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4 Common Types of Employment Disputes
Whether you are an employer or employee, you have rights under state and federal law, and you may also have rights which were contractually established in your specific situation. Here are four types of disputes that often arise in the area of employment law:
1. Wrongful Termination Allegations
Wrongful termination cases can be some of the most difficult and emotionally-charged employment law disputes. These cases often put an employee’s work on trial. It should be noted that Wisconsin is an at-will employment state, meaning that an employer may terminate any employee for any reason so long as there is no contract in place and so long as the employer does not violate certain discrimination and retaliation laws.
2. Wage Disputes
This type of lawsuit arises when an employer is accused of not properly compensating a worker for their time on the job. This can include not paying workers for overtime or earned tips or not allowing regular paid breaks. Employers must also pay workers minimum wages. The current Wisconsin and federal minimum wage is $7.25 per hour.
Wage disputes can also encompass worker misclassification, which occurs when an employer wrongly declares that a worker is an independent contractor instead of an employee. This can affect a worker’s pay, protections, and benefits, and it can cause tax issues for both parties.
3. Discrimination and Harassment Claims
There are federal and state laws that protect workers and job applicants from:
- Discrimination, harassment, or unfair treatment by managers, co-workers, or others because of a person’s race, religion, national origin, sex (including sexual orientation or gender identity), pregnancy, age, or disability
- Denial of reasonable accommodations in the workplace for an employee’s disability or religious beliefs
- Retaliation because an employee made a complaint about job discrimination or helped with a job discrimination probe or lawsuit
For employees to receive protection, most employers must meet certain size requirements. Also, discrimination complaints must carefully follow the procedures set forth in the law, and they usually begin with the filing of a claim with the Equal Employment Opportunity Commission (EEOC).
4. Severance Agreements
Employers may offer employees who leave their company certain types of compensation in return for signing a contract that includes non-disclosure or non-compete agreements. These types of severance agreements are often the subject of litigation. If you are a business offering such an agreement, or if you are an employee who has received one, speaking to an attorney will help you understand your rights established in the contract and address any issues that could arise.
Contact a Milwaukee, WI Employment Dispute Lawyer
Employment law encompasses many types of claims brought between employers and employees. Our knowledgeable Milwaukee employment law attorneys handle each case with your best interests in mind. Because of our experience and drive to aggressively represent our clients, you can trust us to take care of difficult and sensitive matters. Call our firm today at 414-271-1440.
Sources:
https://www.mightyrecruiter.com/recruiter-guide/at-will-employment-wrongful-termination-laws-wisconsin/
https://www.usa.gov/labor-laws
