Wisconsin Wrongful Termination Lawsuit

Wisconsin wrongful termination occurs when employees in Wisconsin are wrongfully fired from their employment. Wrongful termination in Wisconsin actually applies to situations in which an employee is fired for reasons that violate federal or Wisconsin employment law. In situations where the employee has been wrongfully terminated, the employee may be able to file a wrongful termination lawsuit to recover lost wages or be reinstated to his or her position.

Wisconsin is an at-will employment state. This means that an employer can terminate an employee for any reason at all and even for no reason. That said, there are exceptions to the at-will employment doctrine. Situations in which the employer violates federal or state laws in firing the employee can still be considered wrongful termination.

Exceptions to the at-will doctrine include firing an employee for discriminatory reasons. Employers cannot fire employees for being in a protected class. In other words, it is illegal to fire an employee because of his or her race, national origin, religion, gender, age, sexual orientation, disability or for other characteristics that are protected under federal law.

Furthermore, it is illegal to fire an employee for retaliatory reasons. If an employee files a complaint against an employer, the employer cannot retaliate by firing the employee. Similarly, Wisconsin recognizes the public policy exception to the employment at-will doctrine. If an employee is fired for refusing to break the law while working, or for reporting unlawful activities at the workplace, the employer could face wrongful termination allegations.

If an employee has an employment contract and the termination violates the terms of that contract, the employee may be able to file a wrongful termination lawsuit against his or her employer. For example, if the contract sets out conditions under which the employment can be terminated, or conditions under which the employment will not be terminated, and the firing violates those, the employer may have committed wrongful termination.

In 2011, a former history professor was awarded $1.1 million in his wrongful termination lawsuit against Madison Area Technical College. According to Wisconsin State Journal (5/5/11), the professor, Michael Dubin, alleged he was fired in retaliation for complaining about religious slurs made by two colleagues. Furthermore, court documents show that the court ordered Dubin be reinstated to his former position and be paid pre-judgment interest for back-wages.

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Last updated on Apr-10-14