Labor & Employment
If you are a business owner or employee, you are undoubtedly well aware that there are many different state and federal laws governing everything from wage and hour requirements, to employee benefits, to workplace discrimination and harassment. Whether you are an employer or an employee, it is important to consult with a qualified attorney if there is any legal uncertainty associated with your place of business or a dispute arises in the workplace.
As with any other business contract, contracts for employment may have significant legal consequences for employers and employees alike. For employees, the contractual terms will dictate what recourse you have if a dispute arises, restrict the type of work you can pursue and where you can pursue it upon employment termination, as well as dictate prohibited activities during the course of your employment. For employers, an employment contract can be a valuable safeguard against fluidity in the employment marketplace and can protect your business ventures from the risks associated with business competition.
Worker's compensation is a statutory mechanism for compensating individuals who have been injured in the workplace. Medical expenses, permanent partial disability, and temporary total disability payments are among the categories that an employer's insurance company typically must pay. If an employer fails to have worker's compensation insurance, the employer can be forced to pay for an injured employee out of its own treasury. In instances where the employer and/or its insurer cannot come to an agreement regarding the severity of the employee's injuries, the matter is tried as a contested case to a Wisconsin administrative law judge. Sometimes, working individuals are injured while on the job through a negligent third party, in which case the worker has a cause of action against the third party. Any recovery must be shared with the payor of any worker's compensation benefits already received.