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I have a question regarding WI Act 10. My daughter is a teacher.

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I have a question regarding WI Act 10. My daughter is a teacher. She was employed by the Marshfield district, and was hired in August 2012 by Oshkosh. She was told by her union reps in Oshkosh that under Act 10 school districts are not allowed to enforce the penalties for breaking the contract. Do you know of an attorney we can consult with?

Hello Peggy,

My name isXXXXX a licensed attorney. Glad to try and help out.

Sure sorry for the circumstances, truly. My heart goes out to you folks.

Your daughter is fortunate to have you in her corner. I commend you for caring.

Here's how this works. Unfortunately, what she's been told is indeed correct, as follows. The Wisconsin Budget Repair Bill [2011 Wisconsin Act 10] was upheld by the United States Court of Appeals for the Seventh Circuit just this January (2013). In my personal opinion, I was saddened by both the legislation and the judicial decision leaving it intact. I couldn't disagree more with these actions.

However, get ready for yet another twist. Just yesterday (literally), the Attorney General announced that he won't ask the Wisconsin Supreme Court to temporarily reinstate part of law as it severely restricts collective bargaining by public employees' unions. This stemmed from unions in Madison and Milwaukee challenging the law, and the Attorney General also announced he's convinced the ruling applies only to these two cities.

So, the botXXXXX XXXXXne is if it all looks like a huge mess, it is indeed just that. The law in a true state of flux and uncertainty at this juncture. In all candor, even attorneys and Judges don't know where things stand at this exact moment. I realize that what your daughter needs more than legal theory is practical guidance and advice, so in that respect I'm happy to offer my very best recommendation.

If I were in her shoes, and especially given this rather baffling and messy state of affairs, I would turn to the most trusted resource. Plus, the all inclusive cost is $20, which means for both the referral and the actual attorney time. That's an unheard of bargain in today's legal world. If she would like to proceed, here's everything your daughter needs to schedule an appointment:

State Bar of Wisconsin's Lawyer Referral and Information Service

If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.

I truly hope all works out for both of your daughter.

Take care,

Ben, J.D.

LawHelpNow and other Employment Law Specialists are ready to help you
Hello Peggy,

I enjoyed working with you recently.

How are things going?

Is there anything else I can do to help?

Please just let me know.


Ben, J.D.

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