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?
In the state of Wisconsin, employee discrimination is the most common illegal ground for termination in an at-will employment. Employers are barred from terminating their employees on the basis of race, gender, religion, or nationality. An employer also may not fire an at-will employee in retaliation for the employee initiating an investigation into discrimination or filing a legal claim of discrimination against the Madison 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. Lastly, employers are prevented from terminating an employee because they have exercised a legal right, performed a legal obligation, or have refused to do something that is illegal.
Do I Need a Wisconsin Attorney for My Wrongful Termination Case?
A local Madison, 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.