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.

It is critical 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. Arrangements for employment that are under a defined term contract are not "at will", and can only be terminated according to the clauses contained in the agreement.

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 particular race, nationality, religion or gender. A Lake Geneva employer also is prohibited from terminating at-will employees as a form of retaliation if the worker has sought an investigation into discrimination or has filed a legal claim for discrimination against the employer.

Additionally, according to the Family and Medical leave, employers are prohibited from firing employees who take leave for family or medical purposes. 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?

A local Lake Geneva, 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.