Client Alert
July, 2019
Don't Like Your Boss? How About Demanding a New Supervisor as an Accommodation?
Seneczko, Alan
Contact Attorney Alan Seneczko in our Oconomowoc office at (262) 560-9696 or by email
By: Alan E. Seneczko, Esq.
In this ever-litigious society of ours, it is comforting to see reason prevail on occasion, and the court's recent decision in Summers v. Target Corporation, Case No. 18-C-32 (E.D. Wis. 2019) is a good example. In Summers, an employee contended that his supervisor caused him anxiety, stress, palpitations and panic disorders, for which he was prescribed anti-depressants and anti-anxiety medication. He took a medical leave and his therapist recommended that he be transferred to another location (and hence, a new supervisor) as an accommodation of his condition. When Target refused, he resigned and sued for failure to accommodate under the ADA.

As in any case under the ADA, the court first addressed whether Summers had a disability within the meaning of the law - and found decidedly to the contrary, given that Summers' alleged disability only limited him from working for this particular supervisor and not a class of jobs in general: "The fact that [Summers] is unable to work for a particular supervisor, whether because of anxiety or extreme dislike, is not a disability within the meaning of the ADA." In other words, all his condition limited was his ability to work with the supervisor he did not like.

One Crucial Difference Between an Independent Contractor and an Employee
By Nancy E. Joerg, Esq.
The IRS uses a Questionnaire called the IRS Form SS-8 (Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding) to determine when a particular "worker" is an independent contractor and when the "worker" is an employee.

This Questionnaire has been used by the IRS for decades. One of the key questions on the IRS Form SS-8 is: " Can the relationship be terminated by either party without incurring liability or penalty? "

State unemployment insurance agencies across the United States have their own Questionnaires to determine when workers are independent contractors or employees. In Illinois, the Illinois Department of Employment Security (IDES) asks the question that almost every State asks which is: "Can the firm discharge the worker at any time?"

Contact Attorney Nancy Joerg in our St. Charles office at (630) 377-1554 or by email
He Who Hesitates May Be Lost
By Walter J. Liszka, Esq.
While the statement "he who hesitates may be lost" has been around for decades, it may be the underpinning of a very recent Supreme Court decision. In a unanimous decision issued by the United States Supreme Court on June 3, 2019 ( Fort Bend County vs. Davis, No. 18-525, Argued 4/22/19; Decided 6/3/19) the Supreme Court of the United States held that an employment discrimination plaintiff's failure to exhaust administrative remedies is not a jurisdictional prerequisite to filing litigation and, therefore, Federal courts may be able to hear discrimination claims under Title VII even if workers fail to raise those claims with the Equal Employment Opportunity Commission ("EEOC") or a state workplace bias watchdog group.

Contact Attorney Walter Liszka in our Chicago office at (312) 629-9300 or by email
Wessels Sherman Announces its New Office Location in Bloomington, Minnesota
The Minnesota office of Wessels Sherman law firm has moved, taking up its new residence in one of the most iconic business locations in the Twin Cities. The new address is: Wessels Sherman, P.C.Riverview Office Towers, 8009 34 th Avenue South, Suite 185, Bloomington, MN 55425

Please note that our phone number, email addresses and website address, remain unchanged; our Minnesota office telephone is (952) 746-1700.

Our new office is right in the heart of hundreds of business and corporate headquarters along the highway 494 corridor, near MSP airport, Mall of America, numerous hotels and restaurants. This location provides our attorneys with ready access to the federal and state courts and administrative agencies of both Minneapolis and St. Paul, as well as the entire state of Minnesota and western Wisconsin. Clients will love the convenience of visiting us on the outskirts of the Twin Cities, avoiding traffic and parking hassles while enjoying the variety of available services nearby.

Join Wessels Sherman attorneys Dick Wessels, Nancy Joerg, Joe Laverty and Tony Caruso for a special breakfast seminar at the historic Dunham Woods Riding Club in Wayne, Illinois. Attendees will be delighted by the charming rooms, magnificent art work and antique furnishings. Enjoy gorgeous views of the rolling countryside. Exciting raffle prizes too!

When: Wednesday, October 23, 2019 from 8:00 AM to 12:00 PM
Where: Dunham Woods Riding Club, Wayne, Illinois
Cost: Only $100 which includes a delicious continental breakfast and many valuable handouts
Contact: For more information, contact Tammy Nelson at (630) 377-1554
Connect with Wessels Sherman 
Upcoming Seminars, Webinars and Teleseminars
Thursday, September 12, 2019, 2-3 pm
Cost: $100

Wednesday, October 23, 2019, 8 am - Noon
Cost: $100

Thursday, November 14, 2019, 2-3 pm
Cost: $100
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.