Law Offices of Maxwell Charles Livingston is proud to announce its triumphant victory in McCray v. Wilkie, US Court of Appeals Case Number 19-3145 in the 7th Circuit Court of Appeals in a case on behalf of a disabled veteran employee and against his federal employer,...
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Firm News
Top 18 Best Employment Lawyers in Milwaukee for 2020
The Brookfield, Wisconsin-based Law Offices of Maxwell Charles Livingston is proud to have been named by Expertise.com as one of the Top 18 Best Employment Lawyers in Milwaukee for 2020. One of the few solo-practitioners selected, attorney Max Livingston offers...
Claim for Wrongful Termination in the State of Wisconsin Based on Race
Wisconsin is an at-will state, which means that an employer can terminate an employee for a non-discriminatory reason. However, if an employee is terminated because of his race, that is not permitted. However, it is not always so easy to prove that the reason for...
Claim for Hostile Work Environment in the State of Wisconsin Based on Race
The test for a hostile work environment claim is very, very high in the state of Wisconsin. For an employee to claim he or she has suffered from a hostile work environment on the basis of discriminatory treatment, he or she must prove that the “unfair” treatment on...
FMLA Issues: Restoration / Rehire Clause
Many times, employees are concerned to take FMLA leave for fear of losing their jobs. However, it is illegal for an employer to fail to rehire/restore the employee to the same or substantially equal position after he or she elects to take FMLA leave. An employee who...
On Call Pay – Wages while on lunch under FLSA (Seventh Circuit Analysis)
Whether you are an employer considering whether your on-call meal period pay policy is sufficient or an employee wondering whether your employer’s policy is sufficient, it is always advisable to consult counsel. In addition, the below synopsis can assist in a starting...
Should I Incorporate My Business?
If you're a business owner, you've probably thought about incorporating. After all, incorporating means you can build a stronger business, enjoy a whole host of tax benefits, and protect your personal assets. But how do you know which entity type to choose? What are...
When to Proceed to Mediation
In this guide, I list reasons to go to mediation first. While participating in mediation does not prevent participants from going to court later, it offers them a chance to resolve disputes earlier on. Furthermore, it empowers them through leading to more beneficial...
When to Litigate
Sometimes, it’s better to proceed straight to court. While mediation should be encouraged almost all the time, there are instances in which it’s better to avoid mediation. You want to set a precedent Especially if you are public service agency, like the EPA, you might...