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Wisconsin

Small amount at stake in employee suit? Know when it’s best to consider settling

03/22/2012

Sometimes, it’s better to settle than to fight. If a case is pretty clear and the potential liability small, it makes sense to pony up the settlement money. Otherwise, a court may punish bullheadedness with a large award for attorneys’ fees.

Even after Walmart, some class-actions are legit

02/15/2012
Last year, the U.S. Supreme Court dismissed a class-action sex discrimination claim brought by thousands of female Walmart employees. Now the 7th Circuit Court of Appeals has clarified how far the decision goes in class-action wage-and-hour cases.

Make sure you can justify salary differences

02/15/2012

These days, employees are getting braver about discussing their pay. Part of the reason is that the National Labor Relations Board has done a good job publicizing its stance that discussing pay is concerted activity protected by law. Be prepared for the inevitable lawsuits with solid reasons for all pay decisions.

Handle serial complainer with the same professional skill you use with everyone else

02/15/2012
Handle serial complainers as you do one-time complainers. Investigate the claims, fixing legitimate gripes and rejecting all the rest. If the chronic complainer sues, chances are the court will realize that you’ve been dealing with someone who is habitually crabby.

Employee refuses to follow instructions? Courts won’t second-guess disciplinary decisions

02/01/2012
Courts don’t want to second-guess every employment decision. They leave it up to employers to determine, for example, whether one rule violation is more serious than another. As the following case shows, employers are free to terminate employees who won’t listen.

Stay out of court with consistent discipline

02/01/2012
Employers that punish some em­­ployees more leniently than others for breaking the same rule are asking for trouble. That’s especially true when a lesser offense seems to have warranted especially harsh punishment.

Notice date–not workers’ last day–starts lawsuit calendar

01/18/2012
Employees don’t have forever to sue for wrongful termination—and the clock may start ticking even before their last day on the job. That can mean all the difference in court.

Inability to perform a specific job doesn’t mean employee is disabled

01/18/2012

Some employees seem to believe that every medical problem is a disability that requires accommodation. That’s not true. Employees aren’t disabled unless their condition substantially limits a major life function. If the only effect is an inability to perform a specific job—not a class of jobs—the employee isn’t disabled and doesn’t have to be accommodated.

Equal opportunity for women trumps even outrageous reaction to resignation

12/19/2011
A boss’s secret preju­dice won’t support an employee’s sex-bias lawsuit if the employer provides equal opportunities to both men and women. That’s true even if the sexist boss reacts outrageously when the subordinate quits.

Team up for termination meetings; going solo could trigger lawsuit

12/19/2011
When terminating an employee, never meet one-on-one. Instead, make sure at least two company representatives are present at all times. The reason? If you meet alone, you give the employee an opportunity to put words in your mouth—words that may end up as evidence against you in court.