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Hiring and Firing in Wisconsin

Product ID: AE0206_SUB
Published By: State Bar of Wisconsin PINNACLE
ISBN: 978-1-57862-645-8

Help your clients avoid the dramatic costs and damaging conflicts that may arise by not knowing the law. Hiring and Firing in Wisconsin offers a comprehensive overview of the laws governing employee screening, hiring, and employment termination, focusing mainly on Wisconsin law, but discussing federal law as it relates to Wisconsin employment practices.

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Help your clients avoid the dramatic costs and damaging conflicts that may arise by not knowing the law. Hiring and Firing in Wisconsin offers a comprehensive overview of the laws governing employee screening, hiring, and employment termination, focusing mainly on Wisconsin law, but discussing federal law as it relates to Wisconsin employment practices.

Read More ↓

322+ pp.; 8th ed. 2022-23

Includes 2023-24 Supplement

I. Hiring

1. Discrimination in Hiring
2. Recruiting, Application Forms, and Interviews
3. Credit Reports and Reference Checks
4. Testing and Screening
5. The Hiring Decision

II. Termination

6. Types of Termination
7. Limitations on an Employer's Right to Terminate
8. The Termination Decision
9. Termination Payments
10. Legal Issues in Providing References

Appendices

  • Avoiding "Loaded Interview" Questions (DWD)
  • Employment Eligibility Verification (INS Form I-9)
  • Prescribed Summary of Consumer Rights Under the Fair Credit Reporting Act (16 C.F.R. pt. 601, app. A)
  • Employment Termination Checklist

The 2023-2024 supplement includes a number of changes such as:

  • The EEOC’s guidance on how employers can comply with the Americans with Disabilities Act (ADA) while using software that relies on algorithmic decision-making
  • 2022 Seventh Circuit decisions explaining an employee’s burden in constructive discharge cases, addressing third-party retaliation claims and limitations on an employer’s right to terminate in cases involving unusual and dangerous job assignments, and analyzing whether an individual posed a direct threat to the health and safety of the individual or others as pertains to the ADA 
  • Discussion of the Pregnant Workers Fairness Act and the Speak Out Act
  • The Federal Trade Commission’s January 2023 Notice of Proposed Rulemaking on noncompete agreements
  • 2022 Wisconsin Court of Appeals decisions considering the enforceability of confidentiality agreements and the elements of a negligent-hiring claim

The 2022-2023 revision includes a number of changes such as:

  • Age-discrimination findings made in 2021 by the Seventh Circuit Court of Appeals and the Western District of Wisconsin
  • The Wisconsin Supreme Court’s 2022 analysis of whether the substantial-relationship exception to the Wisconsin Fair Employment Act’s general prohibition against conviction-record discrimination should be applied to a domestic-violence conviction in the same way the prohibition is applied to convictions for other violent crimes
  • Updated discussions of local ordinances prohibiting discrimination on various bases, including domestic partnership, hair style, sex, and physical appearance
  • 2022 Seventh Circuit Court of Appeals and 2021 Eastern District of Wisconsin cases addressing constructive discharge
  • 2021 decisions by the U.S. District Courts for the Eastern and Western Districts of Wisconsin discussing whether to extend the public-policy exception to the employment-at-will doctrine to an employee who was terminated for speaking to a third party about a confidential issue and to an employee who was terminated after demanding COVID-19 safeguards

State Bar of Wisconsin PINNACLE® is the premier publisher of practice guides and handbooks for Wisconsin's attorneys, written by Wisconsin's attorneys. PINNACLE relies on the expertise and contributions of volunteers from within the State Bar of Wisconsin membership to help develop and deliver timely, relevant information to assist Wisconsin's attorneys provide the highest-quality representation and service.

About the Authors

For an in depth view of the content in this book, please click to view Table of Contents.

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Books UnBound® is the exclusive online digital resource from State Bar of Wisconsin PINNACLE® books that Wisconsin attorneys have trusted and relied on for decades, including all the “brown binders” and other treatises, the Wisconsin Attorney’s Desk Reference, Wisconsin Judicial Benchbooks, and now all of our most recent books previously released in print only. Featuring a fast, user-friendly interface protected by two-factor authentication, a powerful search function, an expanded notes feature, and one-click access to Fastcase and other primary law resources, Books UnBound is a one-stop shop for all your legal research needs.

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