Client Alert
December, 2018
The Holidays Are A'Comin
Contact Attorney Walter Liszka in our Chicago office at (312) 629-9300 or by email at
By: Walter J. Liszka, Esq.
Over the past few years, the author has written a "Holiday Article" to provide some guidance/legal insight into the somewhat complicated "Business Holiday Party". I have received numerous suggestions and/or recommendations (and some good natured kidding), but I am not deterred! It is never too early to begin planning for the Holiday Season of Calendar 2018!

There is no doubt whatsoever that the festive season of November and December calls out every year for a business celebration and it is incumbent upon all Employers to be well prepared both for the party and the potential problems that it can create. Do not forget that we are a highly litigious society and individuals are always looking to "stick it to somebody" to enhance their financial standing. It is not too far-fetched to believe that Employers may be liable for injuries caused to innocent third parties under the doctrine of Respondeat Superior and, therefore, any Employer-related activity must be planned and controlled. The author would be naïve and "out of the loop" to not realize that the threat of Sexual Harassment may be in the mix.

Here are a few suggestions:

Reflections of a "Senior" Lawyer
By Alan E. Seneczko, Esq.
For some reason unknown to me (it can't possibly be my imminent 60 th birthday), I have been receiving solicitations from the State Bar's "Senior Lawyers Division." Though I would like to think it is based on my vast experience, I have reason to believe it is more "temporal" in nature. So that got me thinking...

When I ventured out on my own as a solo practitioner in management employment law back in 1989:

  • The Americans with Disabilities Act did not exist.
  • The Family Medical Leave Act did not exist.
  • A client asked me "when I was going to join the 90s" and get a fax machine.
  • I asked the guy across the hall, "What would I do with this internet thing? I already have a phone book."
  • Speaking of the ADA, did you know that the law, enacted in 1990, has a section expressly exempting "transvestites" from coverage, and further states that the term "disability" shall not include "transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders."

Times change and you have to adjust. So I did, and soon found myself:

Seneczko, Alan
Contact Attorney Alan Seneczko in our Oconomowoc office at (262) 560-9696 or by email at
Five Commonly Asked Questions About IRS Form SS-8
By Nancy E. Joerg, Esq.
Over the years, I've had an increasing number of phone calls from company owners who have received in the mail a disturbing and unwelcome letter from an IRS SS-8 Unit, usually located in Holtsville, New York.

The letter contains a cover letter and also an IRS Form SS-8 Questionnaire entitled " Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding."

The IRS Form SS-8 is four pages loaded with over 50 tough questions about the independent contractor relationship in question. The Questionnaire has vague and complicated questions which companies simply don't know how to answer. A lot of the language is unusual, terms of art really only known to the IRS, some attorneys and other professionals who deal frequently in this legal area.

The IRS SS-8 Unit has the responsibility of handling complaints and requests from workers who are arguing that they have been improperly classified as independent contractors.

Contact Attorney Nancy Joerg in our St. Charles office at (630) 377-1554 or by email at
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The attorneys of Wessels Sherman have the superior experience, knowledge and leadership to aggressively represent your business nationwide, including St. Charles, Chicago and Cook County, Illinois; Oconomowoc, Wisconsin; Minneapolis, Minnesota; Davenport, Iowa and the entire Quad Cities area.  

CLIENT ALERT Editor-in-Chief........Walter J. Liszka
Minnesota.........................................James B. Sherman
Wisconsin.........................................Alan E. Seneczko
Iowa.................................................Joseph H. Laverty
Illinois...............................................Nancy E. Joerg  
The Client Alert is a complimentary newsletter published periodically for clients and friends of Wessels Sherman. We reserve the right to limit distribution of our materials to representatives of management. The materials in this newsletter have been abridged from a variety of sources and are not necessarily applicable to a particular situation. The contents of this mailing should not be construed as legal advice. State laws vary. Readers should consult with legal counsel before taking any action on matters covered by this mailing.