How Wisconsin Employment Law Handles Wrongful Termination

Wisconsin employment law provides a framework that endeavors to protect both employees and employers in matters relating to termination of employment. Understanding how wrongful termination is defined and handled in Wisconsin is essential for both parties to ensure compliance and safeguard their rights.

In Wisconsin, employment is generally regarded as “at-will,” meaning an employer can terminate an employee for any reason, as long as it isn’t illegal. However, wrongful termination claims can arise if an employee believes they were fired for unlawful reasons. Common grounds for wrongful termination in Wisconsin include:

• Discrimination: Under Wisconsin law, it is illegal to terminate an employee based on protected characteristics such as race, gender, age, disability, or religious beliefs. Employers who dismiss employees for these reasons may face lawsuits for discrimination.
• Retaliation: Employees are protected from retaliation if they engage in legally protected activities, such as reporting workplace safety violations or filing a complaint regarding discrimination or harassment. If an employer retaliates by terminating the employee, it may constitute wrongful termination.
• Violation of Employment Contracts: If there is an employment contract or a collective bargaining agreement that specifies the terms under which an employee can be terminated, any violations could lead to claims of wrongful termination.

For employees who believe they have been wrongfully terminated, Wisconsin law provides several avenues for recourse. It is advisable to take the following steps:

1. Document Everything: Keep records of any communications related to the termination, performance reviews, and any incidents that may have led to the firing.
2. Consult an Attorney: Speaking with an attorney who specializes in employment law can help individuals understand their rights and potential legal options.
3. File a Complaint: For discrimination or retaliation claims, employees can file a complaint with the Wisconsin Department of Workforce Development or the Equal Employment Opportunity Commission (EEOC).

Employers in Wisconsin must also be aware of the implications of wrongful termination claims. It is critical to ensure that all terminations are well-documented and justified to mitigate the risk of legal action. Policies should be reviewed regularly, and training on discrimination and harassment laws should be implemented in the workplace.

In conclusion, while Wisconsin allows at-will employment, understanding wrongful termination's nuances is vital for both employees and employers. Proper documentation, awareness of employees' rights, and adherence to employment law can help navigate the complexities of wrongful termination in Wisconsin.