NOTHING BEATS RESULTS!

Wessels Sherman Attorneys get results in every facet of our practice. Whether assisting other lawyers as co/local counsel or representing our own clientele, from Fortune 500 to small family owned employers, our attorneys strive to achieve victory for employers on each and every matter we work on. Our attorneys have the experience and determination to take on the labor unions and their trust funds, the difficult employee litigants and even the state and federal administrative agencies when they come after employers. The following is a list of recent victories from across the Midwest, in IL, WI, MN, IN and IA in labor, employment and immigration matters.

• Obtained stunning concessions from the Illinois Department of Labor (IDOL) that essentially allowed client to continue doing public work on an indefinite basis, avoiding formal debarment from such work which would have cut our client's revenues by over 50%. This result was obtained only after we executed a creative and aggressive litigation plan against the IDOL.
• The denial of unemployment benefits on the basis of misconduct to a production line worker and a subsequent affirmation by LIRC in a Wisconsin case involving excessive absenteeism and tardiness.
• On appeal, a court upheld an administrative decision that dismissed disability discrimination charges brought by a truck driver with "Wilson's Disease." The case pitted the plaintiff's right to an individualized evaluation and treatment of his condition, against broader safety concerns involving developing D.O.T. regulations for drivers.
• Obtained full dismissal of reverse discrimination charge brought against large piping company at the Indiana Equal Employment Opportunity Commission.
• Recently, we obtained a judgment on behalf of an Illinois client against one of its former employees for business defamation (receiving for our client a judgment that not only included compensatory damages, but punitive damages as well). That's the good news. The great news is that we just received word that the defendant liquidated assets and paid our client in full in complete satisfaction of the underlying judgment.
• A no probable cause finding in a Wisconsin discrimination case where the employer offered extended leaves of absence following an injury, even after the treating physician provided conflicting information. The employee alleged disability and retaliation, both of which were dismissed by the Equal Rights Division.
• Numerous unfair labor practice charges filed with the NLRB by the Teamsters union against a logistics company at the Minneapolis/St. Paul airport were dismissed in their entirety following a lengthy investigation. Our lawyers submitted detailed legal analysis on novel labor law issues involved in the case, including changes made during the "critical period" of an election.
• Obtained dismissal of retaliation claim brought against southern Indiana trucking company under the Surface Transportation Assistance Act.
• An Illinois business was thrilled to owe not one cent to the Illinois Department of Employment Security upon audit - even though this business was a heavy user of independent contractor sales people. The business proved to the satisfaction of the IDES auditor that these sales people were all "direct sellers," and therefore not properly classified as employees for IDES purposes. The
• direct sellers were found to be independent contractors: hence, the business did not owe the IDES any assessment for treating the direct sellers as non-employees. The key to this audit victory was understanding the IDES direct seller exemption and convincing the auditor that the company fit all parts of the direct seller test.
• A victory in a Wisconsin administrative appeal finding that the employee was terminated for misconduct and requiring the former employee to repay all unemployment compensation benefits that he had received. The employer learned that its long-time salesman was using company property, time and information to solicit business for his own competing side business.
• Discrimination charges filed in Minnesota by a temporary employee supplied by an outside firm were dismissed, though not because our client could not be considered an "employer" under the law. Employers are advised to be aware of possible claims from temporary or other so-called "contingent workers."
• Negotiated reduction of back wage liability imposed by the U.S. Department of Labor on a central Indiana business from $550,000 to $80,000.
• Successfully represented large Illinois based manufacturer in a disability discrimination matter filed with the EEOC. Obtained dismissal from the EEOC less than 30 days following a detailed and hard-hitting statement of position demonstrating that 1) employee was not "disabled" under the law and 2) even if the EEOC assumed employee was "disabled" he still couldn't prevail because client reasonably accommodated him through a medical leave of absence.
• The denial of reinstatement to a Teamsters union employee in a Wisconsin arbitration case where the service employee had misrepresented to the employer that he completed service work that he, in fact, had not performed.
• Dismissal of 14 SALT and unfair labor practices charges brought against electric company by the International Brotherhood of Electrical Workers in southern Indiana for failure to hire.
• After a formal hearing before the State of Pennsylvania's Unemployment Insurance Office, obtained a decision that our client's sales representatives were not employees for state unemployment purposes. This decision was critical to client in maintaining its direct-seller business model, and saving the company tens of thousands of dollars in unemployment taxes.
• The denial of unemployment benefits in a Wisconsin case on the basis of misconduct to a health care employee who had dispensed the wrong medication to a patient after having been warned for previously committing the same error.
• A number of collective bargaining agreements have been settled this year on terms favorable to our clients, while avoiding any labor disputes. These include contracts in the nursing home industry, building and construction, transportation and warehousing. At the same time, our Minnesota office has stopped several union card-signing campaigns before an organizing petition could be filed.
• Obtained a cease picketing order against the International Brotherhood of Electrical Workers in southern Indiana.
• Wessels Sherman aggressively represents employers in all types of OSHA matters. Recently, we obtained three "back-to-back-to-back" victories, for three different clients, versus employees alleging they were retaliated against for filing safety complaints with OSHA. Wessels Sherman, working closely with each client, successfully showed OSHA that each employee was terminated for legitimate
• business reasons that had no relation to any alleged safety complaint.
• The denial of unemployment benefits in Wisconsin where the employee unsuccessfully argued that she had quit "for cause" because she disliked the company's drug testing policy and the fact that her daughter, also employed at the company, had been tested under the policy for suspicion of intoxication.
• A Department of Justice ("DOJ") investigation resulted in dismissal of charges of citizenship discrimination, where the investigator agreed with our Minnesota response team's argument that the employer's refusal to hire the charging party was justified for business reasons. The DOJ's initial interest in an expansive investigation of company hiring practices was curtailed by this decision.
• Our Minnesota attorneys obtained dismissal of several disability discrimination charges before the EEOC and/or state (MDHR) and local Administrative Agencies, either on findings that disability status was not sufficiently proven or because the defense that our clients had satisfied all required measures of "reasonable accommodation" had been established. Included in these decisions were a couple of complicated mental disability claims that required particular care in responding to the allegations.
• Obtained dismissal of Unfair Labor Relations charges filed at the National Labor Relations Board against large retail grocer, brought by the UFCW in northern Indiana.
• Our Illinois attorneys obtained dismissal of NLRB discrimination charges concerning termination of an employees.
• The dismissal of disability claims on summary judgment in a federal court case in Nevada where the plaintiff, a service technician, claimed that he was "regarded as" disabled by the company because it previously voluntarily provided a job modification ("reasonable accommodation") to him.
• Federal court victory over Bricklayers Trust Fund. In a precedent-setting decision, the court dismissed the Fund's lawsuit against a contractor who had signed an ambiguous document the Fund claimed obligated the company to make pension fund contributions on behalf of its workers. Minnesota attorneys Jim Sherman and Kevin Mosher proved at trial that the Union defrauded the employer, thus rendering the asserted contract void.
• Obtained favorable arbitration decision on behalf of client against United Steelworkers of America. Arbitrator found that company, not union or employees, had the right to direct its workforce and to determine when bid process for job positions was required.
• Won unanimously an NLRB Election in Illinois for a construction company against Local 150.
• A dismissal by the EEOC of a case where an office employee alleged that co-workers were "out to get her" because of her race, claiming that items were moved on her desk, her computer was sabotaged and her car broken into (with nothing on or in the vehicle broken or disturbed). The company investigated and documented each and every complaint by the employee, determining that they were unfounded.
• Obtained favorable arbitration decision on behalf of retail store on random drug testing policy. Arbitrator ruled that company's random drug testing policy did not violate, among other things, terms of collective bargaining agreement.
• Stopped card signing campaigns at a large distribution company.
• A no probable cause finding in a case where a factory employee alleged age and gender discrimination.
• Minnesota Department of Human Rights dismissed multiple complaints of age discrimination in the workplace. Wessels Sherman successfully argued that even though younger employees had been paid arguably higher wages, the differences in the positions and history of employment justified the differential.
• Supervised three (3) Affirmative Action (OFCCP) Audits that were resolved without an on-site visit by the OFCCP.
• Obtained dismissal of an NLRB discrimination charge for a large manufacturer.
• A dismissal of a retaliation claim by the Appeals Board of the Utah Labor Commission vacating an erroneous administrative law judge's decision which had awarded the employee over $190,000 in damages.
• Immigration Service (CIS) approves complicated visa for a highly skilled manufacturing employee. Proving that Wessels Sherman thinks outside-the-box and does everything it can for its clients, Attorney Kevin Mosher utilized everything from letters of support from a senator and a local mayor, to testimonials from clients and magazine articles to obtain a transfer visa for a highly skilled worker.
• Obtained dismissal of NLRB Charges alleging recognizing of Union via card signing.
• Won an election for a local construction company against the Teamsters.
• Attorney Jim Sherman successfully defended a Rochester employer in a same-sex harassment charge brought before the Minnesota Department of Human Rights.
• Won an NLRB Election for a large technical school against the machinists.
• Obtained dismissal of an NLRB charge seeking back pay for a group of janitors.
• Wessels Sherman Attorneys in Minnesota, in conjunction with out-of-state co-counsel, help put away federal court lawsuit involving multiple claims under ADEA, ADA, and FLSA.
• Obtained dismissal of NLRB Charges alleging interference with Decertification process.
• Won an election for a trucking company in an NLRB Election in Atlanta.
• Stopped card signing campaign at a large nursing home against the UFCW.
• Obtained withdrawal of an NLRB Election petition for a large trucking company in Western Illinois.
• Obtained withdrawal of an NLRB Election petition for a construction company against the Carpenters.
• Obtained withdrawal of representation for an Illinois painting company.
• Won an election for a large food distribution company against the Teamsters.
• Won a decertification election for a manufacturer against the Teamsters.
• Obtained dismissal of several NLRB unfair labor practice charges filed by the Steelworkers against a manufacturer.
• Obtained withdrawal of an NLRB Election petition for a sheetmetal company filed by the Teamsters.
• The Iowa office continues to be successful in having cases administratively closed in the Davenport Civil Rights Commission, Iowa Civil Rights Commission and the EEOC. Additionally, the Iowa office has been successful in dealing with claims filed with the Illinois Department of Employment Security and the Illinois Department of Labor.