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Employer Violates NLRA by Attempting to Defeat Union Election by Promise of Improved Benefits

Posted on March 24, 2005 by

In NLRB and Graphic Communication Union v. Curwood, Inc., the employer, Curwood, was alleged to have violated the NLRA when it attempted to counter a union campaign by promising improvements in its pension benefits to employees in the voting unit. As a result of the promised increased benefits, the Union lost their election. It then […]

Employer Must Give 60 Days Notice Where Layoff is Reasonably Foreseeable

Posted on March 24, 2005 by

The WARN Act requires that an employer give 60 days notice to employees before laying them off. An exception to this rule is where the business faces “unforeseen business circumstances.” A business circumstance may be reasonably unforeseeable if it was caused by some sudden, drastic, and unexpected action, or by conditions outside of the employer’s […]

Court of Appeals Provides Guidance on Protecting Company Trade Secret/Confidential Information

Posted on March 21, 2005 by

In Burbank Grease Services, LLC v. Larry Sokolowski, the Defendant, Larry Sokolowski, was a former sales executive of Plaintiff Burbank Grease Services, LLC. Burbank is in the business of collecting and processing used restaurant fry grease, trap grease, and industrial grease. Sokolowski quit his job and kept various pieces of customer information, including customer lists, […]

Poorly Drafted Nonsolicitation Agreement Ruled Unenforceable

Posted on March 21, 2005 by

A recent Wisconsin Court of Appeals decision involved the interpretation of a nonsolicitation clause contained in an employment agreement between an employer and four former employees. In The Hayes Benefit Group of Wisconsin, LLC v. Palmer and Cay of Wisconsin, the District Court held that the nonsolicitation language contained in the agreement was overly broad […]

Arbitrators May Have Ability to Award Punitive Damages Unless Limited by Arbitration Agreement

Posted on March 21, 2005 by

In Winkelman v. Kraft Foods, Inc., John Winkelman sued to terminate a contract he signed with the Defendant Kraft Foods, Inc. As a condition of entering the contract, a representative from Kraft indicated to Winkelman if milk prices fluctuated, Winkelman would be able terminate the contract by giving Kraft a one-month notice. The contract between […]

Employers Do Not Have Duty to Predict Future Economic Conditions of Company

Posted on March 21, 2005 by

When is an employer guilty of misrepresentation when recruiting employees? In Bellon v. Ripon College, Christina Bellon sued her former employer, Ripon College, for misrepresentation to induce employment. At the District Court level, Ripon College prevailed. The Court of Appeals ruled in favor of Ripon College, and held that an employer is not required to […]

Sundance Rehabilitation Corporation v. EEOC

Posted on August 26, 2004 by

The above decision was issued by the United States District Court, Northern District of Ohio, Eastern Division on July 26, 2004. The decision pertains to the enforceability of a general release of all claims that includes a provision that states that the individual will not file a claim with an administrative agency, such as the […]

State of Wisconsin Will Not Follow New Federal “White Collar” Rules Issued by the Department of Labor

Posted on August 10, 2004 by

In late April of 2004, the U.S. Department of Labor (DOL) issued final revisions to its new regulations pertaining to the “white collar” overtime pay exemptions under the Fair Labor Standard Act (FLSA). The white collar exemptions apply to executive, administrative, professional, computer and outside sales employees. The new regulations redefine the criteria used to […]

Important WFEA Development – Wisconsin Supreme Court Decides Hutchinson Technology Case

Posted on July 13, 2004 by

On June 30, 2004, the Wisconsin Supreme Court upheld a decision issued by the Labor and Industry Review Commission, holding an employer violated the Wisconsin Fair Employment Act (WFEA) by failing to reasonably accommodate a disabled employee or showing that doing so would impose a hardship on the employer. Hutchinson Technology, Inc. v. Labor and […]

Non-Compete Agreements Must Be Limited To Be Enforceable

Posted on January 9, 2001 by

A noncompete provision prohibits an individual from competing against the individual’s employer or former employer during his or her employment and after the employment relationship has ended. Wisconsin has adopted a law which addresses the legality of noncompete provisions. Section 103.465 of the Wisconsin Statutes states that a provision prohibiting an individual from competing with […]