Best Wrongful Termination Lawyers in Wisconsin

About Wrongful Termination Law in Wisconsin, United States

Wrongful termination occurs when an employer fires an employee for reasons that violate state or federal laws or breach an employment contract. In Wisconsin, as in most states, employment is usually "at-will," meaning that either the employer or the employee can end the employment relationship at any time, with or without cause. However, certain exceptions protect employees from being terminated for illegal reasons. Understanding these exceptions is critical for anyone who believes they have been wrongfully dismissed from their job in Wisconsin.

Why You May Need a Lawyer

Wrongful termination cases can be complex, involving both state and federal laws. Legal help may be necessary if you believe you were fired for reasons such as discrimination, retaliation for reporting workplace violations, refusing to commit illegal acts, or because you asserted your legal rights as a worker. Navigating the legal system, gathering evidence, and interpreting the law can be daunting on your own. A lawyer can help assess your case, advocate on your behalf, and increase your chances of achieving a positive outcome, such as reinstatement, back pay, or a settlement.

Local Laws Overview

Wisconsin recognizes the at-will employment doctrine, but there are notable exceptions. Employees cannot be terminated in violation of federal anti-discrimination laws, such as those prohibiting firing based on race, color, religion, sex, national origin, age, disability, or genetic information. Wisconsin state laws add protections for employees who are terminated for reporting workplace safety violations, participating in jury duty, filing worker compensation claims, serving in the National Guard, or exercising their rights related to wage and hour laws. Wisconsin also recognizes public policy exceptions, which mean you cannot be fired for reasons that violate "clear and compelling" public policy, such as refusing to break the law at your employer’s request.

Frequently Asked Questions

What is considered wrongful termination in Wisconsin?

Wrongful termination in Wisconsin occurs when an employee is fired for illegal reasons, such as discrimination, retaliation, breaching public policy, or violating an employment contract.

Can my employer fire me for any reason?

Wisconsin follows the at-will employment rule, so most employees can be fired for any reason or no reason at all, except for reasons protected by state or federal law.

What are some illegal reasons for termination?

It is illegal to fire someone based on race, gender, religion, age (if over 40), national origin, disability, for reporting workplace violations, for whistleblowing, or for exercising certain legal rights.

Do I have any protection if I do not have a written contract?

Yes. Even without a written contract, you are protected under state and federal laws that prohibit discrimination and retaliation, and you may be protected under implied contract or public policy exceptions.

What should I do if I suspect I was wrongfully terminated?

Document the events leading up to your termination, collect any evidence you have, such as emails or performance reviews, and consult with an employment lawyer as soon as possible.

What kind of compensation can I get if I win a wrongful termination case?

Compensation may include back pay, front pay, reinstatement to your job, compensatory damages, punitive damages in some cases, and attorney fees. The specific outcome depends on your circumstances.

How long do I have to file a claim for wrongful termination in Wisconsin?

Deadlines vary depending on the type of claim. Claims under federal law may need to be filed within 180 days to the Equal Employment Opportunity Commission, while some state claims have shorter or longer time limits.

Does Wisconsin require employers to provide a reason for termination?

No, Wisconsin employers are generally not required to provide a reason for firing an employee, unless it is requested in writing within seven business days. They must respond within a set period if such a request is made.

Can I be fired for filing a workers' compensation claim?

No. Wisconsin law specifically prohibits employers from retaliating against employees for filing workers’ compensation claims.

Is it wrongful termination if I was laid off due to company downsizing?

Layoffs for legitimate business reasons, such as downsizing, are generally not considered wrongful termination, unless the layoff is used as a pretext for illegal discrimination or retaliation.

Additional Resources

If you are seeking more information or support regarding wrongful termination in Wisconsin, consider reaching out to the following organizations:

• Wisconsin Department of Workforce Development (DWD) - Handles employment law issues and complaints
• Equal Employment Opportunity Commission (EEOC) - Processes discrimination complaints under federal law
• Legal Action of Wisconsin - Provides legal assistance to low-income individuals
• Wisconsin State Bar - Offers a lawyer referral service for those seeking legal representation

Next Steps

If you believe you have been wrongfully terminated in Wisconsin, start by gathering any relevant documents and information related to your employment and the circumstances of your termination. Write down a detailed account of the events, and note any witnesses who can support your claims. It is wise to consult with a lawyer who specializes in employment law to understand your rights and options. Many attorneys offer initial consultations to assess your situation. Acting promptly is important, as certain claims are subject to strict filing deadlines. If you are unsure where to start, consider reaching out to local legal aid organizations, the Wisconsin Department of Workforce Development, or the State Bar for guidance.