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. 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 procedures.

What are the Illegal Grounds for Terminating At Will Employment in Wisconsin?

Discrimination is the most common unlawful grounds for terminating an employee in Wisconsin. Employers are not allowed to terminate an employee because of their race, religion, nationality, or gender. An employer also may not fire an at-will employee in retaliation for the employee starting an investigation into discrimination or filing a legal claim of discrimination against the Elkhorn employer.

Moreover, the Family and Medical Leave act makes it illegal for employers to terminate any of their employees who have taken leave based upon family or medical needs. Finally, employers cannot terminate employees who are simply exercising a legal right, performing an obligation under law, or refusing to do an illegal act.

Do I Need a Wisconsin Attorney for My Wrongful Termination Case?

Local Elkhorn, Wisconsin lawyers can thoroughly inform you regarding whether a wrongful termination has in fact occurred. They can also help you gather the necessary documents for your case, and can guide you through any procedures that may be unique or unfamiliar.