REPRESENTING EMPLOYEES FOR OVER 25 YEARS

Fair Employment Legal Services, S.C.

           Attorney John D. Uelmen

Wrongful Discharge

While generally Wisconsin employers may terminate “at-will” employees for any reason or for no reason at all as long as that decision does not violate an employment statute, the Wisconsin Supreme Court has recognized exceptions to the employment at-will doctrine, including a common law claim for wrongful discharge, when an employee’s termination violates a “fundamental and well-defined public policy.”

Generally a “public policy” wrongful discharge claim can be made when an employee is terminated for refusing a command or instruction of the employer to violate a public policy which is recognized in a statutory or constitutional provision. The Wisconsin Supreme Court has also recently recognized that an employee who is terminated for fulfilling a statutory duty, as opposed to refusing the employer’s request to violate the law, may maintain a wrongful discharge claim against the employer.

Because there are numerous statutes which impose duties upon employers and employees, the viability of a potential wrongful discharge claim often needs to be evaluated on an individual case-by-case basis.

For More Information Contact:

Fair Employment Legal Services, S.C.
1800 E. Capitol Drive, Suite 2G
Tel: 414-906-1800
FAX: 414-906-1850
Internet: juelmen@ameritech.net

Send mail to juelmen@ameritech.net with questions or comments about this web site.
Copyright © 2008 Fair Employment Legal Services, S.C.
Last modified: 09/24/08