Get free answers to your Employment Law legal questions from lawyers in your area.
My mom works for an in-home care facility for mentally disabled people, taking care of up to 9 people and the household, in Wisconsin. She typically works over 300 hours a month, and stays overnight while working as only one person works in the house at any time. She has worked for this place since... View More

answered on Sep 19, 2024
You should look at WI state agency for wage claims. https://dwd.wisconsin.gov/er/laborstandards/wageclaim.htm There is a 2 year statute of limitations for wage claims in WI, so your mom can recover 2 years of OT.
Some of the statutes also carry with them "liquidated damages"... View More

answered on Jun 13, 2024
It is well-settled that anxiety and depression CAN be a disability but is not always necessarily a disability. You may or may not be disabled. But, unless your employer is a medical professional, your employer likely lacks the education, training, experience, and knowledge to make that diagnosis.
I was born in the Democratic Republic of Congo (DRC), but my family moved to Uganda for refugee as a result of the 1997 civil war in the Eastern part of DRC. As such I grew up and attended most of my school in Uganda. In 2017 I got an opportunity to come to the USA for my undergraduate, but over... View More

answered on Feb 21, 2024
As someone who entered the USA on an F-1 visa, you may be eligible to explore options for family-based immigration. Since your family has been resettled in the US through the refugee resettlement process, you may have the opportunity to apply for a family visa to reunite with them. Family-based... View More
I came to the United States (Midwest) in 2017 for my undergraduate studies and graduated with a BS in Civil engineering. I am currently employed as an engineer, with my STEM OPT extension expiring in June 2025. Despite my employer's unsuccessful H1B lottery application last year, they remain... View More

answered on Feb 21, 2024
Given your circumstances, it may be beneficial to explore both the EB-3 visa and family-based visa options to determine the best path forward. The EB-3 visa could be a viable option if you meet the eligibility requirements, including having a job offer from a U.S. employer willing to sponsor you... View More
I am currently on STEM-OPT Visa and my company is working on helping be obtain an EB-3 Visa. There seems to be a couple steps;
1. Submitting and obtaining PERM Certificate.
2. Filing the form I-140 petition
3. Wait for Your Priority Date
4. Adjusting status.... View More

answered on Feb 22, 2024
The processing times for each stage of the EB-3 visa process can vary significantly based on several factors, including the volume of applications being processed and the specifics of your case. Generally, obtaining a PERM Certificate can take about 6 to 10 months, but this timeframe can fluctuate.... View More
I signed a offer letter back in Jan. 2023 that states they are offering me a position as "full-time non-exempt" with a base salary. My employer just sent an email out stating all supervisor are hired salary-exempt/overtime eligible, and I sent a copy of my offer i signed and they are now... View More

answered on Jan 23, 2024
The answer would depend on the employment laws of the State of Wisconsin. It would be important for the employee to look into the laws in Wisconsin to determine if it is an "at-will" employment state. It would further be important to look at the contract to determine if it is for a term,... View More
I signed a offer letter back in Jan. 2023 that states they are offering me a position as "full-time non-exempt" with a base salary. My employer just sent an email out stating all supervisor are hired salary-exempt/overtime eligible, and I sent a copy of my offer i signed and they are now... View More

answered on Jan 23, 2024
In Wisconsin, as in most states, employment is generally "at will," meaning an employer can change the terms of employment, including job duties and compensation. However, if you have a signed offer letter or employment contract specifying the terms of your employment, this can complicate... View More
Also I don't get paid for any extra days worked at all and if I miss a day of work due to being sick I get my pay docked. I do not get sick time just PTO time. Is any of this legal.

answered on Jan 2, 2024
In Wisconsin, whether you are entitled to overtime pay depends on various factors, including your job duties, responsibilities, and salary level. Salaried employees may be exempt from overtime pay if they meet certain criteria under the Fair Labor Standards Act (FLSA), such as being classified as... View More
I am receiving VA funds as a fiduciary for a dependent of a veteran due to unpaid child support. The VA representative informed me that reporting these funds to the child support agency is not required because they belong to my dependent, not me. The VA said they can't discuss VA funds with... View More

answered on Apr 27, 2025
As a VA fiduciary receiving funds for a dependent, your primary obligation is to use these funds for the dependent's benefit, specifically for "room and board" as you mentioned. VA regulations state that fiduciaries must use available funds to ensure the beneficiary's needs are... View More
I have been a volunteer firefighter for the past eight years, currently working at a tech company for seven years as a customer escalation specialist. I verbally informed my employer about my role in the fire department, and made verbal agreements with managers regarding responding to rescue calls,... View More

answered on Apr 16, 2025
Under Wisconsin Statute 103.88, volunteer firefighters do have legal protections related to responding to emergency calls, but the statute does include a clear requirement that notice must be provided to your employer within 30 days of starting employment or within 30 days of becoming a member of... View More
I would like to know the potential charges my daughter might face. She's 18 and was involved in a physical altercation with another girl after being repeatedly bullied. The other girl had previously threatened her with a knife via text. This happened in Dane County, Wisconsin. Despite my... View More

answered on Apr 12, 2025
It sounds like your daughter is in a difficult situation, especially with the history of bullying leading to the altercation. In Wisconsin, the potential charges your daughter could face will depend on how the altercation is viewed by law enforcement. Since there was physical contact that resulted... View More
In Wisconsin, as an advanced practice provider (NP/PA), I am considering whether to choose an employment letter of understanding or an employment contract. I am particularly concerned about job security in an at-will state and have past experience with both types of documents. Additionally, a... View More

answered on Apr 11, 2025
Given your concerns about job security and your past experience with non-compete clauses, an employment *contract* is usually the better option over a letter of understanding. In Wisconsin—an at-will employment state—a letter of understanding often doesn’t provide strong legal protections and... View More
I had a coworker physically accost me at work on February 13, 2025. She shoulder-checked me in the breakroom, causing me to fall into the lockers. Despite reporting this to two managers, the district manager, and HR, no action has been taken beyond having a 'conversation' with her. She... View More

answered on Apr 2, 2025
You have several viable legal avenues to address the workplace assault you experienced. Your immediate priority should be to document all incidents thoroughly, including dates, times, witnesses, and any physical or emotional injuries sustained. Consider filing a police report regarding the assault,... View More
I am currently on an L2S visa, and my I-539 petition for an extension was received by USCIS on March 7, 2025. My spouse’s L1B petition has already been approved, but my I-94 will expire on June 13, 2025. We reside in Wisconsin, and this is our first extension; thus, we are unfamiliar with the... View More

answered on Mar 31, 2025
Your L2S situation presents several important considerations regarding work authorization beyond your I-94 expiration date. While you can legally remain in the United States under "authorized stay" provisions with a pending I-539, work authorization for L2S visa holders typically expires... View More
My I-94 is set to expire on June 13, 2025, and my L2S visa extension request, submitted via I-539, is still under process with USCIS showing a 'Received' status since March 7th, 2025. My spouse's employer, who sponsors our visa, advised that I shouldn't leave the U.S. until the... View More

answered on Mar 31, 2025
Your situation regarding your expiring I-94 and pending I-539 application warrants careful consideration of available legal pathways. Under current USCIS regulations, you may continue residing in the United States while your extension application remains pending, provided it was filed before your... View More
I am an international nurse and I feel like the salary wiuld not be enough for me when Inimmigrate because i have obligations in my country and to become a single mom in a new countey will be a bit more challenging. I was told that wiyh bonuses i may be paid a bit more but I am not confident since... View More

answered on Dec 12, 2024
Your situation sounds challenging, dealing with contract concerns while planning an international move as a single parent. Questions about breach fees and contract termination can be complex, especially across international borders.
Since your contract falls under Florida law, any changes... View More
I'm a salaried, contract employee. My agreement was for four years, with an optional fifth year. That fifth year was at the sole discretion of the company and they would provide "30 days' prior written notice (e-mail sufficing)".
I received notice they would pick up that... View More

answered on Oct 5, 2023
Under the facts you described, you are free to reject their untimely notice and end the contract, or you can waive the timing issue and continue working at the end of the four years in twelve days.
If you want to negotiate a new contract, be sure to carefully and clearly document that your... View More
Their insurance. We used to get the amount divided between our paychecks during our 9 months of employment. They are now dividing that benefit by 12 months, so we get less per paycheck. We are contracted to work 9 months, not 12. They do retroactively pay the amount they withhold during the summer... View More

answered on Sep 14, 2023
If your employment contract specifies a particular payment structure for the insurance buyout benefit during your 9-month employment, your employer should adhere to the terms of the contract. If they unilaterally change the payment structure without your consent, it could potentially be a breach of... View More
i was given a warning and i sign it, the next day i put in my two weeks, can a company fire me for putting in my two weeks ?

answered on Aug 1, 2023
In most states you are considered an "at will" employee, which means that you can quit or be terminated without any advance notice, and without any reason. Retaliation via an employment termination for giving 2 weeks notice of quitting, is not usually, by itself, a recognized form of... View More
Will this hold up in court?

answered on May 19, 2023
It depends on information which is not contained in your question. You can take the contract with the non-compete to an employment lawyer in or near the county where you want to work.
The FTC has proposed a rule that will make non-competes invalid across the United States when it goes into... View More
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