Wisconsin Wrongful Termination Laws

Wisconsin has enacted a wide array of wrongful termination and discrimination statutes in the state to supplement the already strong federal laws governing those issues. As an “at will” state, without these laws employees and employers could terminate employment at any time for any reason, allowing employers to violate employee’s rights at will. However, current laws provide powerful civil rights protections for employees, both in the workplace and by providing a way to seek compensation and restitution when their rights have been violated.

Wisconsin’s Specific Labor Laws

The very detailed state laws in Wisconsin that address civil rights in the workplace include the following:

Benefit	State Law	Additional Benefits
Right to Work	No
State Minimum Wage	$6.50	Maximum tip credit, $4.17; minimum cash wage for tipped employee, $2.33
State Military Leave	Yes	Employees on active duty in the uniformed services, or civilians performing defense work during an emergency may take up to 4 years leave unless that period is extended by law; upon completion, they are entitled to reinstatement to the same position with the same benefits and seniority, or a similar one, unless employer’s conditions have changed so as to make that unreasonable; employee must apply for reinstatement within 90 days of completion or 6 months of rehabilitation; must present proof of completion; may not be fired without cause for 1 year from reinstatement
Jury Duty	Yes	Unpaid leave; discrimination or termination for serving are prohibited
Voting	Yes	Unpaid time off, up to 3 consecutive hours, scheduled at employer’s discretion; employee must request leave before election day
Garnishment	Yes	Employer fee: none for general wage garnishment (no number specified); $3 for each child or spousal support payment; termination or discrimination for general garnishment is prohibited
State Family & Medical Leave	Yes	6 weeks leave in a 12-month period for pregnancy/maternity, childbirth, or adoption, available to employees who have worked minimum of 1 year and 1,000 hours in previous 12 months; applies to employers with 50 or more employees, additional 2 weeks’ leave per 12-month period for serious health condition or to care for family member with such condition
Arrest & Conviction Records	Yes	Discrimination based on prior arrest or conviction record prohibited; exceptions – pending arrest charges; may only ask about convictions that are substantially relevant to job, and for jobs that require bonding, or burglar alarm installers;
Discrimination	Yes	For 1 or more employees; for age (40 or older); national origin; disability (physical or mental); AIDS/HIV; gender; marital status; pregnancy/ maternity; race; religion; sexual orientation; genetic testing; arrest or conviction; lawful use of any product when not at work; military service or status
Whistleblower	Yes	For public employees; specifically those in the health care industry; employer cannot terminate, discriminate, or retaliate against employee for reporting violations
Plant Closings	Yes	Applies to business closings, permanent or temporary, that affect 25 or more employees; mass layoffs that affect 25% or 25 employees, whichever is greater, or at least 500 employees; employees who have worked at least 6 of last 12 months and put in 20 or more hours per week; and employers with 50 or more employees in the state; notification required at least 60 days in advance in writing to Dislocated Worker Committee in the Department of Workforce Development; affected employees, collective bargaining representatives; highest municipal officials in business locale

*These laws change often, so consult local statutes for the most up-to-date information.

Wisconsin Discrimination Laws

In order to pursue remedies and relief in Wisconsin, employees must adhere to the following guidelines for filing discrimination claims and civil actions:

Wisconsin state laws require that wrongful termination and discrimination claims be processed first through state EEOC offices or the Equal Rights Division before private civil claims can be filed by employees and their employee rights lawyers.
However, if state agencies drop the claim or are unsuccessful at the mediation level, an employee and their employee rights attorney may continue the legal process through a private claim in civil court.
Wisconsin laws do not allow employees to recover attorney’s fees from defendants.
State agencies and employee rights attorneys have 300 days to file claims and civil suits under Wisconsin statute of limitations deadlines.

Filing a Claim for Wrongful Termination

In accordance with state parameters for wrongful termination and discrimination claims, employees must work through state agencies to begin the claims process. If attempts at mediation and conciliation are unsuccessful, the agency may either pursue the case into civil court or allow the employee to retain an employee rights attorney to file that civil action.

Legal Remedies for Wrongful Termination

Claims and civil actions in Wisconsin are aimed at obtaining any or all of the following remedies:

Lost wages
Injunctive relief in the workplace
Reinstatement of benefits and position
Compensation for stress and suffering
Punitive damages
Attorney’s fees and court costs

In addition to those remedies, there are penalties employers who have violated Wisconsin discrimination laws must face:

Jury duty – fines of up to $200, possible reinstatement and lost wages

Garnishment – penalties for child support withholding: for wrongful termination, fines of up to $500

Whistleblower – fines of $10 to $100 for every day of violation

Plant closings – Employers who do not provide required notification are liable for pay and value of benefits employees would have received if closing or layoff had not occurred, payable from the day notice was required to the day notice was actually given, the day business closed, or the day mass layoff occurred, whichever is earlier

While the legal process begins with claims filed through Wisconsin branch offices of the EEOC or the Wisconsin Equal Rights Division, these cases can involve so many details of employment law that it may be wise to have an employee rights attorney involved to insure that all avenues of relief, compensation, and damages are being pursued and that the case is receiving all the attention it deserves.

Local Resources

EEOC Regional Branches

Milwaukee District Office
310 W. Wisconsin Avenue, Suite 800
Milwaukee, WI 53203
414-297-1111 or 800-669-4000
TTY: 414-297-1115 or 800-669-6820
FAX: 414-297-4133