Employment Litigation

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.

Evers Issues New COVID-19 Order for Wisconsin

Posted on November 11, 2020 by

Last night, after his primetime address, Governor Evers issued Executive Order #94 which advises residents to stay home and take precautions if they have to leave their home.  It also encourages businesses to take additional steps to protect workers, customers, and the surrounding community. While the document is entitled as an “Order” there is no […]

What Kinds of Citations has OSHA Been Issuing During the Pandemic?

Posted on November 10, 2020 by

OSHA’s enforcement activity has been accelerating as the number of COVID-19 cases has increased.  Now OSHA has issued a guidance designed to give employers an understanding of the most commonly cited violations arising from OSHA COVID-19-related inspections.  They are: Not providing a medical evaluation before a worker is fit-tested for or uses a respirator. Not […]

2021 Qualified Plan Cost of Living Increases, 2021 Social Security Taxable Wage Base

Posted on October 26, 2020 by

On October 26, 2020 the Internal Revenue Service announced the cost-of-living adjustments for the various qualified retirement plan limits. Some of the limits shown below have increased from last year while others remained unchanged.   Qualified Plan Limit Cost-of-Living Adjustments 401(k) and 403(b) elective deferral limit 2020 – $19,500 2021 – $19,500 $200,000 compensation limit […]

Too Close for Comfort – CDC and DHS Clarify “Close Contact” for Quarantine Purposes

Posted on October 22, 2020 by and

The Centers for Disease Control and Prevention (CDC) and the Wisconsin Department of Health Services (DHS) have updated the definition of “close contact” for quarantine purposes. Previous guidance provided that close contact meant spending a solid 15-minute period of time within six feet from someone infected with COVID-19. On Wednesday, October 21, 2020 the CDC […]

Wisconsin Employers Must Notify Workers of Unemployment Insurance Upon Separation

Posted on October 8, 2020 by and

The Wisconsin Department of Workforce Development adopted an emergency rule to create DWD 120.02 which was approved by Governor Evers on September 23, 2020. As of November 2, 2020, Wisconsin employers will be required to notify workers of the availability of unemployment insurance upon separation of employment. The notification can be accomplished through one of […]

The Latest From OSHA on When Employers Need to Report COVID-19 Cases

Posted on October 7, 2020 by

With ever-increasing cases of COVID-19 affecting Wisconsin and U.S. workplaces, many employers have been left confused as to whether, when, and how they are supposed to report those cases to OSHA.  OSHA itself has issued differing guidance since the pandemic began.  It has now, however, come out with some new clarification on those questions. As […]

Wisconsin’s Department of Health Services Limits Public Gatherings effective October 8th at 8:00 a.m.

Posted on October 6, 2020 by

Today Wisconsin’s Department of Health Services issued Emergency Order No. 3 limiting public gatherings.  As written, the Order is effective until November 6.  The order limits “public gatherings” to no more than 25% of the total occupancy limits for a room or building established by the local municipality. “Public gathering” means an “indoor event, convening […]

DOL Issues Proposed Rule on IC vs EE!

Posted on September 29, 2020 by and

Employers need to keep abreast of the ever-changing agency rules regarding whether a worker is an “independent contractor” or an “employee.” You might ask, “why does this matter to the government?” The answer is easy: many government agencies—both state and federal—are designed solely to protect employees.  The U.S. Department of Labor (DOL), the Occupational Safety […]

Governor Evers Issues New COVID-19 Emergency Order Extending Statewide Mask Mandate

Posted on September 22, 2020 by

Today, Gov. Evers issued Executive Order #90 declaring a new public health emergency in Wisconsin due to recent surges in COVID-19 cases. He also issued a new face coverings order, Emergency Order #1. While these orders are new, they have no material changes from the mask mandate orders Gov. Evers’ issued on July 30 (check […]

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 […]

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