WE RESPOND TO YOUR NEEDS 414-271-1440
Recent Blog Posts
How Is Physical Placement of Children Determined During Divorce?
By When parents get divorced, they will need to determine where their children will primarily live and the amount of time they will spend with each parent. In Wisconsin, this is known as physical placement. Parents may be able to reach an agreement in these matters as part of their divorce settlement, or these and other child custody issues may need to be decided by the court.
Determining Physical Placement
If a child’s parents are unable to reach an agreement regarding their child’s physical placement, a judge will need to make decisions about how these matters should be handled. Wis. Stat. § 767.41 provides a number of different factors that a judge should consider to determine what is in the child’s best interests, including:
How Can My Company Address Claims of Discrimination or Sexual Harassment?
In the United States of America, everyone has the right to work in a professional setting free of sexual harassment, discrimination, and intimidation. In Wisconsin, sexual harassment and discrimination of any kind is prohibited in the workplace. According to the Wisconsin Fair Employment Act and the Civil Rights Act of 1964, victims of sexual harassment and discrimination may be able to recover financial damages if the proper measures were not taken to address these issues. Damages may include loss of income and physical and emotional suffering. When addressing these matters, employers will want to work with an experienced employment law attorney.
Sexual Harassment
Sexual harassment occurs when a person experiences unwelcome sexual advances, demands for sexual favors, or inappropriate verbal or physical conduct. Sexual harassment in the workplace typically falls into one of two categories:
- Quid pro quo sexual harassment. Quid pro quo refers to receiving something in exchange for something else. This type of sexual harassment may involve offering a person promotions or special assignments in exchange for sexual favors or even threatening the loss of a job if sexual demands are not followed.
Staying Professionally Healthy During the Coronavirus
By Over the past week, we have entered unprecedented times. Daily, new Coronavirus cases are confirmed, and the death toll continues to rise. Social distancing has become the norm, and it is now considered the polite thing to do.
It is easy during these unsettling times to want to bend the rules. However, for licensed healthcare professionals, bending the rules during this health crisis could result in long-term consequences professionally. It is important to remember that the regulations governing licensed professionals still apply even during these times.
For instance, it may be tempting for a doctor or nurse to view a neighbor’s medical record to see if they tested positive for COVID-19. Viewing an individual’s medical records without a legitimate business need is not only a violation of HIPPA, but it is also considered unprofessional conduct by the Medical Examining Board, the Nursing Board, and Dental Examining Board, just to name a few. This violation could result in public discipline of your professional license. Knowingly, recklessly, or negligently divulging a privileged communication or other confidential health care information except as required or permitted by state or federal law, whether or not the individual is a patient, can result in further public discipline to a professional license.
Can Civil Litigation Be Used to Resolve Disputes With Subcontractors?
Legal disputes can be stressful and time-consuming. If they are not solved within a reasonable time frame, they can cost a great deal of time and resources for you and/or your business. If you are a contractor who has a dispute with a subcontractor, you should speak to an attorney and understand your options for reaching a resolution. Your lawyer can help you determine whether civil litigation is an option in your case.
Wisconsin’s Right to Cure Law
In 2005, Wisconsin established the Right to Cure Law (also known as the 2005 Wisconsin Act 201), which details the procedures followed when making claims against contractors or subcontractors. Under this law, a claim can be filed for construction defects involving the use of defective materials, violations of building codes, or failure to follow accepted standards for completing work.
A person must provide written notice to a contractor or subcontractor at least 90 days before filing a claim. This notice must describe the defect in sufficient detail and describe the evidence that the claimant possesses. The written notice must also allow the contractor or subcontractor the opportunity to address the defect. They may do so by making repairs at no cost, settling the claim through a monetary payment, or a combination of these two remedies. If the contractor or subcontractor rejects the claim, or if the claimant does not accept their settlement offer, the claim may be filed and resolved through civil litigation.
What Are My Legal Options if a Life Insurance Claim Is Denied?
Most people purchase a life insurance policy in hopes of protecting their family against future financial burdens their death may cause. According to the Insurance Information Institute, the total amount of life insurance benefits and claims in the United States in 2018 was $784 billion dollars. This amount includes death benefits, disability benefits, annuity benefits, and other types of payouts relating to life insurance claims.
Although thousands of life insurance claims are approved each year, many claims are also denied. If you have received notice that your claim has been denied, you should speak to an attorney and take the appropriate steps to ensure that you receive the benefits you deserve.
Determining the Reason for Denial
Following the denial of a life insurance claim, you should be sure to understand the reasons why the insurance company believes the benefits should not be paid. The company must provide a valid reason for the denial. A few reasons a life insurance claim may be denied include:
When Is Theft a Felony Offense in Wisconsin?
By As you can imagine, taking another’s property without permission is a crime in Wisconsin – one that can be prosecuted as a municipal citation or criminal charge. The state’s statutory scheme that controls property crimes is Chapter 943. Within that section of the criminal statutes, you will find a variety of crimes, from credit card fraud to armed robbery to identity theft. You will also find two provisions titled “Theft” (Wis. Stat. §943.20) and “Retail Theft” (Wis. Stat. §943.50). Whether allegations of theft result in misdemeanor or felony charges, they are not something to take lightly, as they can result in serious legal consequences that will impact your future in a variety of ways. When facing these types of charges, it is crucial to obtain representation from an experienced criminal defense attorney.
How Should I Respond to Accusations of Child Abuse?
By Whether they are legitimate or not, accusations of child neglect or abuse occur every day. Being accused of harming a child can ruin lives and tear friends and families apart. It is not unusual for tempers to rise in high-pressure situations like a contentious divorce or a child custody dispute, and sometimes, one parent may accuse the other of abusing or harming their children in hopes of gaining leverage in a custody dispute.
If you have been accused of abusing your child, it is important to contact an attorney immediately. An experienced criminal defense attorney will be able to help guide you through the investigation and potential criminal charges. If the child involved is your own, you should also seek a family law attorney with experience in custody disputes and child abuse investigations to protect your interests as a parent.
When Can a Wisconsin Child Support Order Be Modified?
By When you get a divorce with children under the age of 18, you and your spouse must address a wide variety of issues related to your children, including determining the amount of child support that each of you will be obligated to pay to provide for your children’s needs. Although a child support order will typically remain in effect until the child reaches the age of 18 (or 19 if the child is pursuing an accredited course of education leading to the acquisition of a high school diploma or its equivalent), you may be able to adjust your child support obligations under certain circumstances.
The Child Support Percentage of Income Standard
According to Wisconsin Administrative Code DCF 150.03, child support is determined by calculating a certain percentage of the payor’s income. The court will first determine the parent’s monthly income available for child support, which may be based on their actual annual gross income, imputed income based on earning capacity, or income imputed based on the assets they own. The percentage of this income that will go toward child support will be based on the number of children. For example, an obligor parent with two children will be required to pay 25% of his or her income in child support, whereas an obligor with three children must pay 29%. Parents may also be required to pay for additional child-related “variable” expenses, including health insurance, educational costs, and extracurricular activities.
What Consequences Can I Face if I Am Accused of Domestic Violence?
By According to the Wisconsin Department of Justice, nearly 30,000 domestic violence incidents were reported in 2017, and 21,000 arrests were made. Domestic abuse, as defined under Wis. Stat. § 968.075, involves a person intentionally inflicting pain or injury or committing sexual assault against a family member or causing a person to reasonably fear that these types of offenses would occur. Domestic violence may be committed against a spouse, a former spouse, an adult living in a person’s household, or an adult who a person shares a child with.
Domestic Violence Charges
There are a variety of criminal charges that can be associated with domestic violence, including sexual assault, kidnapping, and homicide. However, battery is the most common charge that a person may face when accused of domestic violence, and it will typically fall into one of the three following categories:
How Can Commercial Litigation Address Non-Compete Clauses?
A non-compete clause or agreement is a written contract between an employee and employer that restricts the employee from interacting with others in a way that would compete or interfere with their current employer. This type of contract serves an essential function in commercial life, lowering the risks of exposing a company’s professional secrets, client information, and other strategic tactics and business moves. Although a company cannot force an employee to sign a non-compete clause, an employer may dismiss or choose not to hire a person who declines to sign. When disputes over non-compete agreements arise, commercial litigation may be necessary.
Non-Compete Clause Requirements and Limitations
Typically, non-compete clauses must state the reason for the agreement, be effective on a certain date and for a limited period of time, and list a specific geographic area where they will apply. Some include a non-solicitation clause that restricts an employee from soliciting other employees of the company and imposes penalties if the non-compete clause is broken. Non-compete clauses cannot impose restrictions that would affect a person’s ability to earn a living, and they cannot disallow an individual from gaining employment. The terms of these contracts must be fair, just, and reasonable.
