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HUBBARD v. MESSER

No. 02-1701-FT.

259 Wis.2d 654 (2002)

2003 WI App 15

656 N.W.2d 475

Neil S. HUBBARD, Plaintiff-Respondent, v. Shaun MESSER, d/b/a Degree Systems, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 3, 2002.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Stephen L. Weld, Christoher R. Bloom, and Weld, Riley, Prenn & Ricci, S.C. of Eau Claire.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Erwin H. Steiner and Steiner & Wright, LLC of Eau Claire.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. HOOVER, P.J.

Shaun Messer appeals a judgment ordering him to pay a penalty of 70% of the wages he previously owed, but paid, to former employee Neil Hubbard, plus Hubbard's attorney fees.1 The trial court ruled that the purpose of WIS. STAT. § 109.11 was to penalize employers who failed to timely pay their employees, regardless whether those wages were paid prior to court action...

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