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Business Law

Recently, the Wisconsin Supreme Court issued an opinion in Ehlinger v. Hauser, 2010 WI 54 (June 25, 2010). This case provides us with important reminders of (1) why it is essential in a contract to say what you mean and mean what you say and (2) why it is necessary to…
Thursday, 13 May 2010 00:00

Search Committee Selection Process

Recent events in the news again have demonstrated the pitfalls of failing to develop or adhere to a disciplined process regarding the recruitment, selection, and offer of employment to a professional or other high level employee. Whether you operate in a for profit or not for profit organization, there are…
Tuesday, 13 April 2010 00:00

Applicants and Conviction Records

Yes, you can ask an applicant for employment if he or she has ever been convicted of a crime.  However, once you determine that the applicant has a criminal record, you cannot simply refuse to hire for that reason.  The Wisconsin Fair Employment Act prohibits discrimination on the basis of…
Thursday, 12 November 2009 00:00

Your Rights as a Landlord

In a University town such as Oshkosh, many property owners wish to make a return on their investment by renting out homes and apartments to college students. However, before making the leap and becoming a landlord, it is important to know not only what is expected of you, but what…
Thursday, 03 September 2009 00:00

Employing Your Children

If you own a business, you may want to employ your children. Not only will this provide them with valuable work experience, but it presents a way for you to offset some of your own income. But the IRS may closely scrutinize these payments. So what can you do to…
Thursday, 03 September 2009 00:00

Keys for Successful Non-Compete Clauses:

1. Have a legitimate business need 2. Be reasonable in terms of time, customers and geography 3. Be as specific as possible 4. Provide reasonable cash or benefits to the employee in return for the non-compete
Thursday, 03 September 2009 00:00

New Standard for Non-Compete Clauses

The Wisconsin Supreme Court adopted new standards that tend to save contracts designed to prevent ex-employees from competing with their former employers. In Star Direct v. Dal Pra, the Court determined that portions of a restrictive covenant may be enforced even after another section is deemed unenforceable, so long as the…
Thursday, 03 September 2009 00:00

A Great Time to Sell Your Business

Thinking of selling your business? Of course not. Our economy is in a significant recession, credit is tight, markets are down, and buyers are scarce. But, it is an excellent time to start thinking about selling your business, if that is consistent with your long-term plan. There are several questions…