Victor Forberger — labor, employment, and unemployment matters
For evaluation (small fee): 608.352.0138

Wisconsin labor and employment attorney

Work is where almost all of us spend our productive lives, and so it is vitally important that the workplace provide fair treatment to all. Unfortunately, too often the workplace is hardly fair. Indeed, workplace law is traditionally built around the concept of employee-at-will — where employees can be fired for any reason or no reason, at any time, under any circumstance, and where there is no requirement for even good faith dealing.

As a result, discrimination and harassment from supervisors and even co-workers are all too common. So too are situations when employees are not paid the overtime wages, holiday or vacation pay, or even the basic wages and minimum wages due them. Only by fighting for your rights in these matters can you actually gain what is due you — fair treatment and all the wages due you for your work. But, these kinds of cases can be incredibly complicated and having a knowledgeable attorney at your side is crucial in most cases.

For those employers who value their employees and who want to treat them fairly, the road they need to take is just as difficult. Not only must they depart from their competitors who are lowering their short-term operational costs by cheating their own employees, they also need to face the every day competition of running their businesses in difficult economic times. To compensate, fair-minded employers have to be even more efficient while also open to new decision-making routines that can undo established company practices. Effective personnel planning that includes a system of checks and balances and which allow for multiple lines of communication about personnel matters are crucial for such employers to survive in the long-term.

Unemployment representation

Because fees in unemployment cases are capped at ten percent of the benefit amount by statute, most attorneys do not take unemployment cases. As one of the supervising attorneys at the Madison unemployment clinic and author of a blog on Wisconsin unemployment law, I have expertise that allows me to provide cost-effective representation in these kinds of cases. Those who live in Dane County should contact the Madison unemployment clinic first. But, those folks from other parts of the state should give me a call to see what might be done about their unemployment case.

Who I am

Before moving to Wisconsin, I worked in Massachusetts for a year and a half as an administrative law judge for unemployment appeals and then for four years as a hearing officer for the Massachusetts labor commission. During that time, I heard more than 400 unemployment cases and presided over dozens of unfair labor practice proceedings as well as representation petitions.

At present, I have a small solo practice and volunteer in numerous ways, including serving as the supervising attorney for the Unemployment Compensation Appeals Clinic in Madison, Wisconsin and helping out with Madison Area Job Transition.

As a solo practitioner, I have successfully represented employees and employers in cases involving workplace race or gender discrimination, just cause for a discharge or discipline, disability or age discrimination, workplace harassment, bargaining for a new collective bargaining agreement, and unemployment cases involving concealment allegations, quits for good cause, discharges for misconduct and substantial fault, drug and alcohol testing (including the science of hair testing) as well as other matters.

Here is a partial list of the unemployment cases:
  • Gussert v. Springhetti Landscaping and DWD, UI Hearing Nos.16400598AP through 16400609AP (27 January 2017) -- a day-long hearing finding no concealment because the claim-filing mistakes were unintentional and almost completely harmless.
  • Covarrubio-Martinez v. Springhetti Landscaping and DWD, UI Hearing Nos.16400580AP, 16400581AP, and 16400583AP through 16400588AP (28 June 2017) -- an interpreted hearing that took two and half days and that held no concealment occurred because the claim-filing mistakes were not intentional and were based on understandable confusion about how to file a claim correctly.
  • Employer aiding and abetting concealment -- employer charged for aiding and abetting claimant fraud for making nothing more than a reporting error to the Department and so dismissed.
  • Easterling v. LIRC, 2017 WI App 18 -- finding that the substantial fault disqualification does not include unintentional or negligent mistakes on the job, as those mistakes qualify as inadvertent errors.
  • DWD v. LIRC (Hogan et al.), 2016 WI App 21 -- the Department's failure to follow the venue requirements in unemployment cases means those cases should be dismissed and that transfer or consolidation of the mis-filed cases were not possible.
  • Brandt v. Scot Forge, UI Hearing No. 09006150MD (18 July 2013) -- finding after two days of expert testimony on the science of testing hair for drug use that hair tests are not reliable evidence of drug use.
My focus in any litigation is making sure your concerns remain at the center of the case and that you are as protected as possible from the fallout of a case. Litigation is never easy and often too long. With my experience and knowledge, I advise on what actually is happening at any given stage of a case and explain what is likely to happen next. In this way, you have both a sword and a shield with you.

Finally, as a solo practitioner I know there are numerous situations where help should be called upon. Winning a case too often hinges on which side can marshal the greatest legal resources in its support. Accordingly, I have often turned to other lawyers for assistance and support in cases, including Sharon McLaughlin of Rose Law S.C., MacGillis Wiemer, LLC, Marilyn Townsend Law Office, Mahadev Law Group, LLC, Law Office of Syovata Edari, and House Law Office.

To learn more about me and what I can do for you, call me at 608-352-0138 or send me an e-mail message.

Disclaimer

The information here represents my thoughts on the law, various legal issues, and my experience as a lawyer. It is not intended as legal advice. I invite you to contact me for a free consultation about your particular situation. But, keep in mind that I cannot offer legal advice without an agreed upon legal representation agreement. Sending an e-mail message to me or calling me by phone does not establish an attorney-client relationship.

Any testimonials or endorsements contained here in this site do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. The results in each case were dependent on the facts of each individual case, and the results in any case will vary based on the facts and law relevant to that particular case. Furthermore, not only is each case different, but what that case might mean will vary on the legal jurisdiction for that case. I am a member of the Massachusetts and Wisconsin state bars and limit my practice to those states.

The links provided on this website are provided for general informational purposes only and such links are not comprehensive to the individual needs of any user. Many of the links are to websites operated by parties not affiliated with attorney Victor Forberger. The links on this website are not intended to be referrals or endorsements of the linked entities. You should consult an attorney for advice regarding your individual situation before acting or relying on any information that you obtain from this website or any of the linked websites.

Resources

  • Wisconsin Employment Relations Commission
  • Federal Labor Relations Authority
  • National Labor Relations Board
  • Federal Mediation and Conciliation Service

  • Merit Systems Protection Board

  • State Law Library Employment Links
  • Job Hero - Employment Law Resource Guide

  • US Dep't of Labor
  • US EEOC
  • DWD Equal Rights Division
  • Madison Dep't of Civil Rights
  • LIRC Discrimination Outline/Guide
  • LIRC Discrimination Decisions

  • Unemployment Appeals Clinic
  • Wisconsin Unemployment Blog - UI NEWS

  • Unemployment Law Guide

  • DWD Unemployment Resources
  • DWD Unemployment Contacts
  • LIRC Unemployment Decisions
  • LIRC Unemployment Outline/Guide

  • Madison Area Job Transition
workplace justice scales in balance

Contacting me securely

I am available on Signal Private Messenger for iPhone and Android as well as Telegram. I am also available on Mastodon. Please note, however, that Mastodon, like regular e-mail messages, does not allow for confidential communication.

My e-mail address is:
I have an OpenPGP (also known as PGP, GnuPG, and GPG) key for signed and encrypted e-mail messages. For information about encrypted e-mail, see these EFF materials. Guides for setting up encrypted e-mail are available for Linux, Windows, and Mac. Another good guide for all three operating systems is here.

The public key connected to my fastmail account is available on all the usual key servers. Its fingerprint is:

53DF DDE9 9922 3EAC 25BC 6BD3 7F0F 5944 794E E6C0

justice

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Written by Victor Forberger