Employment Litigation

The risk of litigation is an ever-present factor in today’s employer-employee relationship. Countless lawsuits are filed by disgruntled employees every year.

While we have a proactive Employment & Benefits attorney team, some litigation tends to be unavoidable.  Employers faced with a complicated employee claim need effective, informed counsel to efficiently resolve the issue. Our attorneys bring a wealth of experience to this area with a thorough knowledge of the statutes, regulations, procedures, and current case law and agency decisions.

Working directly with business owners, managers, and human resource professionals, our attorneys represent employers in state and federal courts in Wisconsin and in administrative hearings throughout Wisconsin and the rest of the country. We have particular depth within the manufacturing, construction, banking, health care, insurance, fiduciary and professional services, transportation, real estate, and ag industries.  As a business-focused law firm, our attorneys understand how companies of all sizes operate and our employment litigators are extremely familiar with the complexities of the employer-employee relationship.

Services offered to employers in the area of employment litigation include:

  • Discrimination and sexual harassment claims
  • Wage and hour claims
  • Whistle blower and retaliation claims
  • Employment Contracts
  • Wrongful Termination, contractual claims as well as other workplace claims
  • Covenants Not to Compete
  • Agency proceedings (such as EEOC, state and local human rights agencies)
  • Noncompete and trade secret claims
  • Employment issues in shareholder litigation
  • Workers’ Compensation safety violation and refusal to rehire claims
  • Uninsured Workers’ Compensation claims (safety violation, refusal to rehire, etc.)
  • Employment discrimination and sexual harassment
  • Wage & Hour audits and litigation defense

Should legal disputes extend beyond Wisconsin, Ruder Ware’s affiliation with Meritas®, an international alliance of law firms, means our network of lawyers can provide counsel for clients anywhere in this country or around the world.

Founded in 1920, Ruder Ware provides business, employment, estate planning, and litigation services through its offices in Wausau, Eau Claire, and Green Bay, Wisconsin.  A full-service law firm, over 40 attorneys provide clients with a one-stop approach to their legal needs. Ruder Ware, Business Attorneys for Business Success.

DOL Finally Issues New FFCRA Rule—Effective September 16!

Posted on September 15, 2020 by

Late last week, the Department of Labor issued a revised rule to address a New York federal judge’s order from this past August that struck down several provisions of the FFCRA.  (For a copy of Ruder Ware’s article on that order, click here.) The order left employers confused: Should we follow the original FFCRA or […]

EEOC Answers More COVID Questions!

Posted on September 10, 2020 by

The U.S. Equal Employment Opportunity Commission (EEOC) posted an update to “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” on September 8, 2020. The update modified the Q&As to create a user-friendly comprehensive guide addressing common questions about COVID-19 and federal equal employment opportunity laws for employers. […]

New Guidance Regarding Deferral of Withholding of Employees’ Social Security Taxes

Posted on September 2, 2020 by

On August 8, 2020, President Donald Trump issued an executive order titled “Memorandum on Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster.”  The order directed the Secretary of the Treasury to use its authority to defer the withholding, deposit, and payment of certain payroll tax obligations. On August 28, 2020 the U.S. […]

Judge’s Order Expands the FFCRA—What Should You Do Now?

Posted on August 10, 2020 by

By now, many of you have heard that last week a federal judge expanded several provisions of the Family First Coronavirus Response Act (FFCRA).  We have been postponing our alert on this hoping the Department of Labor would issue some guidance for employers.  So far, there has been no word from the DOL.  If you […]

Wisconsin Unemployment Insurance Charging Process – UPDATE

Posted on August 6, 2020 by

Wisconsin’s COVID-19 response bill (2019 Wisconsin Act 185) was enacted by the Wisconsin legislature in mid-April. It included provisions to charge unemployment claims caused by the COVID-19 public health emergency to the state’s balancing account, rather than to employers’ accounts, in order to relieve employers from increased unemployment taxes in 2021. This Act was tied […]

Wisconsin Face Covering Mandate to Begin August 1st

Posted on July 30, 2020 by

Governor Evers issued Emergency Order #1 on July 30, 2020 implementing a statewide face covering mandate. The face covering requirement will begin on Saturday, August 1, 2020 and will expire September 28, 2020 or by a subsequent superseding emergency order. The Order requires every individual over the age of five in Wisconsin wear a face […]

Reopening safely after COVID-19

Posted on July 28, 2020 by

You are excited to get back to work! However, a few of your employees are not so eager to shed their jammies for pleated pants or steel-toed shoes. Can you force them to return? On the other hand, some employees who are happy to return have asked that you monitor off-duty conduct. You are getting […]

Minnesota Most Recent to Issue Statewide Mask Order

Posted on July 23, 2020 by

Beginning on Friday, July, 24, 2020 at 11:59 p.m., face coverings must be worn in Minnesota by all persons at indoor businesses, indoor public settings, and by workers outside when social distancing practices cannot be followed. Businesses are required to update their COVID-19 Preparedness Plans to include this requirement, inform their workers of this update, […]

Agency Alert! DOL Announces New FMLA Forms and WI DWD Provides Unemployment Credit Instructions

Posted on July 20, 2020 by

Last week, the Department of Labor announced new Family Medical Leave Act forms were available on its website. (Note these forms are not applicable to the “Expanded FMLA” available under the Family First Coronavirus Response Act. Please don’t tell me you have no idea what I am talking about… ) The Department clarified, as with […]

SBA and Treasury Release Revisions to Interim Final Rules on Loan Forgiveness and Loan Review Procedures

Posted on June 24, 2020 by , and

On Tuesday evening (June 22nd), the Small Business Administration (SBA) and Department of the Treasury released revisions to the interim final rule on forgiveness (issued May 22nd) and the interim final rule on loan review procedures (issued May 22nd).  The revisions can be found here and are intended to update the rules in light of […]

More Insights...