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. A full-service law firm, over 45 attorneys provide clients with a one-stop approach to their legal needs. Ruder Ware, Business Attorneys for Business Success.

Evaluate the Risks When Using Non-Competes

Posted on September 27, 2023 by

In today’s interconnected world, how to protect vital business assets such as key employees and confidential information is top of mind for businesses. Tools such as non-solicitation, non-compete and non-disclosure agreements are utilized as a method of protection for businesses. However, the changing legal landscape related to non-compete provisions has made it essential to be […]

Changes to I-9 Forms – Make Sure You Are In Compliance!

Posted on August 7, 2023 by

The New Form: On July 21, 2023 the U.S. Citizenship and Immigration Services (USCIS) announced a new Form I-9. The new Form I-9 became available for employers to use on August 1, 2023. The old Form I-9 can continue to be used through October 31, 2023, but all employers must be using the new Form […]

Breaking News—New Standard for Religious Accommodation Claims!

Posted on June 29, 2023 by

It just became very easy for an employee to sue their employer for failure to accommodate religious beliefs.  Today, in its Groff v. DeJoy opinion,  the United States Supreme Court unanimously held that an employer must make such an accommodation unless it would result in substantial increased costs in relation to the conduct of its […]

Spring Brings Showers, Flowers, and Breaking Non-compete News!

Posted on June 5, 2023 by

Last week, the National Labor Relations Board (NLRB)’s General Counsel publicly announced her position that most non-compete agreements violate the National Labor Relations Act (NLRA) by chilling employees’ ability to exercise their rights to engage in protected activity.  Remember, the NLRA applies to all private sector employees that are in non-supervisory positions. This means those […]

2024 HSA Limits Are Announced

Posted on May 17, 2023 by

On May 16, 2023, the IRS announced the Health Savings Account limits for 2024.  With respect to contribution limits, the limits are higher than the ones for 2023 and the required deductible and out-of-pocket maximums have increased as well.  As a reminder, these inflation adjusted amounts are effective for calendar year 2024 HSA/HDHP Requirement Cost-of-Living […]

The Supremes Confirm Weekly Fixed Salary is Critical for FLSA Exempt Status!

Posted on February 28, 2023 by

Last week in Helix Energy Solutions Group, Inc. v. Hewitt, the Supreme Court affirmed employees must be paid a fixed salary of $684.00 per week to be considered “exempt” under the popular administrative, executive, and professional exemptions. The case involved Michael Hewitt, an oil rig worker who was paid a daily rate. His paycheck, issued […]

OFCCP Issues New March 3 Deadline for Federal Contractors to Object to Disclosure of EEO-1 Data!

Posted on February 14, 2023 by

If you are a federal contractor, keep reading. Last summer, the Office of Federal Contractor Compliance Programs (OFCCP) issued a notice to all federal contractors that the Center for Investigative Reporting had requested EEO-1 reports for 2016-2020 pursuant to the Freedom of Information Act (FOIA). While the motive is uncertain, it is likely that this […]

FTC’s Non-Compete Proposal: FAQ

Posted on January 11, 2023 by , and

Dear Ruder, we are getting lots of long emails from various sources about this proposed noncompete ban.  Can you please break this down in easy-to-read language so we don’t have to review the entire 216 pages of the FTC’s proposed rule? Dear Reader, Yes we can! See our answers to some frequently asked questions below! […]

FTC Announces Vote to Publish Proposed Rules that Would Ban All Noncompete Provisions Restricting Workers

Posted on January 6, 2023 by and

The Federal Trade Commission (FTC) started the new year off with a bang when it announced in a press release on January 5, 2023 that it is proposing a new rule that would ban many employee non-compete clauses. The press release follows a 3-1 vote by the FTC to publish a notice of proposed rulemaking […]

New Non-Disclosure and Non-Disparagement Restrictions – “Me Too” Movement’s Continued Impact on the Workplace!

Posted on January 5, 2023 by

The Speak Out Act (“Act”) became law on December 7, 2022.  The Act prohibits the enforcement of non-disclosure or non-disparagement provisions which are agreed to prior to an allegation of sexual assault or sexual harassment (“sexual misconduct”).  The Act applies to disputes regarding alleged sexual misconduct that occur after December 7, 2022.  A full version […]

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