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 point and leave the employment organization. The only exception to this are reasons that the law has particularly outlined as impermissible to use as a basis for employee termination.
Employment arrangements that do not qualify as "at will" are not subject to the same limitations and restrictions, so it is critical that you know how your work setup is classified. In general, employment that is subject to a set period employment contract is not considered to be "at will", and termination may only happen in accordance with procedures outlined in the contract.
What are the Illegal Grounds for Terminating At Will Employment in Wisconsin?
Regarding terminating a Wisconsin employee, discrimination is the most common illegal reason. An employer may not fire an employee just because they are of a particular race, religion, gender, or nationality. Cedarburg employers are further barred from firing at-will employees in order to retaliate against them for filing a legal discrimination claim or initiating an investigation of discrimination.
Furthermore, under the Family and Medical Leave Act, employers may not terminate employees who have taken leave for family reasons or medical treatment. Finally, employees are protected from being terminated 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 Cedarburg, Wisconsin attorney can better inform you about whether a wrongful termination has occurred, and will also help in collecting the appropriate documents for your case. There may also be unique procedures that an attorney can shepherd you through.