Chuck Pautsch

Jesse R. Dill

Arnstein & Lehr Milwaukee Partner Chuck Pautsch and Associate Jesse R. Dill authored the article “Court cases are shaping social media law,” which appeared in the January 24 issue of BizTimes.com, which covers Milwaukee and southeastern Wisconsin business news. The article describes how companies can protect their social media accounts and online assets when employees leave employment.

To view the article in full, click here.

Lori Adelson

Arnstein & Lehr Fort Lauderdale Partner Lori Adelson was quoted in the January 26 issue of Forbes.com. The article titled “Workplace Snitching: If You See Something, Should You Say Something” discusses how one in five employees report they have been the victim of abusive retaliation for reporting bad behavior on the job. Ms. Adelson, who represents employers in retaliation suits, comments on how the tough economy may be making the situation worse, as Florida has experienced an unprecedented number of claims against employers and is one of the most depressed economies in the country.

To view the article in full, click here.

E. Jason Tremblay

Arnstein & Lehr Partner E. Jason Tremblay authored the article, “5 ways to protect your company when a key employee departs,” which appeared in the January 23 edition of Inside Counsel. In the article, he stresses the importance for all companies to know what steps to take when an employee decides to leave, especially in circumstances where he or she leaves to work for a competitor.

Mr. Tremblay’s article appearing in Inside Counsel:

5 ways to protect your company when a key employee departs
In this competitive business world, it’s crucial to properly handle an employee’s departure, especially to a competitor

Employees frequently resign to work for competitors. This is likely to happen irrespective of whether they have signed a restrictive covenant. Therefore, in this competitive business world, it is important for all companies to know what steps to take when an employee decides to leave, especially in circumstances where he or she leaves to work for a competitor.

1. Prevent further access to company information
   Once an employee advises the company of their departure, it is critical to assume the worse and that the employee may engage in conduct that is harmful to the company. After all, there is a reason why he or she is leaving the company. The employee should be immediately relieved of any duties that would expose the employee to confidential information or the company’s customers. Passwords and email accounts should be disabled. The employee should be restricted from access to areas where confidential information is kept. The company also should request that the employee return all company-owned equipment such as laptops, cell phones or PDAs that would contain confidential business information, as well as all documents received from or generated during his or her employment.

To read the article in full, including all five steps, please click here.

Lori Adelson

Employers must be mindful of how they use criminal background information in making hiring decisions to avoid liability for failing to hire an applicant. Employers may not simply reject an applicant solely because they have an arrest record and/or “criminal” history. Rather, the employer must consider the impact of a conviction on the particular job.

Case in point – Pepsi Beverages (formerly Pepsi Bottling Co.) recently agreed to a pre-litigation settlement in the amount of $3.13 million dollars to resolve charges by the Equal Employment Opportunity Commission that it improperly considered arrest records in making hiring decisions. The EEOC claimed that as a result 300 otherwise-qualified African-American applicants were rejected because it appeared that Pepsi was flatly rejecting anyone with a criminal record instead of considering the conviction on the particular job. As part of the settlement, Pepsi is revising its employment policies, in addition to offering the 300 applicants positions with Pepsi.

The bottom line – MAKE SURE THE CRIME FITS THE JOB! Businesses should consult with their legal counsel and advisors to discuss a management training program that will best serve their needs to ensure they make appropriate employment decisions.

E. Jason Tremblay

Arnstein & Lehr Partner E. Jason Tremblay authored the article, “7 ways to protect your company when hiring from a competitor,” which appeared in the January 9 edition of Inside Counsel. In the article Mr. Tremblay recommends, when hiring a competitor’s employee, that a company should take certain steps to reduce the likelihood of being sued. He offers seven tips for the hiring process and how to behave once they start working.

Mr. Tremblay’s article appearing in Inside Counsel:

7 ways to protect your company when hiring from a competitor
Tips for the hiring process and how to behave once they start working for you

1. Investigate the employee’s employment background
   At the outset, it is advisable to determine whether there is any restrictive covenant limiting the employee’s employment rights. If so, it is prudent to discuss this fact with the prospective employee, obtain a copy of the covenant, determine whether the covenant is enforceable and evaluate whether the company should still hire the prospective employee.
2. Ensure that interviews are carefully conducted
   The company should make clear to the prospective employee that it is not interested in the competitor’s trade secrets and will honor valid restrictive covenants. An employer also should not review or accept any of the competitor’s documents that could be considered confidential and that the prospective employee may want to share with the company. Consider such documents “Exhibit A” in any lawsuit filed against the company by the competitor.

To continue reading the article, please click here.

E. Jason Tremblay

As it appeared in Inside Counsel

Orientation programs help to maximize employees’ commitment to the company.

To the extent you believe there is any relationship between an employee’s commitment to the company and the company’s performance, a new employee orientation program is an excellent first step in maximizing that correlation and getting the most from your employees.

Generally, and particularly in this competitive work environment, many employers feel that they do not have time to properly orientate new employees. And, if they do have the time, they feel as if the costs of such a program are outweighed by the possible benefits.

However, this sends a bad message to the employee from day one. An orientation program can communicate to new employees the values, beliefs, culture and history of the company, all of which can foster the desire for new employees to be committed to the company and its operations.

To read further about developing formal orientation programs for new employees,  please click here.

“The growth of this practice greatly strengthens our ability to serve clients with labor and employment needs throughout all of Arnstein & Lehr’s markets,” said Ray Werner, managing partner of Arnstein & Lehr, a Chicago-based law firm. “Building upon the success of our labor and employment practice, the Milwaukee office marks the latest milestone in the firm’s commitment to expansion in response to client needs.”

Pautsch will serve as managing partner of Arnstein & Lehr’s Milwaukee office but will also maintain a Chicago office to strengthen the employment services for the firm’s clients in Chicago. He is the former managing partner of Jackson Lewis’ Milwaukee office and brings more than 34 years of labor and employment experience to Arnstein & Lehr.

“We are excited to join such a storied law firm as Arnstein & Lehr,” said Pautsch, who is licensed to practice in both Wisconsin and Illinois. “I believe our depth and breadth of knowledge will certainly be an asset to the firm’s clients and reinforce the firm’s already strong practice in this area.”

Arnstein & Lehr’s Milwaukee office will be located in the Renaissance on Water building, in Milwaukee’s Historic Third Ward, in the city’s arts and fashion district, at 309 North Water Street, Suite 210.

The firm has developed a strong working relationship with the Milwaukee firm of Hodan, Doster & Ganzer SC and will continue its of counsel relationship with the Ganzer firm.

About the attorneys:

Charles W. Pautsch has concentrated his practice in labor and employment law for more than 34 years. His extensive experience includes litigating cases in federal and state courts and various federal and state administrative agencies, most particularly the National Labor Relations Board, Occupational Safety & Health Administration, the U.S. Department of Labor, the Human Rights Commission and Wisconsin’s Department of Workforce Development. He has served as lead counsel in more than 150 cases in federal courts alone, representing business clients in 20 federal districts in 13 states. Pautsch successfully handled Rule 23 class actions under Title VII, the Employee Retirement Income Security Act (ERISA) and the Americans with Disabilities Act (ADA) and collective class actions under the Fair Labor Standards Act (FLSA) and the Age Discrimination in Employment Act (ADEA). He is a graduate of North Central College and received his J.D., magna cum laude, from the University of Illinois at Urbana-Champaign.

Lisa A. Baiocchi concentrates her practice on labor and employment litigation in both state and federal court, and she represents clients in matters before administrative agencies. She received her J.D. from Marquette Law School, where she served as president of the Labor and Employment Law Society. Baiocchi is the founder and was president of the Student Animal Legal Defense Fund at Marquette. She received her undergraduate degree from the University of Wisconsin-Milwaukee.

Jesse R. Dill represents management in a variety of labor and employment law matters before state and federal courts. While in law school, he worked as a law clerk in the litigation department of Emerson Electric Company and as a legal intern for the Honorable Lynn Adelman of the Eastern District of Wisconsin. He was published by the Marquette Intellectual Property Law Review, where he also served as comments editor. Dill is a graduate of the University of Wisconsin-Madison and Marquette University Law School.

Mark A. Spognardi

Chicago Partner Mark A. Spognardi spoke at the ICPAS event, “Employment Issues,” on Tuesday, December 13. During his presentation, “Minimizing Risks and Liabilities in Layoffs and Reductions in Force,” Mr. Spognardi discussed various employment labor issues and how they affect businesses today. He also covered the American Recovery & Reinvestment Tax Act, issues that exist with terminating high-level executives and potential employment laws that are currently in the works.

E. Jason Tremblay

Chicago Partner E. Jason Tremblay was interviewed and quoted in a December 8 online article in Human Resources Executive titled “When HR Sues.” The article discusses litigation by HR professionals and the problems companies face when HR is involved in litigation. In the article, Mr. Tremblay offers several tips for staying out of court when it comes to HR professionals or any other employee.

To view the article in full, please click here.

E. Jason Tremblay

Arnstein & Lehr Partner E. Jason Tremblay was interviewed and quoted in a December 8 online article in Human Resources Executive titled “When HR Sues.” The article discusses litigation by HR professionals and the problems companies face when HR is involved in litigation. In the article, Mr. Tremblay offers several tips for staying out of court when it comes to HR professionals or any other employee.

To view the article in full, please click here.