Joseph E. "Joe" Gumina

Milwaukee, WI Directions

Recognized in Best Lawyers since 2018

Awarded Practice Areas

Employment Law - Management Litigation - Labor and Employment

Visit Website

414-276-5000

Awarded Practice Areas

Employment Law - Management Litigation - Labor and Employment

Works at

O'Neil, Cannon, Hollman, DeJong & Laing SC

18 Best Lawyers awards

Biography

Joseph Gumina is a shareholder at O’Neil Cannon and the Past Chair of O’Neil Cannon’s Labor and Employment Practice Group. Joe is licensed to practice law in the states of Illinois and Wisconsin. Joe has extensive experience representing management in a vast array of employment matters ranging from traditional labor matters involving labor negotiations and unfair labor practice charges to helping employers navigate the complexities of state and federal fair employment laws.

Joe has significant experience as a seasoned litigator having tried cases to juries in both federal and state courts achieving resounding success for his clients. He has also represented the interests of his clients in other parts of the country, including Florida, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Mississippi, Nebraska, Ohio, New York, and Utah.

Joe Assists Clients With

Employment Discrimination Litigation
Non-Competition and Trade Secret Litigation
Appellate Matters before the United States Court of Appeals for the Seventh Circuit, the Appellate Court of Illinois, and the Wisconsin Court of Appeals
Collective Bargaining Negotiations
Union Grievance and Labor Arbitration Proceedings
NLRB and Unfair Labor Practice Matters
Union Issues Regarding Acquisitions, Plant Relocations, and Plant Closings
Occupational Safety and Health Matters
Wage and Hour Issues
Proper Employment Practices to Avoid Litigation
Employment Policy Drafting and Review

Locations

Milwaukee, Wisconsin

414-276-5000

111 East Wisconsin Avenue, Suite 1400
Milwaukee, WI 53202

Languages

English

Education

William Mitchell College of Law, J.D., graduated 1990
William Mitchell College of Law, J.D.

Bar Admissions

Wisconsin, State Bar of Wisconsin
Illinois, Illinois State Bar Association

Court Admissions

Illinois
Wisconsin
U.S. District Court for the Western District of Wisconsin
U.S. District Court for the Northern District of Illinois (Trial Bar)
U.S. District Court for the Central District of Illinois
U.S. District Court for the Northern District of Indiana
U.S. District Court for the Southern District of Indiana
U.S. District Court for the Eastern District of Michigan
U.S. Court of Appeals, Seventh Circuit
U.S. District Court for the Eastern District of Wisconsin

Affiliations

Milwaukee Justice Center - Volunteer
Personnel Committee–Inspirio Youth Ministries - Volunteer

Client Testimonials

Besides being the bested dressed attorney at the firm, Joe's approach to guiding our business through the minefield of government bureaucracy is outstanding.

Sam Maglio Jr (The Fresh Group LTD)

Awards & Focus

Recognized in The Best Lawyers in America^® 2026 for work in:

Employment Law - Management
Litigation - Labor and Employment

Additional Areas of Practice:

Labor Law - Management

Awards:

- Selected for inclusion in The Best Lawyers in America®–Litigation-Labor and Employment, 2018–2024
- Selected for inclusion in Wisconsin Super Lawyers, Law & Politics and Milwaukee Magazine, 2014–2023

Additional Information

Case History

Cases

Examples of Joe’s Recent Client Work

Successfully defended employer in a labor arbitration proceeding where the union alleged that the employee’s Weingarten rights were violated and was terminated without just cause. See Telsmith, Inc., 137 BNA LA 266 (12/18/16).
Successfully defended a claim made under Wisconsin’s Business Closing Law relative to an employers requirement to cease operations with less than 60 days’ prior notice.
Successfully defended a Minnesota employer on a Motion for Preliminary Injunction filed in U.S. District Court based upon a claim of trade secrets misappropriations under Wis. Stat. § 134.90
Successfully defended an Illinois employer at trial and again at the Court of Appeals against a $400,000 claim of tortious interference with prospective economic advantage based upon the allegation that the employer attempted to enforce an unenforceable non-competition agreement
Successfully defended a Wisconsin employer before the Department of Workforce Development, Circuit Court of Sauk County, U.S. District Court for the Western District of Wisconsin and the Wisconsin Court of Appeals against an employee who engaged in a campaign of vexatious litigation which resulted, ultimately, in a money judgment being entered against the employee
Successfully reversed a decision by an administrative law judge awarding an employee $191,649 in damages on a retaliation claim and successfully defended the reversal of the judgment in the Utah Court of Appeals. See Carter v. Labor Commission Appeals Board, 2006 UT App 477 (Utah Ct. App. 2006)
Successfully defended an employer in the U.S. District Court for the Northern District of Illinois in a jury trial by convincing the court to dismiss the case pursuant to Rule 50, a motion after verdict, on the grounds that the plaintiff did not meet her burden of proof in establishing a case of sex discrimination. See Hossack v. Floor Covering Associates of Joliet, 2004 WL 2423825 (N.D. Ill. 2004)
Successfully obtained summary judgment for an Illinois employer in the U.S. District Court for the Northern District of Illinois against an employee alleging that her assignment to a temporary light duty position, as a reasonable accommodation, entitled her to a permanent job position. See Ulatowski v. John Sterling Corp., 2004 WL 1385829 (N.D. Ill. 2004)
Successfully obtained permanent injunctive relief in Cook County Circuit Court for an employer harassed and threatened by a Chicago area local union conducting mass protests on the employer’s property
Argued case of first impression before the Appellate Court of Illinois regarding the retroactive effect of the 1996 amendments to the Illinois Human Rights Act. See Bowne of Chicago, Inc. v. Human Rights Commission, 301 Ill.App.3d 116, 703 N.E.2d 443, 234 Ill. Dec. 582 (1st Dist. 1998)
Successfully defended a major regional airline in the U.S. District Court for the Western District of Wisconsin by obtaining summary judgment against a pilot alleging a claim under the ADA when the airline would not accommodate the pilot’s inability to sit for a specified period of time based upon safety concerns
Substantially reduced OSHA penalties and eliminated all willful violations for a Kentucky employer cited for violations of OSHA’s lockout/tagout standard where an employee had received life threatening injuries following an explosion of a plastic injection molding machine
Substantially reduced OSHA penalties and eliminated all willful violations for an Ohio employer cited for various violations related to the death of an employee crushed by a forklift

Your browser is not fully compatible with our automatic printer friendly formatting.

Please use the print button to print this profile page.