Most states, including Wisconsin, are at-will employment states, which means that both the employee and the employer are free to terminate the employment relationship at-will, without any justification.
- At-will employment is beneficial for employees as they can end their employment to pursue other career opportunities or leverage at-will employment to argue for a raise or improved benefits in exchange for staying on with a company.
- As for the employer, at-will employment means an employer can terminate employees for any reason, allowing for greater flexibility when changes are needed in the interests of the business.
Of course, there is a downside to at-will employment for both the employee and the employer: an employer can end the employment relationship anytime leaving the employee without a job or a worker can walk out the door leaving the employer without a needed employee.
Exceptions to At-Will Employment Termination
Although at-will employment generally means both parties are free to terminate the working relationship there are some key exceptions an employer must consider before terminating a worker’s employment:
- Public Policy – Employers must follow the law under the public policy exception. For example, if an employee requests FMLA leave or is injured and needs to file a workers’ compensation claim, it is not permissible to terminate employment. The law must be followed.
- Discrimination – It is also unlawful to terminate employment due to discrimination on the basis of race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability and genetic information.
- Employment Contracts – Employment contracts between an employer and employee are legally binding agreements that may preclude an employer from firing an employee without good reason. Even exceptions for implied contracts, such as informal promises made verbally or in writing may be considered.
Good Faith Practices Key
Although employers do not need specific reasons to terminate at-will employees, they should treat employees with fairness a respect. At-will employees have many protections in the workplace under both federal and state laws to include anti-discrimination laws, workers’ compensation law, FMLA, work safety regulations, unemployment insurance and the right to bring a legal claim if there is any evidence of harassment or retaliation.
Contact an Experienced Wrongful Discharge Attorney for Help
When you have been wrongfully discharged from your job, it is important to discuss your situation with an experienced employment law attorney who can advise you of your rights. Contact the Wisconsin employment law attorneys of Alan C. Olson & Associates for immediate assistance at 262-785-9606.
