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.

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 […]

EEOC Says Employers CANNOT Require Antibody Testing!

Posted on June 22, 2020 by

On June 17, the EEOC updated its COVID-19 Guidance to clarify that unlike COVID-19 testing, an anti-body test would be a prohibited medical examination.  The FAQ (at A.7) states as follows: Question: The CDC said in its Interim Guidelines that antibody test results “should not be used to make decisions about returning persons to the workplace.” In […]

OSHA Issues New Guidance for Reopening “Non-Essential Businesses”

Posted on June 19, 2020 by

OSHA has just issued a “Guidance on Returning to Work” for what it calls “non-essential businesses”.  According to OSHA’s press release, the Guidance supplements OSHA’s previously issued guidance on preparing workplaces for COVID-19 and the White House “Guidelines for Opening up America Again”. The Guidance recommends a phased approach to reopening workplaces, as well as […]

SBA Issues Updated Paycheck Protection Program Loan Forgiveness Application and Issues New “EZ” Application Form

Posted on June 17, 2020 by , and

On June 16 the SBA issued a revised Paycheck Protection Program (PPP) Loan Forgiveness Application along with updated instructions.  The update in large part reflects the changes made to PPP by the Paycheck Protection Program Flexibility Act of 2020, enacted on June 5.   The new form can be found here, and the new instructions can […]

Supreme Court Rules That Title VII’s Prohibition on Sex Discrimination Extends to LGBT Employees

Posted on June 15, 2020 by and

Today the U.S. Supreme Court decided in a 6-3 decision that Title VII provides protection from discrimination on the basis of sexual orientation and gender identity in the workplace. Justice Neil Gorsuch and Chief Justice John Roberts joined the four liberal Justices for the majority.  Justice Alito, Justice Thomas, and Justice Kavanaugh dissented in lengthy […]

Favorable Changes to PPP Passed by House and Senate

Posted on June 4, 2020 by , and

Both the House and the Senate have now passed HR 7010 providing PPP borrowers more favorable terms.  We  first alerted you on May 27th of possible changes to PPP being considered by both the House and the Senate.  Last night in a second vote (the first vote failed), the Senate passed the House Bill 7010, […]

I Know What You Did Last Weekend… Should Employers Regulate Off-Duty Conduct?

Posted on June 1, 2020 by

Many of you are reopening (if you were closed) or bringing back staff who were either laid off or teleworking.  With this comes MANY questions, such as: CAN we monitor off-duty conduct, and if so, SHOULD we?? If you are a private sector employer, your employees work in Wisconsin, and barring an employment contract or […]

Paycheck Protection Program Could Get Some Welcome Changes

Posted on May 27, 2020 by , and

As some Paycheck Protection Program loan borrowers approach the close of their eight week covered period (the period during which loan proceeds can be used for certain expenses and the corresponding loan amount can be forgiven), Congress is considering making significant changes to the program that would apply to existing loans and new PPP loans.  […]

2021 HSA Limits Are Announced

Posted on May 20, 2020 by

In a bit of a respite from COVID-19, today the IRS announced the Health Savings Account limits for 2021.  With respect to contribution limits, the limits are slightly higher than the ones for 2020.  As a reminder, these inflation adjusted amounts are effective for calendar year 2021. HSA/HDHP Requirement Cost-of-Living Adjustments Limit on HSA Contributions […]

OSHA Will Again Require Employers to Record COVID-19 Illness Cases

Posted on May 20, 2020 by

The Occupational Safety and Health Administration (OSHA) announced yesterday that it will resume enforcing its illness reporting requirements with regard to COVID-19 cases for most employers.  The new guidance may be found here. This is a reversal of the relaxation that OSHA announced six weeks ago that it was putting a hold on most COVID-19 […]

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