Popular searches:
layoff laws wrongful dismissal severance pay laws job termination
Talk to a Lawyer
Enter a zip code to speak to a Lawyer that serves your area.
Select the type of Lawyer you need
Wyoming Wrongful Termination Laws
Wyoming allows federal laws to have sole jurisdiction over most wrongful termination and employment discrimination issues in their state, although they have enacted a limited number of supplemental state laws. Even though Wyoming is an “at will” state, employers and employees do not have unlimited right to terminate an employment relationship. Rather, there are state and federal laws to limit that right due to their protection of employee’s civil rights in the workplace. If an employee’s rights are being ignored or abused, discrimination laws provide options for pursing remedies and relief.
Wyoming’s Specific Labor Laws
The state laws that Wyoming has enacted to supplement federal employment and labor laws include the following:
|
Benefit |
State Law |
Additional Benefits |
|
Right to Work |
Yes |
|
|
State Minimum Wage |
$5.15 |
Maximum tip credit, $3.02; minimum cash wage for tipped employee, $2.13 |
|
State Military Leave |
Yes |
Employees on active duty in the uniformed services may take up to 5 years leave; upon completion, they are entitled to reinstatement to the same position with the same benefits and seniority (as well as what they would have accrued if they had never left), or a similar one, unless employer’s conditions have changed so as to make that unreasonable; may not be fired without cause for 1 year from reinstatement; discrimination or penalties are prohibited |
|
Jury Duty |
Yes |
Unpaid leave; discrimination or termination for serving are prohibited |
|
Voting |
Yes |
Paid time off, if required; 1 hour other than breaks; not required if employee has 3 consecutive nonwork hours when polls are open |
|
Garnishment |
Yes |
Employer fee: $5 for each child support payment; termination or discrimination for general garnishment or consumer credit debt is prohibited |
|
State Family & Medical Leave |
No |
|
|
Arrest & Conviction Records |
No |
|
|
Discrimination |
Yes |
For 2 or more employees; for age (40 or older); national origin; disability; gender; race; religion; military service or status; smoking off duty |
|
Whistleblower |
Yes |
For both public and private employees; employer cannot terminate, discriminate, or retaliate against employee for reporting violations |
|
Plant Closings |
Yes |
Applies to plant closings or substantial layoffs; Department of Employment and other state agencies offer occupation transfer and retraining for displaced workers |
*These laws change often, so consult local statutes for the most up-to-date information.
Wyoming Discrimination Laws
In order to find relief from discrimination and wrongful termination in Wyoming, employees must file claims according to the following guidelines:
- State agencies such as the Department of Employment are the source for resolving discrimination claims in Wyoming.
- Private actions are not allowed in employment discrimination or wrongful termination cases in the state.
- Wyoming law does not allow employees to recover attorney’s fees from defendants in civil suits.
- Those state agencies with authority to pursue discrimination claims in Wyoming must do so within 300 days of the original violation, under the Wyoming statute of limitations.
Filing a Claim for Wrongful Termination
Once an employee contacts a state agency in order to file a wrongful termination claim, that agency will generally attempt to negotiate a settlement or pursue mediation so as to settle the claim out of court. If those efforts fail, however, that agency will then be required to take the claim to civil court for an official decision.
Legal Remedies for Wrongful Termination
Any or all of the following remedies are available to employees in the state of Wyoming as a result of claims or civil suits for violations of discrimination or wrongful termination laws:
- Reinstatement of benefits and position
- Lost wages
- Injunctive relief in the workplace
- Compensation for stress and suffering
- Punitive damages
- Attorney’s fees and court costs
The punitive element of discrimination laws in the state of Wyoming provides penalties for employers who commit the following violations:
Jury duty – liable to employee for damages up to $1,000, legal costs, attorney’s fees, and possible reinstatement
Garnishment – penalties for child support withholding, for discrimination, fines of up to $200; for noncompliance with support orders, liable for amount that should have been withheld
Representatives of state agencies such as the Wyoming Department of Employment are generally highly skilled in the legal processes necessary to pursue a claim or civil suit for discrimination or wrongful termination. However, they are often overworked and understaffed, making it difficult for each case to receive the attention it deserves. It may be of benefit for an employee to retain their own employee rights lawyer to advise them through the claims process to ensure that nothing is overlooked and they receive the relief and compensation they are due.
Local Resources
Department of Employment
Cheyenne, WY
307-777-7261
http://wydoe.state.wy.us