Arbitration Award-Employment Law

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WI Court of Appeals – District III

Case Name: New Wellness Associates Inc. v. Risa Lynn Janowski

Case No.: 2021AP001301

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Arbitration Award-Employment Law

New Wellness is a business that provides outpatient mental health services. In March 2017, New Wellness hired Risa Janowski as a therapist, and the two parties executed an employment contract. Prior to working at New Wellness, Janowski had worked at her own business, Promises Counseling Services, LLC. A number of clients at Promises Counseling subsequently followed Janowski to New Wellness.

New Wellness Associates Inc. appeals a judgment affirming an arbitration award in favor of New Wellness’s former employee, Janowski. New Wellness argues that the arbitration award should be vacated because New Wellness properly terminated Janowski’s employment after she “accept[ed] employment” with Counseling Specialists. In the alternative, New Wellness argues that the arbitration panel miscalculated the arbitration award by not considering Janowski’s subsequent earnings with her new employer.

Affirmed.

Decided 07/25/23

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