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Recent Blog Posts
What Are the Most Common Types of Injuries in a Rear-End Accident?
By: Attorney Jaclyn Kallie
There are multiple types of car accidents that can result in serious injuries to drivers, passengers, or others who may have been involved. Rear-end accidents are sometimes considered to be relatively minor, since they often occur at low speeds, and they may not cause major damage to the vehicles involved. However, these collisions can still inflict injuries on drivers or passengers in a vehicle that is struck from behind. By understanding the types of injuries that can occur, victims can ensure that they receive the proper medical treatment, and they can pursue compensation to address the damages they have suffered.
Injuries That Affect Drivers and Passengers in a Rear-End Collision
When one vehicle strikes another vehicle from the rear, the moving vehicle’s momentum will be transferred to the occupants of the vehicle that is struck. This will subject the bodies of a driver and passengers to a great deal of force, and it may lead to injuries such as:
How to Calculate Child Support in Unique Situations
By: Attorney Megan Drury
Parents have a legal obligation to make sure their children’s ongoing needs are being met. When parents are married or cohabitating, they will use the income they earn to provide for their family. However, when parents are divorced or separated, child support is usually required to ensure that both parents are contributing to their children’s needs. In many Wisconsin family law cases, calculations of child support obligations are straightforward, and one parent will pay a certain percentage of their income to the other parent. However, there are some unique situations that may require additional calculations. In a recent blog, we looked at child support in cases involving shared placement of children. Some other situations that can make child support calculations more complicated include:
Can the Contents of a Will Be Sealed in Wisconsin?
Recently, the BBC reported that the last will and testament of Prince Philip, the late husband of England’s Queen Elizabeth II, would be sealed for 90 years following his death in April of 2021. While the laws surrounding wills are different in the United States, and they can vary from state to state, some Americans may have wondered if they can take advantage of similar options to ensure that their private affairs will not be made public following their death. By understanding how probate matters are handled in Wisconsin, the state’s residents can determine the best steps they can take to make sure their wishes will be followed correctly while maintaining privacy whenever possible.
Wills and Probate Court
Following a person’s death, the executor of their estate will file their last will and testament in probate court. During the probate process, the executor will take an inventory of the estate, pay any applicable debts or taxes on behalf of the decedent, and distribute the person’s assets to their heirs while following the instructions the decedent provided in their will. Matters handled in probate court are part of the public record, which means that the contents of a last will and testament will be publicly accessible. Court records related to probate litigation will also be available to the public.
When Can an Employee Pursue Compensation for Wage Loss?
By: Attorney Jaclyn Kallie
There are a variety of employment law disputes that may arise between employers and employees. Wage and hour disputes can occur if one or more employees believe that an employer has committed wage theft by failing to properly compensate them for the work they performed. Employers and employees in Wisconsin will need to understand how the state’s laws address these issues and the options available for resolving these disputes.
Common Wage and Hour Claims
Wage loss claims may address multiple types of issues, including:
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Failure to pay minimum wage – Federal and Wisconsin minimum wage laws require employers to pay their employees a minimum wage of $7.25 per hour. Regardless of how you are compensated, including salary, hourly, tips, commissions, or any other pay structure, your average hourly pay must be at or above $7.25 per hour. For example, for tipped employees, the minimum wage is $2.33. If the tips an employee receives, when combined with their wages, do not add up to $7.25 per hour, the employer must make up the difference to ensure that the employee is receiving at least the minimum wage provided to non-tipped employees. A limited exception to this is workers under the age of 20 who may be paid an “opportunity wage” of $5.90 per hour for the first 90 calendar days they are employed. After this period, or after they reach the age of 20, their wages must be increased to $7.25 per hour. An employee may have a wage claim if an employer failed to pay them the minimum amount required.
What Do I Need to Disclose When Applying To Renew My Medical License?
By: Attorney Kristen Nelson
Doctors and other medical professionals are required to maintain a valid medical license. These licenses must be renewed every two years, and the deadline for renewing a physician’s license is October 31 of odd-numbered years. Doctors who are planning to renew their license will need to understand the information they will need to provide in their renewal application. Those who are concerned about the denial of a renewal based on the information they disclose can work with a professional license defense attorney to determine their options for ensuring that they will be able to maintain a valid license and continue practicing medicine.
Information Required in a Medical License Application
In addition to the application form itself, a person will need to provide the following documentation when renewing their medical license:
How Do Wisconsin’s Laws Address Marijuana Possession?
In recent years, multiple states have relaxed many of the laws related to marijuana. While marijuana has long been considered an illegal drug, it is becoming more and more acceptable as both a recreational substance and a treatment for certain health conditions. Following the legalization of marijuana in nearby states such as Illinois and Michigan, many Wisconsin residents are curious about the drug’s status in their home state. Residents may be unsure about whether they may face drug charges for possessing cannabis.
Marijuana Possession in Wisconsin
While bills that would legalize marijuana have been introduced by Wisconsin legislators multiple times over the past several years, these laws have not passed. This seems unlikely to change, despite the fact that many Wisconsinites support legalization. Currently, marijuana is still considered an illegal controlled substance, and possession of the drug can lead to significant consequences.
How Is Child Support Determined When Parents Share Placement?
By: Attorney Max Stephenson
In cases where parents are no longer in a relationship, both parents will be required to support their children financially. While child support is a factor in situations where married parents get divorced, it may also need to be established in other cases, such as when unmarried parents end their relationship. The laws in Wisconsin use a “percentage of income” standard to determine the amount of child support obligations, and the amount paid by the paying parent is calculated by taking a percentage of their gross monthly income based on the number of children being supported. However, this may not address situations where children will spend significant amounts of time in both parents’ homes. In these cases, some additional calculations will need to be performed to determine the parents’ child support obligations.
When Can an Employee Pursue Compensation for Wrongful Termination?
By: The loss of a job can cause a great deal of difficulty for a person and their family. There are a variety of situations where an employee may be laid off, fired, or otherwise terminated, and in some cases, employers may violate the laws when terminating an employee. Those who have been wrongfully terminated may be able to take legal action against their former employer, and they may recover compensation for the financial losses they have experienced. In these cases, employees can work with a skilled employment law attorney to determine their best options for holding an employer responsible for its wrongful actions.
Retaliatory Discharge and Other Forms of Wrongful Termination
The laws in Wisconsin follow the doctrine of at-will employment, and this means that an employer or employee can terminate employment at any time for any reason that does not violate the law or go against public policy. However, there are a number of situations in which an employer is not allowed to terminate an employee, including:
When Are Non-Compete and Non-Solicitation Agreements Enforceable in Wisconsin?
Many employees encounter employment law issues involving a current or former employer, and these issues may affect their ability to find new job opportunities or earn income based on their skills and experience. Employees are often asked to sign non-compete or non-solicitation agreements as part of an employment contract or severance package. Before signing these agreements, employees should be sure to understand the types of restrictions that may be placed on them and whether an agreement will be enforceable if disputes should arise in the future.
Enforceability of Restrictive Covenants in Wisconsin
A non-compete agreement may prohibit an employee from working for a competitor, starting a competing business, or engaging in other competitive activities after leaving a company. A non-solicitation agreement may prohibit a person from attempting to hire other employees of a company, or a former employee may be restricted from contacting a company’s customers and offering to provide them with goods or services that were provided by their former employer. These agreements are known as “restrictive covenants” since they place restrictions on the types of business activities a person can engage in.
What Employees Need to Know When Negotiating Severance Packages
Being laid off or terminated by an employer can cause significant difficulties for an employee. The loss of income may affect a person’s ability to provide for themselves and their family. A terminated employee may also be concerned about the loss of medical insurance or other benefits. Fortunately, some employers offer severance packages to employees who are being terminated. These packages may include severance pay or the extension of benefits while a person is searching for a new job. Before signing a severance agreement, it is a good idea for a person to consult with an employment law attorney who can advise them of their rights and assist in negotiating more favorable terms.
What Can Be Included in a Severance Agreement?
Federal laws and Wisconsin state laws do not require employers to offer severance pay to workers who are being terminated. However, it is often to an employer’s benefit to do so, since a severance agreement may allow them to prevent legal claims by a former employee, as well as potential competitive behavior. Under the federal Age Discrimination in Employment Act (ADEA), employees who are over the age of 40 must be given 21 days to consider a severance agreement, and after signing an agreement, they will have seven days to rescind the agreement. In many cases, a company will provide employees under the age of 40 with similar amounts of time to determine whether to sign an agreement.
