Best Hiring & Firing Lawyers in Wisconsin

About Hiring & Firing Law in Wisconsin, United States

Hiring and firing laws in Wisconsin are governed by a combination of federal and state rules that determine the legality of employment decisions. Wisconsin is considered an “at-will” employment state, which means most employers and employees can end the employment relationship at any time and for almost any reason, with or without notice. However, there are important exceptions and legal protections designed to prevent discrimination, wrongful termination, or unfair treatment during the hiring and firing process.

Why You May Need a Lawyer

Legal help in hiring and firing matters can be vital in several scenarios. Employees may seek a lawyer if they suspect they were fired for illegal reasons, such as discrimination based on age, race, gender, disability, or retaliation for whistleblowing. Employers often need legal advice to create compliant hiring policies, handle layoffs or disciplinary actions properly, or defend against wrongful termination claims. Legal counsel helps ensure that employment decisions are made according to the law and that both parties’ rights are protected.

Local Laws Overview

Wisconsin employment law is strongly influenced by federal regulations like the Civil Rights Act, Family and Medical Leave Act, and the Americans with Disabilities Act. The Wisconsin Fair Employment Act (WFEA) specifically prohibits discrimination in employment on the basis of race, color, national origin, ancestry, creed, age, sex, disability, marital status, arrest or conviction record, military service, and more.

Some unique aspects under Wisconsin law include rules surrounding personnel file access, wage payment timelines, and lawful termination notice requirements for certain plant closings or mass layoffs. Additionally, Wisconsin protects whistleblowers and prohibits retaliatory discharge, meaning employers cannot legally fire employees for reporting unlawful business practices.

Frequently Asked Questions

What does it mean that Wisconsin is an “at-will” employment state?

“At-will” employment means that, unless you have an employment contract or are covered by a union agreement, your employer can terminate your employment at any time for any lawful reason, or for no reason at all, and you can leave your job at any time without legal consequences.

Can an employer fire someone for any reason in Wisconsin?

No, an employer cannot fire someone for unlawful reasons such as discrimination (protected characteristics like race, sex, religion, etc.), retaliation for reporting violations, or for exercising certain legal rights like taking family or medical leave.

Are there notice requirements for termination or resignation?

Wisconsin law generally does not require notice for termination or resignation unless it is stipulated in a contract. However, certain large-scale layoffs or plant closings may require advance written notice to employees under the Wisconsin Business Closing and Mass Layoff Law.

Does Wisconsin require employers to provide a reason for firing?

No, employers in Wisconsin typically do not have to provide a reason for termination unless an employee requests a written statement of the reasons within 7 days of termination. The employer must then provide the statement within the next 7 days.

What protections are in place regarding discrimination during hiring?

Both federal and Wisconsin state law prohibit discrimination in hiring based on characteristics such as age, race, gender, disability, religion, sexual orientation, ancestry, and more. Employers must ensure hiring practices and job postings do not exclude or favor certain groups unlawfully.

Can I be fired for reporting illegal activities at my workplace?

No, Wisconsin law protects employees from retaliation or wrongful termination if they report illegal or unethical activities in good faith, also known as whistleblower protection.

Are employers required to provide severance pay in Wisconsin?

There is no state law requiring employers to provide severance pay. Severance is only required if it is specified in an employment agreement, company policy, or union contract.

How can I obtain a copy of my personnel records?

Wisconsin law gives employees the right to inspect their personnel files up to two times a year. A written request should be submitted to the employer, who must allow the inspection within 7 working days.

What should I do if I think I was fired illegally?

If you believe your termination was unlawful, you should document all relevant facts, request the reason for your firing in writing from your employer, and consult with an employment law attorney or contact the Wisconsin Equal Rights Division for guidance.

What are my options if I face discrimination during the hiring process?

If you suspect discrimination during hiring, gather any evidence (such as emails or interview notes) and file a complaint with the Wisconsin Equal Rights Division or the federal Equal Employment Opportunity Commission. Consulting with an employment law attorney can also help you determine the best course of action.

Additional Resources

- Wisconsin Department of Workforce Development - Equal Rights Division: Assists with complaints regarding discrimination and wrongful termination. - U.S. Equal Employment Opportunity Commission (EEOC): Handles complaints involving federal discrimination laws. - State Bar of Wisconsin: Offers lawyer referral services and educational materials about employment laws. - Wisconsin Labor and Industry Review Commission: Reviews decisions in labor and employment disputes.

Next Steps

If you need legal assistance with a hiring or firing matter in Wisconsin, begin by gathering all relevant documentation such as employment contracts, termination letters, personnel files, and communications. Consider contacting the Wisconsin Equal Rights Division or a local attorney with experience in employment law. Use lawyer referral services to find qualified professionals, and do not delay action, as some legal claims have strict filing deadlines. Understanding your rights and acting promptly can make a critical difference in resolving workplace disputes.