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Can a Bankruptcy Court “Leap Frog” Workers’ Priorities When It Dismisses a Case?

Frederick Perillo
Written by: Frederick Perillo

The Supreme Court held today that a bankruptcy court cannot approve a settlement as part of a “structured dismissal” of a case if the settlement “leap frogs” over workers’ priority claims.  The decision in Czyzewski v. Jevic Holding Corp. is an important victory for workers in bankruptcy cases. Sun Capital purchased Jevic as part of […]

What money can I recover from a personal injury claim?

David McCormick
Written by: David McCormick

A personal injury claim can be comprised of various types of damages. Because of our reputation and experience we are typically successful in settling our client’s cases without the need for litigation. However, when analyzing the settlement value of a case, it is useful to consider that a typical jury verdict requires the jurors to […]

Investigating Grievances Through Information Requests

Frederick Perillo
Written by: Frederick Perillo

One of the major advantages of a collective bargaining agreement is the ability of the union to arbitrate grievances.  The National Labor Relations Act provides the union an inexpensive and effective way to investigate many of these claims. More than 60 years ago, the Supreme Court held that if a claim is raised by a […]

How does an off-duty DUI or Serious Traffic Violation affect my CDL?

Frederick Perillo
Written by: Frederick Perillo

Federal regulations disqualify a CDL holder for violations committed in his or her personal vehicle.  These violations include alcohol or drug convictions, but also other serious events, such as railroad-crossing violations. A CDL holder must be disqualified if he or she is convicted of a drug or alcohol related offense in a personal vehicle, such […]

Illness vs. Serious Health Condition: What kinds of absences are FMLA protected and when?

Sara Geenen
Written by: Sara Geenen

Cold and flu season is upon us – but how sick is too sick to work? And, what kind of illness do you have in order to be eligible for and protected by FMLA leave? While some municipalities and states are enacting legislation that provide workers with paid and protected time off work for minor […]

What’s Your Priority? Treatment of Owed Wages in Bankruptcy.

Frederick Perillo
Written by: Frederick Perillo

The federal Bankruptcy Code gives workers a “priority” for wages and wage-like benefits such as sick leave, vacation pay, severance pay and so on.  Things like WARN Act damages for plant closings are included in these sums. This priority does not mean that wages are secured claims—they are not—nor are they first priority expenses as […]

Why it is so Important to Seek Prompt Medical Treatment and Provide an Accurate Description of the Injury if you are Injured on the Job

Jack Davila
Written by: Jack Davila

If you are injured on the job, what do the Wisconsin statutes say about providing your doctor with an accurate history of the injury? Actually, they don’t say anything. It is purely a matter of common sense. The workers compensation insurance carrier is entitled by statute to obtain your medical records if you make a […]

Wages and Benefits Where An Employer Goes Out of Business or Declares Bankruptcy

Frederick Perillo
Written by: Frederick Perillo

If your employer goes into bankruptcy or receivership, or your employer simply goes out of business, then the question whether or not you will get paid your wages and your accumulated benefits depends on several factors.  First, is the business still operating?  Second, are you in a federal bankruptcy or a state receivership, or liquidating […]

The Interaction Between FMLA and Workers Compensation: Can I Be Required to Use FMLA Leave for My Work Related Injury?

Jill Hartley
Written by: Jill Hartley

Where an employee is injured at work, one frequent question is whether the employee can be forced to use their available Family and Medical Leave Act (FMLA) leave to cover the work related injury.  The FMLA entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave each year – with continued group […]

The Previant Law Firm Obtains Jury Verdict More Than Six Times The Amount Offered by the Insurance Company

Casey Shorts
Written by: Casey Shorts

As most people know, personal injury cases are typically settled out of court.  At The Previant Law Firm, settlement offers are generally high as we have a strong reputation for trying cases and keeping insurance companies honest.  When an insurance company is low balling a client by offering too little compensation to settle a claim […]

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