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Management-Side Labor and Employment Law 

 Client Alert                                                 

 Wisconsin                                                March 2018

Seneczko, Alan
Alan E. Seneczko
Expunged Conviction Not A "Conviction" Under WFEA
By:  Alan E. Seneczko, Esq.
HR professionals that conduct criminal background checks on prospective employees are well aware of (or should be) the Wisconsin Fair Employment Act's prohibition against discrimination on the basis of an individual's arrest or conviction record. Under the WFEA, an employer may not discriminate against an employee or prospective employee on the basis of a pending arrest or conviction, unless the circumstances of the arrest/conviction are substantially related to the circumstances of the proposed employment. Easy enough? Not really.
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Temporary Employees May Sue Host Employers for Injuries
By:  Alan E. Seneczko, Esq.
In a stunning recent decision, the Wisconsin Court of Appeals held that temporary employees who are injured/killed while performing services for their host employer have the right to choose between the receipt of workers' compensation benefits under the Wisconsin Worker's Compensation Act or the pursuit of a personal injury claim against the host employer. Under the Wisconsin Worker's Compensation Act, temporary employees who are injured while performing services for their host employer and "make a claim" for worker's compensation benefits are precluded from maintaining an action in tort against the employer that compensates the temporary agency for their services (i.e., the "host" employer). Thus, if the employee makes a claim for worker's compensation benefits against the temporary agency, he/she may not pursue a personal injury claim against the employer for which it was performing services when injured. But what if the employee never "makes a claim for compensation" against the temporary employer, and chooses instead to sue the host employer?
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Non-Compete Statute Applies To No-Raiding Provisions
By:  Alan E. Seneczko, Esq.
The enforcement of non-compete agreements in Wisconsin is governed by the provisions of Wis. Stat. § 103.466, which sets forth five requirements that must be met in order for the restriction to be enforceable. Over the years, the courts have found that these restrictions applied not just to traditional non-compete agreements, but also to agreements not to solicit customers, non-disclosure/confidentiality agreements, and no-hire agreements between two employers. It therefore comes as no surprise that the Wisconsin Supreme Court recently held that the restrictions found in § 103.465 also apply to "no-raiding" covenants, which restrict former employees from soliciting or "poaching" employees of their former employer.  
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If you have any questions about the Wisconsin Fair Employment Act, criminal conviction discrimination, worker's compensation, non-compete agreements or any of the above articles, feel free to contact WS Attorney Alan E. Seneczko at (262) 560-9696, or [email protected].

Wessels Sherman Spring Seminars:
The Cutting Edge - Critical Employment Issues

We are excited to announce our three-city tour of seminars, The Cutting Edge - Critical Employment Issues, taking place in Oconomowoc on May 24 at the Hilton Garden Inn (and in Minneapolis on May 18, and Chicago on May 23). Three of the firm's litigators, including myself, will be presenting on important issues facing employers in today's legal environment, including:

Class Action Litigation: Could you be next? Alan Seneczko - The pursuit of minor employment disputes through major class litigation is an enforcement mechanism that is exploding throughout the country. Learn how simple, but erroneous employment practices can place your business at a risk for exposure.

Key Developments and How to Cope James Sherman - A summary of critical legal developments that will affect all employers in 2018.


Bracing for "Me Too," Jennifer Murphy - You may not be in Hollywood, but drama may be just around your warehouse corner.

Plus, recent legal developments in Wisconsin (and Minnesota and Illinois, as applicable).

Wessels Sherman
1860 Executive Drive, Suite E-1
Oconomowoc, WI 53066
Ph. 262-560-9696
Fax 262-560-9677
WS Wisconsin Client Alert is a complimentary newsletter published 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.