Tom O’Day is a member of the Labor & Employment and Health Care Practice Groups in the Madison Office. Tom’s practice focuses on advising and representing employers in every aspect of labor and employment law, with a particular emphasis in employment law in health care settings.
Tom provides counseling to employers on the full range of human resource and employment law challenges confronted by employers, including the hiring and firing of employees, drafting and enforcing restrictive covenant agreements, litigating federal and state discrimination and wage claims, and drafting employment and severance agreements.
Tom also has experience working with nuanced employment and regulatory issues that are unique to the health care industry, including misconduct reporting obligations under state and federal law, peer review matters, fair hearings under the Health Care Quality Improvement Act and issues related to contracting with employed or independent physicians and other practitioners. Tom has been involved in litigation over non-compete agreements with physicians and often helps employers update their non-compete provisions to comply with the most recent applicable case law. Tom also trains supervisors and employees on human resource topics such as unlawful harassment, internal investigations, reporting obligations and discipline, including discipline specific to the health care industry.
Tom’s experience involves cases before the Wisconsin Equal Rights Division, Equal Employment Opportunity Commission, United States Department of Labor, National Labor Relations Board, state courts and federal courts. Tom is a Vice Chair with the American Health Lawyers Association Labor & Employment Practice Group, and is a Director of the Wisconsin Bar Association Labor & Employment Law Section Board. Tom regularly hosts Healthcare Labor & Employment Roundtables to highlight issues of importance in healthcare.
Admitted To Practice
Wisconsin - 2006
Illinois - 2017
United States District Court, Eastern District of Wisconsin
United States District Court, Western District of Wisconsin
American Bar Association
American Health Lawyers Association
American Society for Healthcare Human Resources Administration (ASHHRA)
Dane County Bar Association
Greater Madison Area Society for Human Resource Management
Illinois State Bar Association
Metro Milwaukee Society for Human Resources Management
Society for Human Resource Management
State Bar of Wisconsin
Wisconsin School Attorneys Association
Wisconsin Society of Healthcare Human Resources Administration (WisHHRA)
Down Syndrome Association of Wisconsin – Past Board President
Emerging Leadership Board at UW Carbone Cancer Center
John W. Jung Memorial – Co-Founder
Wisconsin Manufacturers and Commerce Human Resources Committee
Juris Doctor, University of Wisconsin Law School, 2005
Master’s Degree, University of Wisconsin-Madison, 2005, Education Policy and Leadership Analysis
Bachelor of Science, University of Wisconsin-Madison, 2001, Political Science, Phi Beta Kappa