Employment

At Meissner Tierney our perspective is that employers are best served by fostering relationships with their employees based on mutual understanding and respect through clear and concise policies and procedures that defining the employment relationship.  We regularly work with closely held businesses to develop comprehensive employee handbooks that cover everything from straightforward overtime and vacation policies to cutting edge social media issues.

In addition, employers have a myriad of obligations to their employees under state and federal law.  These obligations span a wide-range of topics, such as wage and overtime rules, family and medical leave obligations, and various anti-discrimination laws.  Our attorneys regularly advise clients on compliance with all of these and many other employment-related obligations.

Though our main goal is the prevention of disputes between a business and its employees, we understand that even with well-developed policies and procedures in place, conflicts between businesses and their employees will inevitably occur.  We routinely handle all potential facets of these sensitive conflicts, including discipline and discharge, discrimination, retaliation and whistleblower claims, sexual harassment, and wrongful termination.  We also have significant experience representing both employers and employees before state and federal administrative agencies and courts.  This enables us to anticipate the other side’s positions and develop the best legal advice and arguments before ever reaching these adjudicative bodies, in the process achieving a favorable outcome for our clients, regardless of which side they are on.

Discrimination

Employees are protected from many types of employer discrimination under various state and federal laws.  Our attorneys routinely represent both employers and employees before state and federal administrative agencies and courts on claims of discrimination under such laws as Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and comparable claims under the Wisconsin Fair Employment Act.

Downsizing & Layoffs

Our attorneys are experienced with helping clients minimize the risks and comply with the laws and regulations required for mergers, acquisitions and spin-offs, as well as bankruptcies and plant closings. We have assisted both buyers and sellers during these challenging times. We help our clients comply with the laws while maintaining the integrity of their business operations. We provide our clients with a thorough, efficient and accurate checklist of employment requirements.

Executive Compensation

Executive compensation plans are often a key part of attracting and retaining top-level talent.  Our attorneys are experienced in developing and reviewing executive compensation plans, from simple deferred compensation arrangements to complex phantom stock plans and other non-qualified retirement plans.  We work closely with our clients to design plans with well-defined and attainable performance goals that provide executives with the proper incentives to maximize the long-term value of the business.

Qualified Plans and Other Employee Benefits

Employees often value the various employee benefit programs offered by an employer nearly as much as their cash compensation.  Our attorneys have substantial experience and expertise in drafting various employee benefit plans, including group health insurance arrangements, cafeteria plans, and medical reimbursement plans, as well as profit-sharing 401(k) and other defined contribution and defined benefit qualified plans.  Our focus on fostering intimate relationships with our clients allows us to tailor these various plans to each client’s specific needs.  We also regularly counsel employers in their capacity as plan administrators and fiduciaries regarding the many complex compliance and reporting requirements under the ever-changing ERISA and Internal Revenue Code regulations.

Retaliation and Whistleblower Claims

A wide range of laws both at the state and federal level protect employees from retaliation when they raise various workplace issues with their employers and/or governmental agencies.  For employees, our attorneys are skilled in determining which state or federal laws are best suited to the client’s situation.  We also defend employers against retaliation and whistleblower claims.  As always, our policy is to avoid the potential for such claims by advising clients on modifying existing policies and procedures or putting in place new internal control mechanisms designed to reduce potential claims.

Wrongful Termination

Despite an employer’s efforts to provide carefully documented reasons for an employee’s termination, some employees still feel that they were terminated unfairly.  Our attorneys are skilled in bringing and defending claims of wrongful termination, whether such claims are based on breach of an employment agreement or a discharge in violation of public policy.  We also negotiate and draft severance agreements and releases to preclude litigation before it starts.

Litigation – Antitrust

Attorneys

Litigation – Appellate

Litigation – Bankruptcy

Litigation – Business & Corporate

Litigation – Construction

Litigation – Employment Disputed & Non-Competition Agreements

Litigation – Environmental

Litigation – Extra

Litigation – Insurance

Litigation – Product Liability and Torts

Litigation – Professional Liability Defense

Transactional – Banking

Transactional – Business & Corporate

Transactional – Construction

Transactional – Employment

Transactional – Environmental

Transactional – Real Estate

Transactional – Estate Planning

Transactional – Healthcare

Transactional – Intellectual Property

Transactional – Mergers

Transactional – Securities

Transactional – Tax

Shareholder Scott T. Reigle presented at the 2023 MRA Employment Law Update for Wisconsin

On February 16th, 2023, Shareholder Scott T. Reigle was invited to present at the 2023 MRA Employment Law Update for Wisconsin....
Read More

FTC Attempts to Ban Noncompete Agreements

McKenzie E. Tibbetts Historically, noncompete agreements have been controlled and regulated by state law. In Wisconsin, noncompete agreements are generally...
Read More

The Paycheck Protection Program Flexibility Act of 2020

Erica D. Kolo On June 5, 2020, the Paycheck Protection Program Flexibility Act of 2020, also known as the Flexibility...
Read More

SBA Releases New EZ PPP Loan Forgiveness Application

Erica D. Kolo On Wednesday, June 17, 2020, the Small Business Administration (SBA), in conjunction with the Department of Treasury,...
Read More

Attorney Adam Tutaj Authors Article “Tax Treatment of Settlements and Judgments in Employment Law Claims – Some Examples” for the State Bar of Wisconsin

Shareholder Adam Tutaj, a member of the State Bar of Wisconsin's Taxation Law Section, authored an article for the Labor &...
Read More

Preparing to Compete: The Boundaries of Permissible Conduct

Michael J. Cohen Under our free enterprise system, employees frequently leave their employment to work for a competitor or start...
Read More

Employment Law & Termination Issues in Wisconsin

Mark D. Malloy One of the most frequent questions an employment lawyer gets is the inevitable call from a client...
Read More

Bona Fide Reciprocal Purchase Arrangements Under the Code Sec. 414 Common Control Rules

Journal of Passthrough Entities - Choice of Entity Corner Journal of Passthrough Entities (November-December 2015) In forming new business entities,...
Read More

Video: “Employment Law & Termination Issues in Wisconsin” – Attorney Mark Malloy

Attorney Mark Malloy discusses "Wisconsin's Employment Law." From hiring employees to documenting employee reviews and evaluations to all issues relating...
Read More

The Application of Code Sec. 1402(a)(13) to Limited Liability Companies: The Search for Clarity Continues

Choice of Entity Corner Journal of Passthrough Entities (March-April 2015) Adam J. Tutaj Assuming that the owner of a particular...
Read More