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Showing content with the highest reputation since 09/19/2018 in all areas

  1. 2 points
    Have you already filed bankruptcy? If not (and even if you have) you should consult an attorney who can review the complete situation. Bankruptcy exemptions are (for the most part) matters of state law. Only a Wisconsin attorney who is familiar with Wisconsin law and the practices and procedures in your local bankruptcy court should be relied upon for advice.
  2. 1 point

    EMERGENCY phone

    The time you spend on the phone actually handling a call would typically be compensable at your hourly rate and might be payable at the overtime rate depending. The time you spend off the phone during periods when you are on call -- when you're just available to be called but are not actually on the phone -- is typically not compensable if you're otherwise generally allowed to, and as a practical matter able to, use that time for personal purposes. But if you're effectively restricted from doing anything during the on-call period other than waiting for the phone to ring, then the whole 'on-call' time would typically be compensable at your hourly rate and potentially at the overtime rate. There are some other factors that the courts (and the Department of Labor) would consider in evaluating whether and how much of the on-call time is compensable, but the employee's ability to use the time effectively for his/her own purposes is critical to the analysis.
  3. 1 point

    In The News

    No. Under Wisconsin law, it illegal to discriminate against an employee because of their marital status generally, not because of their marriage to a particular person or because their spouse engaged in unwanted behavior. The state Court of Appeals held that: Bammert v. Labor & Indus. Review Comm'n, 2000 WI App 28, ¶ 14, 232 Wis. 2d 365, 376, 606 N.W.2d 620, 625. What this means is that employer policies or decisions that treat employees differently simply because of the fact they are married (or not married) are illegal. This means it is the status of being married or single, rather than the identity of the spouse or the actions of the spouse, that matters here. So, for example, an employer who preferred hiring married persons thinking them more stable and reliable than single persons would violate the state act because the employer is discriminating against the applicants simply based on whether they are married or not, regardless of who it is that they are married to. It is not the identity of the spouse or what the spouse did that prompted the employer's actions but instead it is just the fact that the person is married (or not) in general that is relevant for the purposes of the Act. Thus, if the actions of an employee's spouse might be considered by an employer to bring disrepute to the employee, too, it would be legal for the employer to fire the employee. It is not the fact that the employee is married in general that is the problem; it is the actions of the particular spouse. Presumably the employee would do the same thing if the employee's live-in boyfriend/girlfriend did the same thing.
  4. 1 point

    In The News

    It is highly unlikely that the chancellor of a state university is an at-will employee. A person in such a position would almost certainly have an employment contract. If we were to assume that this person were an at-will employee, I know of no law that would make it illegal for an employer to fire an at-will employee because of the employee's spouse's inappropriate behavior -- especially when that behavior occurred in the context of the spouse's unpaid appointment as "Associate to" the chancellor, who is his wife. No. Do you follow college football at all or are you otherwise familiar with what went on over the summer with respect to the head coach of Ohio State University? The head coach is not alleged to have done anything wrong but came under fire (and, in fact, was suspended for a few games) simply because the alleged spousal abuse by one of his assistants happened under his watch and because he either knew or should have known what was going on and failed to fire the assistant. According to what I read about the situation you described, the senator is not calling for the chancellor to be fired. Rather, he is calling for her to resign (and he's not the only person to have done so). It appears that the senator has opened an investigation and, presumably, the issue will be whether the chancellor knew or should have known what her husband did. This will probably lead either to a termination for cause under the chancellor's employment contract or -- more likely -- a negotiated buy-out of the employment contract.
  5. 1 point
    My dad died 2 years ago leaving my mother behind, they had a will made up and they wanted everything sold and split between my 2 sisters and myself. The whole family knew it..there was no secrets there, however they didn't resubmit the will to have everything split 50/50 between my oldest sister and i. they had it ready but unsubmitted, my parents didn't want my oldest sister in charge because she has a way to manipulate and control and she wouldn't be fair in any decisions. they had asked me to be p.o.a. because they didn't trust my sister especially in end of life care..well my mom had dementia. After my dads death she declined rapidly. i am the only one who would help her she required 24x7 care, well before she got to stage 3 she had appointed me poa and conservatoire when she became unable to make sound mind decisions. she told me what she wanted in her will and her and i sat down and wrote out her wishes and her second will with her and another witness. We had it notarized and had 3 copies one for mom , myself, and county clerk. this was in Feb 2017, my mother was at a stage 4/5 by end of march 2017. her doc wrote 4 letters of my mothers need for live in care and about her cognitive problem too saying she was no longer able to make her own decisions. the first letter was in march 2017 and the last one i believe was in end April/may2017. my sister came to give me couple hours off and managed to empty my moms office of all her paperwork, documents, will, everything. kept what she could use to her advantage and burned the rest , i have no records of these documents now, she kept everythjing hidden from me when i demanded to know what she was up to when she would come "relieve me for a few hours" including written agreements made between my dad and mom for some financial help i recieved from them and the reciepts then made up a will that wasn't even a option to consider by my mother, but mother wasn't in sound mind, so my sister had these documents signed taking me off poa, guardian, conservator, executor. then took me out of the will and making accusations that i forged checks of my parents me in the will. i have a financial time line of my moms banking that was locked up. there over $10,000 missing, my sister opened up a account in her name and put my moms money in there with out mothers knowledge, then made her self moms social sec payee. the list goes on..i have recorded conversations that my sis stated what she was doing, but because i was on moms cell phone family plan, my sis had it shut off, i cannot access it because i went to a different cell phone carrier, the list goes on with what she has gotten away with, shes done it so well she looks legal but i know better, so do other people in the family and people who know the family. She's trying to get me in trouble, she has taken 90percent of mom and dads stuff and hidden it in storage units . i want to know what i can do to prove she's done this and let law take its place.
  6. -1 points

    Breaking Solar Lease Agreement

    I'll be honest with you officerripley that you HAVE been sort of defrauded by solar co!!! They got you on a hook. It's obviously wrong. I would too breach thre contract, many people probably do, solar co's can't go after everyone. Sales/marketing crew that walk around and sell the fraud with a conspiracy theory that raises customer's impulse to jump into the deal... I've studied their selling techniques and I cant blame the buyers they WERE defrauded. They're like soldiers, finecomb brush through neighborhood with their conspiracy theory that you would beat prices, beat edison's rates. They come up to you saying have you heard the news of what's going on in your neighbourhood? " san onofre power plant has been shut down and the electric bill rates are about to spike up... or "you're probably wondering what our work trucks are doing in your neighbourhood, fyi we work with edisons green energy... we're non profit. So on n so forth.. there are many stories they get you with, that's just one out of 1000s. They use terms to stimulate customers' greed, fear, and other 3 aspects responsible for your decision making that will surely CLOSE the sale eg. "Just like your neighbor did." - is one way to stimulate one's greed. They may even approach you as if they're from edison, or your electric co at first. Then confuse you into the conversation so that you forget they said they're "working with edison", namedrops, (because they're connected to edison's grid now makes them "they work with edison") semantics, and the like premeditated techniques refined daily by groups of skilled sellers... I think I somewhere have a copy of the selling approach... many sellers are skilled former telemarketers. That work for marketing company which skillfully sell for solar companies now. I'D breach the contract and spread the word for others to do so too... Have you watched the movie Pay it forward? At harvard psych 1508 on psychology of leadership they broke down how to mass contaminate people with information. Be a contageous leader by making others spread the info exponentially. At the power of 64 you'll cover the whole planet! Only 64 steps was required to cover the whole planet with Rice! Not even people. So you need even less steps than that... if you're confused let me know I'll explain you the trick better...