When is a Job Termination Considered Wrongful in Wisconsin?
Most employment is labeled as "at-will" in the state of Wisconsin. This means that an employer or employee is free to end the work relationship at any time and leave the employment organization. The only exception to this are reasons that the law has specifically outlined as impermissible to use as a basis for employee termination.
It is important that you find out what type of employment your work is classified as, because employment that is not considered to be "at will" is subject to different restrictions. Work arrangements that are based on an employment contract are often not "at will", and so they cannot be terminated except according to the contract provisions.
What are the Illegal Grounds for Terminating At Will Employment in Wisconsin?
The most common illegal ground for terminating a Wisconsin employee is discrimination. An employer cannot terminate an employee simply for being of a certain race, nationality, religion or gender. Employers in Wisconsin Rapids may also not terminate at-will employees as an act of retaliation if they have filed a legal discrimination claim or prompted an investigation into discrimination.
Furthermore, according to the Family and Medical leave, employers are prohibited from firing employees who take leave for family or medical purposes. Lastly, employees are protected from being fired by their employer for performing a legal obligation, exercising their legal rights, or for refusing to participate in an illegal act.
Do I Need a Wisconsin Attorney for My Wrongful Termination Case?
A local Wisconsin Rapids, Wisconsin attorney can better inform you about whether a wrongful termination has occurred, and will also help in gathering the appropriate documents for your case. There may also be unique procedures that an attorney can shepherd you through.
