Your Rights In The Workplace
The workplace is regulated to a certain degree by various Federal, state and local laws. In Wisconsin, however, these laws do not say that everyone has the right to a fair workplace or to be treated with respect, dignity or even similarly to other employees with certain limited exceptions. The following is a summary of some of the rights you do have in the workplace and certain issues of which you should be aware in the event you are terminated or are thinking of quitting your job.
Links on this Page:
Discrimination Laws
Right to Not Be Forced To Buy Products of Your Employer
Privacy in the Workplace
What if I'm Fired?
What Not To Do If You're Fired
Unemployment Benefits
Workplace Injuries
Safety in the Workplace
Non-compete Agreements
Rights to Take Leave for Serious Health Conditions and To Care for Family Members

If your employer has 50 or more employees and you have worked for this employer for 52 weeks and more than 1,000 in the last 52 weeks, then you may have the right to take leave--be absent--from work to care for yourself or a family member if you or your family member has a serious health condition or you have a new baby or adoption. This right comes from the Federal law called the Family and Medical Leave Act (gives you up to 12 weeks of unpaid leave) and the Wisconsin law called the Family or Medical Leave act (gives you up to 2 weeks for your own health condition and 6 weeks for that of a family member). One of most important ways to protect your right to continued employment is to get certification by the doctor that you or your family member has a serious health condition that meets the definition of such a condition under the respective Federal or state law. If you do not provide the certification, you may lose your rights and your job.
In the certification from your doctor, it is important that your doctor identify the nature of the condition, that it is a serious health condition that prevents you from working or requires you to care for your family member, and the duration that you should be out of work because of the condition. Also, if you see the doctor only as an outpatient (not in the hospital), and your no-work status is not longer than 3 days, it is very important that you discuss with your doctor whether you should return to see him again at anytime, as the Federal law does not protect you if your disability does not go beyond 3 days and the state law only protects you if the disability requires some form of ongoing treatment or supervision by the doctor. If your doctor certifies that you must return to see him/her after the initial outpatient treatment, you should be fine. If you only have outpatient treatment, your no-work status is 3 days or less and your doctor does not schedule you for a return visit, your absence may not be covered by the family and medical leave laws.
Right to Not Be Forced To Buy Products of Your Employer
Privacy in the Workplace
What if I'm Fired?
What Not To Do If You're Fired
Unemployment Benefits
Workplace Injuries
Safety in the Workplace
Non-compete Agreements
Wisconsin Minimum Wage & Overtime Pay
The state minimum wage in Wisconsin increased to $6.50 per hour on June 1, 2006. In turn, this also increases the minimum overtime pay rate to $9.75 per hour for minimum wage employees. Under state and Federal law, overtime pay (hours worked above 40 in a workweek), is calculated by multiplying an employees regular hourly rate by 1.5. If the minimum wage or overtime rate is not paid, an employee may be entitled to recover 2 times the unpaid minimum and overtime pay.
Attorney Gordon R. Leech
Samster, Konkel & Safran, SC
1110 N. Old World Third St., Suite 405
Milwaukee, WI 53203
Tel: 414-224-0400