Wanezek, Jaekels, Daul & Babcock, S.C. Attorneys at Law — Founded 1908

EMPLOYEES COMING BACK TO WORK AFTER WORK RELATED INJURY

When an employee gets injured on the job and takes time off to recover, an employer must rehire them unless there is reasonable cause not to do so. Wisconsin Statute 102.35 requires that an employer who refuses to rehire the employee, pay lost wages to the employee when they refuse to rehire them without a showing of reasonable cause. In a case that was decided in July of 2011, the Wisconsin Supreme Court found that if a business could show a reasonable cause for termination than that was all they had to prove. The Wisconsin Supreme Court found that the LIRC had incorrectly read in the accommodation requirements for employees with disabilities because it asked for something more than reasonable cause. The Supreme Court of Wisconsin found that the rehiring provision “does not contain a requirement that employers change their legitimate and universally applied business policies to meet the personal obligations of their employees.” Without a showing of reasonable cause the employer would have to pay. Employers and Employees get into disputes from time to time. Our Firm has extensive experience with employment disputes including return to work issues. Contact Attorney David Daul or Warren Wanezek for a consultation.