures, the first step is for the employer to request what’s called a “prevailing wage determination” (PWD) from the U.S. Department of Labor (DOL) using an online system called iCert. The PWD will indicate how much is normally paid to people in jobs equivalent to the one being offered. This information is important because the employer must offer the immigrating worker 100% or more of the prevailing wage. The PWD is valid for no longer than one year, and sometimes for less time.
  2. Employer Advertises and Recruits in the U.S.: Next, the employer can begin making the required good faith effort to find a U.S. worker for the job, by advertising and recruiting in the United States. The Department of Labor (DOL) regulations spell out strict rules for recruiting. For starters, the employer must post a job notice at the worksite and announce the job in a statewide computer databank and in newspapers or other journals of general circulation, with ads appearing on two different Sundays. If the application is for a professional, the employer must conduct three additional steps chosen from a list published in the DOL regulations.
  3. Employer Files PERM Labor Certification Application Form: If, after the recruiting is done, the employer has not found a qualified, willing, available, and able American to take the job, they can submit what’s called a PERM labor certification application to the DOL. The application involves completing a multi-page form (ETA-9089). No supporting documents need be submitted, though they must be available in case DOL requests them. The DOL is supposed to make a decision on the labor certification within 45 to 60 days but often fails to meet this deadline. Decisions may take up to a year.

Next Steps Toward a Green Card

Only after the labor certification is approved can the employer and immigrant proceed forward. First, the employer must file a visa petition on USCIS Form I-140. After the visa petition has been approved, the immigrant must apply for a green card, either through a procedure called adjustment of status (if the immigrant is legally in the U.S.) or consular processing (if the immigrant is overseas).

Exceptions to Labor Certification Requirement

For workers in the following categories, no labor certification needs to be filed before the worker applies for a green card. These exceptions include:

  • Workers in what is called the “employment first preference” category, including persons of extraordinary ability in the arts, sciences, education, business, or athletics; outstanding professors and researchers; and managers and executives of multinational companies.
  • Millionaire entrepreneur immigrants (“employment fifth preference”).
  • Religious workers coming as “special immigrants” (“employment fourth preference”).
  • People whose occupations are listed on “Schedule A,” meaning that the U.S. government recognizes there is a shortage of such workers.

Gingras, Thomsen & Wachs, LLP Can Help with Employment Cases

If you’re interested in getting an employee a green card, or if you’re in need of additional information contact one of our GCW offices to learn more.

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Unpaid Overtime – What Are My Rights?

Unpaid Overtime

Americans work longer hours than most people in the world. In fact, the United States is one of the few nations on this planet that doesn’t set a maximum limit on the number of hours a person can work. Thus, the majority of working adults — 85.8 percent of men, and 66.5 percent of women — are clocking in more than 40 hours of work per week.

Fortunately, the state of Wisconsin has laws designed to compensate workers for overtime. Here’s what you need to know.

What Is the State Overtime Law?

The Wisconsin state overtime law is simple: Unless you work in an exempted position, you must receive one-and-a-half times your “regular rate of pay” for any and all hours over 40 that you work in a given work week.  There is also a federal law that is very similar.

There are a number of exempted positions. These include, but are not limited to:

  • agricultural employees.
  • domestic workers in a private residence.
  • some administrative, executive, and professional employees.
  • people working in sales or on commission.
  • cab drivers.
  • truck drivers and other motor carriers covered by federal transportation regulations.
  • people working in car dealerships.
  • movie theater employees.
  • workers in nonprofit organizations.

The law defines the work week as a period of seven days, or 168 consecutive hours. If you normally receive a check every two weeks, employers must still calculate overtime based on the hours worked in a given week rather than averaging the hours out over both weeks.

“Regular rate of pay” refers to an hourly rate. If you receive a salary and are eligible for overtime, your employer still needs to calculate overtime based on what your hourly rate would be.

It’s important to realize that employers are free to set the work schedule however they see fit. They are legally allowed to make overtime mandatory, and they also have the right to change an employee’s schedule to prevent an employee from working overtime hours.

What Recourse Do You Have if Your Employer Doesn’t Pay Overtime?

If you are not working an exempt position, your first step is to submit an official complaint seeking back wages to your local Departments of Labor Office. If they cannot resolve the dispute, you can then file a civil suit requesting the back wages and additional damages from the employer.  These filings are best done with the help of a lawyer.

Not only does the law ensure you get paid the overtime premium for hours you work in a week in excess of 40, but the law also protects you from retaliation if you complain about not getting paid what you deserve.

Contact GCW’s Employment Attorneys

At the law offices of Gingras, Cates & Wachs, we understand that you have bills to pay and savings to maintain. That’s why, when an employer tries to avoid paying you your fair share, we will fight aggressively on your behalf. Contact our employment lawyers for a free consultation today to see if we can help you recover wages that are rightfully yours.

 

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Social Media Harassment in the Workplace

Social Media

Harassment of any kind does not belong anywhere, especially in the workplace. As use of social networking sites grows, it is unfortunate, but not surprising, that incidents of social media harassment in the workplace are also on the rise.

Every Wisconsin employer should have anti-harassment policies, prohibiting workers from engaging in harassing behavior online through social media. Such policies should also address how the employer will handle violations. Unfortunately, even with the best policies and intentions, harassment can still occur. If you were the victim of social media harassment in the workplace, working with a skilled Wisconsin employment law attorney can help protect your rights. It can also send a powerful message, holding wrongdoers accountable for their actions.

Examples of Workplace Social Media Harassment

Social media harassment can take a variety of forms. Some examples include the following:

  • An employee “friends” a co-worker, supervisor, or subordinate on a social networking site such as Facebook, Twitter, LinkedIn, Instagram, Snap Chat, or others, and then posts offensive or harassing messages through the site.
  • Using the private message feature in social networking sites, one employee sends videos, photos, or text messages the recipient feels are offensive.
  • A worker “cyber stalks” another employee’s online presence, obsessively following everything the employee does or posts online.
  • A group of employees create an online website or blog that makes harassing and disparaging comments about another employee.

When such messages or posts are sent from one employee to another, it generally doesn’t matter whether they were sent during business hours or not – especially if the employer was aware or should have been aware of the activity. In many cases, it also doesn’t matter whether or not the employees used company-provided computers, tablets, or laptops to send or access such messages.

Understand Your Rights as the Victim of Harassing Social Media Posts or Messages

When a supervisor or co-worker’s comments, posts, or actions on social media rise to the level of harassing behavior that threatens other employees or somehow makes them feel unsafe, not only should you tell someone about it at work, you should also call the police.  Harassment, including harassment on line, is unlawful it if is directed at you because of your membership in a protected class.  Some examples include racial or sexual harassment, or harassment on the basis of age, disability or religion.

If you were the victim of social media harassment, the employee who harassed you should be responsible for his or her own activity, of course. In addition, your employer may have some liability for your co-worker’s, supervisor’s, or supervisee’s activities. Simply having social media policies and anti-harassment policies in place does not automatically absolve an employer of its responsibility.

You should always feel safe and comfortable reporting any type of harassment to your employer – including social media harassment. Legally, your employer is prohibited from retaliating against you for making such a report in good faith.

Contact Gingras, Thomsen & Wachs, LLP

If you were harassed by another employee’s social media activity but your employer did not address the matter or committed illegal retaliation against you after you filed a complaint, an employment law attorney from Gingras, Cates & Wachs may be able to help. To learn more about your rights and how we can help you protect those rights, contact us today in Madison, Milwaukee, Waukesha or Eau Claire.

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5 Signs of Age Discrimination in the Workplace

Age Discrimination

Age discrimination in the workplace can take many forms. Unfortunately, age discrimination is a pervasive problem, one that can sometimes be difficult to prove. Wisconsin workers who are 40 years of age or older are protected by Federal laws including the Age Discrimination in Employment Act (ADEA) and the Older Worker Benefit Protection Act (OWBPA), as well as state-specific laws under the Wisconsin Fair Employment Act.

If you believe you were the victim of age-related discrimination for a current, former, or prospective employer, a skilled Wisconsin employment law attorney may be able to help fight for justice.

Discrimination Can Be Overt or Subtle; Neither is Legal.

Employment discrimination based on age can include any number of situations, including decisions about hiring, promotion, job assignments, pay, benefits, training, firing, layoffs, and more. Here are five common ways age discrimination comes up in Wisconsin workplace settings:

  1. Comments or Statements About Your Age. Sometimes, managers or supervisors come right out and make disparaging statements about a workers’ or applicants’ age. Whether those statements come during performance reviews, in written communications, in one-on-one or team meetings, or are in the form of jokes, barbs, or offhand remarks, they can be evidence of age discrimination.
  2. Poor Treatment Compared to the Way Younger Workers are Treated. Older workers are sometimes given less-desirable work assignments while younger workers get the better jobs and tasks, even though the older workers are just as qualified to do the work, if not more so.
  3. Offered Early Retirement While Younger Workers are Hired. Companies in any industry can have legitimate needs to downsize their workforce. However, if you were laid off or were offered early retirement in the guise of downsizing but the company was actively hiring younger workers, there may be age discrimination in play.
  4. Skipped Over in Promotion Decisions in Favor of Younger Workers. When managers make decisions about promoting employees, giving arbitrary bonuses, or granting pay raises, those decisions should be based on the workers’ actual ability to do their jobs. Too often, those decisions are made based instead on age. If you were passed over for a promotion you believe you deserved in favor of a younger worker, you may have been the victim of age discrimination.
  5. Negative Performance Reviews Without Cause. Age discrimination can also manifest in your performance reviews. If your employee reviews become overly critical or you simply start receiving negative performance reviews when nothing else has changed, your employer may be discriminating based on your age.

Gingras, Thomsen & Wachs, LLP Helps Wisconsin Victims of Workplace Age Discrimination

If you believe you are currently experiencing age discrimination or have been the victim of age-related discrimination at a Wisconsin workplace, you need a knowledgeable, experienced employment law attorney on your side. The skilled age discrimination attorneys at Gingras, Thomsen & Wachs, LLP work with people across the state, fighting to protect workers’ rights and hold employers accountable.

To learn more and to schedule a free consultation with a GCW employment lawyer, contact us today in Madison, Milwaukee, Waukesha or Eau Claire.

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Should I Hire a Workers’ Comp Attorney? What Should I Ask?

workers' comp

Depending on the severity, an on-the-job injury can range from a nuisance that requires you to make some simple modifications to your work station to a major life-altering event that results in missed work, huge hospital bills, and years of recovery and rehabilitation.

Being denied worker’s compensation adds stress, confusion, and frustration at a time when you are least equipped to deal with it. Because of the complex nature of claims and retrieval, it’s best to consult a worker’s comp attorney if you are in doubt.

How Do I Know that I’m Covered?

Wisconsin law mandates that employers carry worker’s compensation insurance under most conditions. In fact, the only workers who aren’t covered are domestic help, some farm workers, volunteers, and members of religious sects. Federal and interstate employees are also exceptions under Wisconsin law, only because they are typically covered by the federal workers’ compensation statutes.

Coverage begins as soon as you start work or on-the-job training. It is “no-fault” insurance, meaning that you can collect damages even if you contributed to the injury in some way. However, under the Wisconsin Workers’ Compensation Act, you are not allowed to collect for certain things, like pain and suffering.

When Do I File a Claim?

You don’t file the claim yourself. Within 30 days of your injury, you need to inform your employers. They are legally required to file the claim on your behalf. You should let your employer know when and where you injured, how it happened, what your symptoms are, and if there were any witnesses. You also need to let a doctor examine the injury.

Don’t wait too late: After two years, you will lose your right to benefits.

What Questions Should I Ask My Workers’ Comp Attorney?

Each worker’s compensation case is different.

  • If you face permanent disability, you may want to ask if you are eligible to receive a cash payout or, in the case of prolonged loss of work, what is called a “loss of earning capacity” settlement.
  • In the case you experienced mental health issues as the result of a work-related incident, you might ask your attorney if there is a risk that your medical privacy has been violated as a result of your case going forward and what recourse you have.
  • If you are still able to work but given temporary accommodations, you may want to know if your employer can force you to do a job that you weren’t hired for or whether it is wise to quit your job if the employer isn’t following the accommodations.

Have You Suffered an On-the-Job Injury?

Wisconsin workers’ compensation attorneys at the law offices of GCW have years of combined experience in successfully resolving workers’ compensation disputes and getting meaningful settlements for their clients. Contact us for a free consultation today.

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EAU CLAIRE
101 Putnam St
P.O. Box 390

Eau Claire, WI 54703

715.598.3737

MADISON
8150 Excelsior
Drive

Madison, WI 53717

608.807.0039

MILWAUKEE
219 N Milwaukee St
Suite 520

Milwaukee, WI 53202

414.928.7756

WAUKESHA
Please call to
schedule an appointment.

Waukesha, WI 53186

414.310.3187

Nationally Recognized Law Firm

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Gingras, Thomsen & Wachs, LLP | Attorneys at Law | Lawyers in Wisconsin | GTW is ALL IN TO WIN®

Gingras, Thomsen & Wachs, LLP | Attorneys at Law | Lawyers in Wisconsin | GTW is ALL IN TO WIN ®
Located in Wisconsin, the law firm of Gingras, Thomsen & Wachs, LLP represents clients throughout Wisconsin, including, but not limited to the cities of Madison, Milwaukee, Eau Claire and Waukesha.

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