Robert K. Sholl is a shareholder in the firm's Labor and Employment Practice, as well as a member of the firm's Litigation Practice.
He has been advising and defending employers in the full range of labor and employment law matters for more than 30 years.
Chambers USA: America's Leading Lawyers for Business writes that Mr. Sholl "comes highly recommended by peers as a 'skillful, analytical and persistent attorney, who is a good evaluator of cases and a practical advisor'" (2008), that he "impresses his clients with his knowledge, practical advice and 'low-key but incredibly effective courtroom manner'" (2009), and that he "receives considerable praise from clients, who appreciate his 'great bedside manner and calm, analytical approach and measured tone'" (2010). Several of Mr. Sholl's clients offered their comments to Best Lawyers in America. Click here to read what they have to say.
Mr. Sholl represents management exclusively. His employment practice encompasses employment discrimination, workplace harassment, noncompete agreements, whistleblower and breach of employment contract lawsuits before state and federal agencies and courts. He defends employers in unemployment and worker's compensation hearings, wage/hour disputes and employee health and safety disputes. His traditional labor practice includes collective bargaining, unfair labor practice hearings before the National Labor Relations Board and labor arbitrations.
Representative Matters and Experience
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Successfully defends race, age, disability and other employment discrimination claims brought after employers terminate underperforming employees. Most recently, he obtained a directed verdict in a disability discrimination lawsuit, in which the plaintiff alleged he was terminated the day after he announced he needed surgery for a chronic medical condition and would be off of work for a significant period of time.
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Counsels numerous companies through reductions-in-force and/or plant closings, including assisting unionized employers in bargaining over the effects of mass layoffs or plant closings and in fulfilling the obligations imposed by their collective bargaining agreements and by the Worker Adjustment and Retraining Notification Act.
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Successfully defends unionized employers in labor arbitrations. Recently, in a case in which the union challenged the employer's right to require post-accident medical testing, he obtained an arbitration decision ordering the employee to undergo evaluation by an independent health care provider, thereby allowing the employer to determine whether the employee was "fit for duty," and to satisfy its duty to maintain a safe workplace.
Notable Publications
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Co-author of a three-volume treatise for attorneys, Wisconsin Employment Law, and co-author of Hiring and Firing in Wisconsin, each published by the State Bar of Wisconsin and updated bi-annually; the latter received the Award of Professional Excellence from the American Continuing Legal Education Association.
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Co-author of "Age Discrimination and the Modern Reduction in Force," published in the Marquette Law Review.
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Co-author of "Agreements to Arbitrate Statutory Employment Claims," "Plant Closing Legislation" and "Family & Medical Leave Acts: Where Lie the 'Greater Rights'?," all three articles published in the Wisconsin Lawyer; the last was awarded a Certificate of Commendation by the State Bar of Wisconsin.
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Author of "Wrongful Discharge in Wisconsin: The Supreme Court Retrenches," "Does Wisconsin's Fair Employment Act Provide a Private Civil Cause of Action?" and "An Employment Discrimination Hearing on the Merits-If Merited," all three articles published in the Milwaukee Lawyer.
Accolades
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Fellow, Litigation Counsel of America, The Trial Lawyer Honorary Society
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Member, The Trial Law Institute
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Best Lawyers in America (Employment Law-Management; Litigation-Labor and Employment Law)
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Chambers USA: America's Leading Lawyers for Business (Labor & Employment)
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Wisconsin Super Lawyers (Employment & Labor)
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Super Lawyers-Corporate Counsel Edition and Business Edition (Employment & Labor)
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Wisconsin Top Rated Lawyer Martindale-Hubbell AV® Preeminent™ Peer Review Rated
Affiliations/Memberships
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American Bar Association
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Wisconsin State Bar (former director, Labor and Employment Law Section)
- Employment Practices Committee of the Metro Milwaukee Society for Human Resources Management (former co-chair)
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Associate Council member of the Milwaukee County Council, Boy Scouts of America
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Board member of the Milwaukee Children's Choir, Inc.
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Graduate of Future Milwaukee (2003)
Education
- J.D., University of Chicago Law School
- M.A., University of Warwick Business School (Industrial Relations)
- A.B., magna cum laude, Dartmouth College; Phi Beta Kappa, Highest Distinction in Major