Penalty for violations of ss. 134.25
Duplication of vessel hulls and parts.
Form retention and disposal.
Time of filing endorsed on telegrams delivered.
Telegraph; divulging message; preference in sending, etc.
Divulging message or forging receipt.
Companies to post copies of s. 134.37
Fraudulent knowledge of dispatch; injury to wires; interference.
Purchase and sale of certain scrap material.
Poles and wires on private property without owner's consent.
Privacy and cable television.
Contracts restricting days for exhibiting motion picture films; penalty.
Exhibition of explicit sexual material at outdoor theater.
Contracts for the display of free newspapers.
Renewals and extensions of business contracts.
Poultry dealing regulations.
Shipment of chickens.
Transportation and sale of cattle.
Detectives, settlement with employees.
Use of unauthorized persons as officers.
Felons, burglar alarm installation.
Cutting or transportation of evergreens.
Nitrous oxide; restrictions on sales; records of certain sales; labeling.
Cigarette and tobacco products retailer license.
Restrictions on sale or gift of cigarettes or nicotine or tobacco products.
Peddling finger alphabet cards prohibited.
Antique dealers and recyclers.
Pawnbrokers and secondhand article and jewelry dealers.
Flea markets; proof of ownership, receipts, returns.
Prohibition of certain unsolicited messages by facsimile machine.
Identification of prisoner making telephone solicitation.
Nondisclosure of information on receipts.
Beverage container regulation.
Home heating fuel dealers.
Water heater thermostat settings.
Automated teller machines; international charges.
Repair, replacement and refund under new motorized wheelchair warranties.
Uniform trade secrets act.
Sale of dextromethorphan to a minor without prescription prohibited.
Payment of commissions to independent sales representatives.
Violations against elderly or disabled persons.
Use of lodging establishments.
Disposal of records containing personal information.
Notice of unauthorized acquisition of personal information.
Parties to a violation.
Injury to business; restraint of will.
Any 2 or more persons who shall combine, associate, agree, mutually undertake or concert together for the purpose of willfully or maliciously injuring another in his or her reputation, trade, business or profession by any means whatever, or for the purpose of maliciously compelling another to do or perform any act against his or her will, or preventing or hindering another from doing or performing any lawful act shall be punished by imprisonment in the county jail not more than one year or by fine not exceeding $500.
History: 1993 a. 482
A complaint alleging a conspiracy for the purpose of injuring another by means of perjury and resulting damage states a claim upon which relief can be granted. Radue v. Dill, 74 Wis. 2d 239
, 246 N.W.2d 507
A doctor's personal service corporation was merely the alter ego of the doctor. The doctor and the corporation did not constitute “two or more persons" under this section. Wausau Medical Center v. Asplund, 182 Wis. 2d 274
, 514 N.W.2d 34
(Ct. App. 1994).
Malicious injury to reputation and business claims do not require the existence of a contract in order to lie. The economic loss doctrine does not apply in the case of an independent tort based on allegations distinct from any contract allegations that seeks separate, non-economic damages. Brew City Redevelopment Group, LLC v. The Ferchill Group, 2006 WI 128
, 297 Wis. 2d 606
, 724 N.W.2d 879
This section is a criminal statute, but Wisconsin courts have found an implied private right for victims of such conspiracies. To prove a claim under this section, a plaintiff must show that: 1) the defendants acted together; 2) with a common purpose to injure the plaintiff's reputation or business; 3) with malice; and 4) the plaintiff suffered financial harm. Kuryakyn Holdings, LLC v. Ciro, LLC, 242 F. Supp. 3d 789
Blacklisting and coercion of employees. 134.02(1)(1)
Any 2 or more persons, whether members of a partnership or company or stockholders in a corporation, who are employers of labor and who shall combine or agree to combine for any of the following purposes shall be fined not less than $100 nor more than $500, which fine shall be paid into the state treasury for the benefit of the school fund:
Preventing any person seeking employment from obtaining employment.
Procuring or causing the discharge of any employee by threats, promises, circulating blacklists or causing blacklists to be circulated.
After having discharged any employee, preventing or attempting to prevent the employee from obtaining employment with any other person, partnership, company or corporation by the means described in par. (a)
Authorizing, permitting or allowing any of their agents to blacklist any discharged employee or any employee who has voluntarily left the service of his or her employer.
Circulating a blacklist of an employee who has voluntarily left the service of an employer to prevent the employee's obtaining employment under any other employer.
Coercing or compelling any person to enter into an agreement not to unite with or become a member of any labor organization as a condition of his or her securing employment or continuing therein.
Nothing in this section shall prohibit any employer from giving any other employer, to whom a discharged employee has applied for employment, or to any bondsman or surety, a truthful statement of the reasons for the employee's discharge, when requested to do so by any of the following:
The person to whom the discharged employee has applied for employment.
It shall be a violation of this section to give a statement of the reasons for the employee's discharge with the intent to blacklist, hinder or prevent the discharged employee from obtaining employment.
Nothing contained in this section shall prohibit any employer from keeping for the employer's own information and protection a record showing the habits, character and competency of the employer's employees and the cause of the discharge or voluntary quitting of any of them.
History: 1993 a. 482
; 1995 a. 225
Preventing pursuit of work.
Any person who by threats, intimidation, force or coercion of any kind shall hinder or prevent any other person from engaging in or continuing in any lawful work or employment, either for himself or herself or as a wage worker, or who shall attempt to so hinder or prevent shall be punished by fine not exceeding $100 or by imprisonment in the county jail not more than 6 months, or by both fine and imprisonment in the discretion of the court. Nothing herein contained shall be construed to prohibit any person or persons off of the premises of such lawful work or employment from recommending, advising or persuading others by peaceful means to refrain from working at a place where a strike or lockout is in progress.
History: 1993 a. 482
An allegation of employment discrimination was not covered by this section. McCluney v. Jos. Schlitz Brewing Co. 489 F. Supp. 24
Sale of certain merchandise by employers to employees prohibited; penalty. 134.04(1)(1)
No person, firm or corporation engaged in any enterprise in this state shall by any method or procedure directly or indirectly by itself or through a subsidiary agency owned or controlled in whole or in part by such person, firm or corporation, sell or procure for sale or have in its possession or under its control for sale to its employees or any person any article, material, product or merchandise of whatsoever nature not of the person's, firm's or corporation's production or not handled in the person's, firm's or corporation's regular course of trade, excepting meals, candy bars, cigarettes and tobacco for the exclusive use and consumption of such employees of the employer, and excepting tools used by employees in said enterprise and such specialized appliances and paraphernalia as may be required in said enterprise for the employees' safety or health and articles used by employees or other persons which insure better sanitary conditions and quality in the manufacture of food or food products. The provisions of this subsection shall not apply to lumber producers, loggers and dealers nor to any cooperative association organized under ch. 185
. This section shall not be construed as authorizing the sale of any merchandise at less than cost as defined in s. 100.30
Any person, firm or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished for the first offense by a fine of not less than $100 nor more than $500 and for second or subsequent offense by a fine of not less than $500 nor more than $1,000. Each act prohibited by this section shall constitute a separate violation and offense hereunder.
Bribery of agent, etc. 134.05(1)(1)
Whoever corruptly gives, offers or promises to an agent, employee or servant, any gift or gratuity whatever, with intent to influence the agent's, employee's or servant's action in relation to the business of the agent's, employee's or servant's principal, employer or master shall be penalized as provided in sub. (4)
An agent, employee or servant who does any of the following shall be penalized as provided in sub. (4)
Corruptly requests or accepts a gift or gratuity or a promise to make a gift or to do an act beneficial to himself or herself, under an agreement or with an understanding that he or she shall act in any particular manner in relation to the business of the agent's, employee's or servant's principal, employer or master.
Being authorized to procure materials, supplies or other articles either by purchase or contract for his or her principal, employer or master, or to employ service or labor for his or her principal, employer or master, receives directly or indirectly, for himself or herself or for another, a commission, discount or bonus from the person who makes such sale or contract, or furnishes such materials, supplies or other articles, or from a person who renders such service or labor.
A person who gives or offers an agent, employee or servant authorized as described in sub. (2) (b)
a commission, discount or bonus of the type described in sub. (2) (b)
, shall be penalized as provided in sub. (4)
Whoever violates sub. (1)
may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
See s. 885.15
for provision as to granting immunity for testifying as to offenses charged under this section.
Bonus to chauffeurs for purchases, forbidden.
It shall be unlawful for any chauffeur, driver or other person having the care of a motor vehicle for the owner to receive or take directly or indirectly without the written consent of such owner any bonus, discount or other consideration for supplies, or parts furnished or purchased for such motor vehicle or upon any work or labor done thereon by others or on the purchase of any motor vehicle for the chauffeur's, driver's or other person's employer and no person furnishing such supplies or parts, work or labor or selling any motor vehicle shall give or offer any such chauffeur or other person having the care of a motor vehicle for the owner thereof, directly or indirectly without such owner's written consent, any bonus, discount or other consideration thereon. Any person violating this section shall be guilty of a misdemeanor and punished by a fine not exceeding $25.
History: 1993 a. 482