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

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Wage Claims

Green Bay, Wisconsin employees have the right to file a wage claim with the Equal Rights Division if there is a dispute with the employer in the amount of wages owed, or if an employer fails to pay the wages agreed upon for the time actually worked.  You would be well served to retain legal counsel experienced with employment law to assist you in such claims.

FILING A WAGE CLAIM
If the employer refuses to pay wages earned on the regular established payday, the employee should request payment. If the employee doesn’t receive the payment after 6 days, the employee may file a claim with the State within 2 years of the date earned.

Once a claim is filed, the department will seek to resolve the matter with the employer.  This process often results in substantial production of materials that may be useful in litigation later on.  You have the right to bring these claims in court before, during or after the states investigation.  There are statutes that increase the damages available substantially if you use the State’s administrative processes first.

TYPES OF WAGE CLAIMS
The Division may take action on the following types of wage claims:

  • Salaries
  • Commissions
  • Holiday Pay
  • Vacation Pay
  • Severance Pay
  • Dismissal Pay
  • Bonuses
  • Illegal Deductions
  • Supplemental unemployment compensation benefits when required under a binding collective bargaining agreement,
  • Other similar advantages agreed upon between the employer and the employee,
  • Other similar advantages provided by the employer to his employees as an established policy.

If you are a Green Bay area employee and believe you may have a wage claim, you will need an attorney experienced in Wisconsin employment and labor law.  Consult with Attorney David Daul of Wanezek & Jaekels.  You may contact him directly at (920)437-8191, or submit your question using our online Contact Form.

IS A DISADVANTAGED BUSINESS ENTERPRISE APPROPRIATE FOR YOU?

A Disadvantaged Business Enterprise (DBE) is a for profit, small business concern that is at least 51% owned by one or more individuals who are both socially and economically disadvantaged and, whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. 

FORMING A DBE
Forming a DBE can have many advantages to small business where the criteria for a DBE are met.  For instance, a DBE may be eligible to secure certain types of government and other types of contracts, or be given preference in securing those contracts because of the DBE status.  However, DBE certification, as handled by each State wherein the DBE is doing business, requires certain eligibility for certification.

There are various factors which must be addressed from the very beginning when establishing a DBE.  If you are in the Green Bay area and interested in establishing a DBE, you should consult with an attorney experienced in this area to determine whether or not you meet the criteria and, if so, what needs to be done to establish the paperwork and official filings to establish the DBE. 

CONSULT GREEN BAY BUSINESS ATTORNEYS
The attorneys at the Green Bay law firm of Wanazek & Jaekels, S.C., are experienced in business matters. Contact Attorney David Daul [email protected] or by telephone at 920-437-8191 for further consultations on whether or not a DBE is the right business entity for you.

The lawyers at Wanezek & Jaekels, S.C., can also help with your business partnership, corporation, or limited liability company (LLC).

INTENTIONAL ASSAULTS / ASSAULTS AT BARS OR TAVERNS

You may have been the victim of an intentional assault, wherein another person uses force and unwanted contact against you resulting in personal injury.  Often, this can happen in social situations or social settings like in bars and taverns.

- Our local, Green Bay, Wisconsin law firm represents personal injury victims from assaults, auto accidents, slip and falls, and other injury causing incidents. Contact attorney David Daul at 920-437-8191.

PERSONAL INJURY DAMAGES FROM ASSAULTS
Simply because you are injured in a tavern or bar does not mean that you may not be entitled to claim damages against the assailant.  Often times such claims result in substantial settlements against the assailant.

For further consultation, please speak with an attorney very experienced in this matter by contacting Attorney David Daul at the Green Bay, Wisconsin law firm of Wanezek & Jaekels, S.C., [email protected], or by telephone at 920-437-8191.

CHILD INJURED WHILE IN INSTITUTIONAL OR GOVERNMENT CARE

It is every parent’s worst nightmare that their child, after having been placed in institutional or governmental care is injured as a result of an intentional assault either by an employee of the State, the institution or another resident/patient.  This type of assault can cause extreme emotional trauma far beyond the physical damage suffered by the child, to both the parents and the child. If such circumstances exist, there may be acute and time sensitive issues involved.

INJURIES & STATE LIABILITY; REQUIREMENTS
Typically, if a person is injured while in a State institution in Wisconsin, a certain formal notice must be given within 120 days pursuant to Wisconsin law.  Parents are entitled to obtain records associated with the assault through “open records” laws in effect in Wisconsin.  Such injuries suffered by a child can often lead to liability on the part of the State or the institution to the child; and to the parents.  There are numerous and complex legal issues that must be addressed early on in order to preserve the rights of the child and the parents in such circumstances.

INJURY SETTLEMENTS, CHILDREN, & GOVERNMENT BENEFITS
Further, if the child’s family is receiving any type of governmental benefit or assistance, receipt of settlement funds may disqualify the family from governmental benefits necessitating the use of certain types of trusts to protect the family. Further, such injuries, when and if they result in settlement, are subject to certain requirements for the settlement of minor claims.  These issues are very complex and complicated and generally require the assistance of an attorney experienced in in handling claims against Wisconsin government bodies, personal injury claims, minor settlements, and other areas of the law.

OUR EXPERIENCED ATTORNEYS CAN HELP
If your child and/or your family has experienced a State institutional or government assault, please contact an attorney very experienced in settling such cases by contacting Attorney David Daul at the law firm of Wanezek & Jaekels, S.C., [email protected] or by telephone at 920-437-8191.

Non-Profit Corporation

You may be in the Green Bay, Wisconsin area and interested in starting an organization involved primarily in educational, scientific, religious or other charitable endeavors.  In this case, you may want to consider establishing a non-profit corporation.  A non-profit corporation provides the same liability protections and tax advantages that are associated with standard corporate organizations and establish legal protections to protect you and your Directors’ personal assets.

PROS & CONS OF NON-PROFIT CORPORATIONS
Non-profit corporations enjoy some special advantages.  Pursuant to their status, non-profits are eligible to receive, Federal, State and Foundation grant monies and other favorable treatment.

However, there are some disadvantages in forming a non-profit organization.   There is an increased burden of paperwork and corporate formality to be followed when establishing a non-profit as opposed to other business forms, such as a limited liability company.  If such formalities are not followed, then the fundamental advantage that one gains from establishing a non-profit (limited liability) may not be available to the organizers and the Directors in the event that a lawsuit is commenced.

If you are interested in consulting with an attorney to determine whether a non-profit corporation is appropriate for your organization; and for assistance in preparing the extensive paperwork and filings needed, please contact Attorney David Daul at the law firm of Wanezek & Jaekels, S.C.,[email protected] or by telephone at 920-437-8191.

WISCONSIN WORKERS COMP / FAILURE TO RE-HIRE CLAIMS

In the State of Wisconsin, it may be considered an “unreasonable refusal to rehire” when an employee sustained an injury in the course of employment and is subsequently denied reemployment.

UNREASONABLE REFUSAL TO REHIRE
If the employee can show that he or she was refused rehire, the burden shifts to the employer to show a reasonable cause for the refusal to rehire.  Invariably, the employer will attempt to claim that the employee’s position was eliminated or that they no longer had a job which the employee can do with the limitations associated with their work-related injury.

Therefore, the question with claims of unreasonable refusal to rehire is what is “reasonable”.  If an employer is found to have acted unreasonably, then they face significant penalties.

LOST WAGES & PENALTIES
The employee may be awarded wages lost during the period of such refusal, up to and including one year’s worth of wages.  If you have questions with regard to this issue, please contact Attorney David Daul to discuss if you have a viable claim for “refusal to rehire”.

The attorneys at Wanezek & Jaekels, S.C., are experienced in handling a variety of work and employment related legal matters, including other workers compensation issues, ERISA rights, and other employee actions against employers in the Green Bay, Wisconsin area.

PROPERTY DAMAGE CLAIMS / INSURANCE

Most homeowners own a policy of insurance that covers damage to their property in the event of a catastrophic loss, such as fire.  These policies often contain provisions that cover for losses associated with damage to the home or its contents.  One area of constant dispute between homeowners and insurance companies is whether or not the claim is excluded under the language of the policy.

DOES AN “EXCLUSION” LIMIT YOUR COVERAGE?
Your insurance policy will have numerous “exclusions” which will likely exclude some or all of the loss from coverage.  Your insurance carrier will invariably seek the broadest possible application of these exclusions, often in a way that is unreasonable or unfair.  If it is the case that you are in a property damage dispute with your insurance carrier, you should consult the experienced attorneys at Wanezek & Jaekels, S.C. Located in Green Bay, Wisconsin, our law firm is local, experienced and ready to assist you with your insurance related property damage concerns.

Contact Attorney David Daul to discuss the matter in greater detail. Call 1.920.437.8191, or email him to discuss your insurance claim.

SELECT THE PROPER CORPORATE ORGANIZATION

One of the many legal issues that emerge when a business is organized, is what form of business corporation to elect. 

BUSINESS ORGANIZATION AND CREATION
In Wisconsin, there are several forms available.  The forms primarily applicable are the incorporation, the S corporation, and the limited liability corporation (“LLC”).  Often times, upon consultation with others, a new business will select a business form that is inappropriate.  In the case of most small businesses, an LLC is perfectly adequate; however, there may be advantages to selecting an S corporation or incorporation as well.

S CORPORATIONS V LLCS
A new business owner may focus on tax advantages that may be obtained from selecting some types of business organization, such as the S corporation.  However, it is possible that in selecting the S corporation the business owner/organizer fails to understand that with the S corporation comes a significant requirement to follow certain corporate formalities.  These formalities include having an annual meeting with an agenda and minutes, keeping by-laws, and appointing corporate officers.  Though these tasks are relatively minor, if over the course of several years they are not observed, Wisconsin law holds that a company that fails to follow corporate formalities may lose the benefit entirely of limited liability that comes with a corporation.  On the other hand, the LLC has much reduced requirements for corporations; however, it may be an exact fit for the corporation’s needs as to some other issues such as taxation.

OUR ATTORNEYS CAN HELP SET UP YOUR BUSINESS
Consultation with an attorney and a competent accountant is absolutely vital when selecting the appropriate corporation.  Our firm has set up hundreds of new business, including corporations, LLC’s, and partnerships, over the years and is prepared to give you advice on setting up the appropriate corporate entity and preparing the associated legal documents in the proper form. 

Please consult with Attorney David Daul at the Green Bay, Wisconsin law firm of Wanezek & Jaekels, S.C., to discuss these matters in greater depth.

Call David at 920 437-8191, or email him at [email protected].

Severence Agreements

Often at the conclusion of employment, an employer will ask an employee to sign what is commonly referred to as a Severance Agreement.

GIVEN A SEVERANCE AGREEMENT?
Usually, a Severance Agreement offers the employee some amount of money in exchange for waiver of the employee’s rights to bring certain legal claims against the employer.  You are entitled to certain allowances for time to review the terms of the Severance Agreement with an attorney.  For instance, if the employee is over age 40, he or she should be given at least twenty-one days to review the agreement and take it to a lawyer prior to signing it.

NON-COMPETE & CONFIDENTIALITY AGREEMENTS
Often employers try to sneak in a non-compete agreement at the last minute to restrict the employee’s ability to find similar employment that may be competitive.  The employer may also ask for a confidentiality agreement which prohibits you from disclosing confidential company information.  However, some employers take these agreements to mean that you could never work for a competitor, because inevitably you would disclose company information as part of that future employment.  In effect, a confidentiality agreement can be treated as a non-compete.

CONSULT AN ATTORNEY BEFORE SIGNING
Most importantly, the Severance Agreement often includes a release where you give up any potential claims you may have against your employer.  The claims that you have against the employer could be far more valuable than the amount of money that you receive for signing the release.  The bottom line is that you should always consult an attorney before entering into a Severance Agreement with your employer.

The Green Bay, Wisconsin law firm of Wanezek & Jaekels, S.C., specializes in employment law and has reviewed numerous Severance Agreements.  Our attorneys are able to provide very competent advice and guidance to persons ending employment where a Severance Agreement is involved.  Please call Attorney David Daul at 920.337.8191 to discuss your Severance Agreement and the implications it may have for you.

FINANCIAL INDUSTRY REGULATORY AUTHORITY (FINRA) ARBITRATION

In some unfortunate situations, you may have experienced substantial financial loss through the actions of your financial adviser not due to fluctuations in the market. Such losses could arise which reflect negligence, breach of fiduciary duty, and unsuitability of investments, among others, that have nothing to do with fluctuations in the market.

COMPLAINTS AGAINST FINANCIAL ADVISERS
The agreement that you sign with your financial adviser will probably provide that your dispute must be resolved through an arbitration through a government agency known as the Financial Industry Regulatory Authority (“FINRA”). This process requires you to submit a complaint through FINRA and then submit to an arbitration by an impartial third party to resolve your claims with your investment adviser. The process is usually mandatory, does not provide you with a right to a jury, and further does not provide you with a right to an appeal. Therefore, you only have one opportunity to get your claims framed correctly and put before FINRA for resolution. Your financial adviser will have extremely skilled lawyers to defend the claim and you would be at a substantial disadvantage if you attempted to prosecute your rights without legal assistance.

CONTACT WANEZEK & JAEKELS FOR HELP
Our firm has handled many of these types of claims with very good results for our clients. If you have complaints involving loss of worth of your portfolio which you believe is not related to market fluctuations, please consult with Attorney David Daul who has substantial experience in these matters to discuss the matter in greater detail.

Initial consultations are always free. Call attorney Daul at 920.437.8191, or email him today: [email protected].

Obtain Legal Help You Can Rely On

To get in touch with one of our attorneys about your case, call our firm at (920) 437-8191 or fill out the form below.