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At this time of year we like to take the opportunity to let you know that we very much appreciate your trust and confidence in selecting
Wessels Sherman
to counsel you in your labor and employment matters.
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We wish you great success, happiness, and prosperity in the New Year!
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Questions?
Contact Attorney Walter Liszka in our Chicago office at (312) 629-9300 or by
email
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By: Walter J. Liszka, Esq.
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Employers always seem to find themselves as the unwitting recipient/victim of the actions of others-sometimes other companies, sometimes the Government, but in almost all cases, some of their employees. Whether it is the Federal or State Government, the Me Too Movement or in this case, Generation Z and Millennials, Employers are always going to be at the end of the line.
As recently highlighted in a New York Times article, a new phrase has become emblematic of the "War Between Generations". The term "Ok, Boomer!" which has been popularized on the Internet and, in particular on Twitter by Generation Z and Millennials is now being used to dismiss Baby Boomers thoughts and opinions which are sometimes viewed by the younger generation as paternalistic or just out of step. While many may find the term, "Ok, Boomer!" as a harmless way to point out generational differences, the phrase's popularity could and will lead to problems in the workplace.
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You Can't Have it Both Ways - Company Prevails in Case Involving Conflicting Representations in ADA, FMLA and Worker's Compensation Claims
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By Alan E. Seneczko, Esq.
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By now it is almost cliché to talk about the "Bermuda Triangle" of employment law - difficult issues involving the ADA, FMLA and Worker's Compensation and the consternation they cause employers. Recently, however, Wessels Sherman attorney Alan Seneczko, who manages the firm's Wisconsin office, won a big victory for a client seemingly caught in that quagmire.
In
Peters v. Dielectric Corporation, Case No. 18-cv-811 (E.D. Wis. Oct. 17, 2019), the plaintiff filed claims under the ADA and FMLA, alleging that the company failed to accommodate her disability and interfered with her right to reduced leave when it refused to allow her to work in her position 30 hours per week subject to a 20 pound lifting restriction, as she had been doing for three years due an alleged work-related back injury and the medical certifications she had submitted in connection with it. The company transferred her to another position after it was forced to eliminate part-time work in the position she had been working. She then claimed that the new position caused her problems and demanded to return to her former position.
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Questions?
Contact Attorney Alan Seneczko in our Oconomowoc office at (262)560-9696 or by
email
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IRS Form SS-8 Continues to Upset and Confuse Employers Across the USA!
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The IRS SS-8 Program allows either a Company or a Worker to request that the IRS evaluate and determine whether the Worker is an employee or an independent contractor for Federal/IRS Purposes. The resulting Determination by the IRS SS-8 Unit is just the SS-8 Unit's "opinion" (not an actual audit!).
Either party can start the IRS SS-8 request. Most frequently, it is a disgruntled Worker who submits the request by filing an IRS Form SS-8
(Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding). The Worker claims to the IRS SS-8 Unit that he/she was misclassified by the Company and therefore should not be asked to now pay self-employment tax.
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Questions?
Contact Attorney Nancy Joerg in our St. Charles, Illinois office at (630) 377-1554 or by
email
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Internal Harassment Complaints
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By Walter J. Liszka, Esq.
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With the advent of the Me Too Movement and the extensive number of harassment complaints that have been played out in the public forum by the news media, an Employer, on a daily basis, can be confronted with an internal harassment complaint that requires prompt and accurate action by the Employer. Since the Complaint allegedly purports to represent an allegation of wrong-doing in the workplace, it may lead, if not handled correctly, to costly and time consuming litigation as well as potential workplace morale problems and/or issues. This article will attempt to address the potential mistakes that an Employer can make when they receive an internal harassment complaint.
1. Bringing the Complainant and the Accused Together for Discussion.
When an individual raises a Complaint of being harassed in the workplace, the worst thing that can happen is that that individual is placed in the same room with the alleged harasser and asked to discuss the incident.
Under no circumstances should the Complainant and the alleged harasser be brought together for a "clearing the air meeting".
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Questions?
Contact Attorney Walter Liszka in our Chicago office at (312) 629-9300 or by
email
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Connect with Wessels Sherman
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Upcoming Seminars, Webinars and Teleseminars
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Thursday, January 23, 2020, 2:00 - 3:00 pm
Cost: $100
Thursday, March 5, 2020, 2-3 pm
Cost: $100
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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.
Editors:
CLIENT ALERT Editor-in-Chief........Walter J. Liszka
Minnesota.........................................James B. Sherman
Wisconsin.........................................Alan E. Seneczko
Iowa.................................................Joseph H. Laverty
Illinois...............................................Nancy E. Joerg
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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.
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