Judge Louis B. Butler, Jr. on Employer and Employee Rights

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Stoughton Trailers, Inc. v. Labor & Industry Review Commission (2007)


  • Justice Louis Butler authored the majority opinion, which concluded, over vigorous dissent, that Wisconsin employers were required to extend "clemency" to employees who were absent from work for medical reasons, even where many of the absences are unrelated to medical reasons. In doing so, the Majority effectively eviscerates any employer attendance requirements. According to the dissent, authored by David T. Prosser, the Majority's rule "requires an employer to suspend its attendance requirements even if an employee fails to submit medical documentation confirming that his absence was disability related."

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