Wisconsin is an at-will employment state, meaning employers may terminate employment or employees may quit their jobs for any reason or no reason at all as long as it is not illegal. General personality conflicts, rude behavior, or even bullying prompting a fed-up employee to quit their job may not be actionable unless it involves a protected characteristic under federal or state law.
For example, the Wisconsin Fair Employment Act (WFEA) prohibits discrimination, harassment, and hostile work environments if based on a protected class such as race, color, religion, sex (including sexual harassment), age (40+), disability, national origin, sexual orientation, arrest/conviction record, military service and others. If there is evidence of discrimination that pushed an employee to quit, they may have a constructive discharge/wrongful termination claim against their employer.
Constructive discharge is treated as employment termination and requires proving that the conditions at work were so intolerable that a reasonable person would quit—and that the intolerability stemmed from illegal discrimination or another statutory violation (e.g., retaliation for whistleblowing or refusing illegal acts).
Although Wisconsin has no specific law against non-discriminatory workplace bullying, if the bullying was based on (or perceived as based on) a protected class, or another statutory violation there may be a claim which may present in the workplace as:
- Ostracism (excluded from work activities or engagement) or harassment due to race, gender, disability, etc. that results in a hostile work environment
- Retaliation (failure to promote, lost benefits, harassment) for protected activity such as complaining about discrimination, safety issues, or wage violations
- An employee quitting rather than being forced to violate public policy aka breaking the law
In a hypothetical scenario, an older (40 employee) could potentially have a viable claim for constructive discharge (quitting treated as a forced termination) if the disparate treatment – ongoing exclusion, ostracism, or hostility— is tied to their age) and creates a severe or pervasive hostile work environment. Under the Wisconsin Fair Employment Act (WFEA) and federal laws such as Title VII and ADEA, discrimination and harassment protections cover ages 40+. If an employee quits, evidence of hostile work environment based on discrimination or retaliation for making a complaint can support a constructive discharge claim under the WFEA or federal law, potentially allowing recovery of back pay, reinstatement, or payment of other damages.
A hostile work environment may include ostracism (e.g., not including the employee in meetings, social interactions, or opportunities) and ongoing hostility if it’s severe or pervasive enough to alter working conditions, and a reasonable person would find it intimidating, hostile, or abusive. Isolated incidents usually don’t suffice, but cumulative exclusion/hostility can.
Disparate treatment includes an employee’s treatment stemming from a protected characteristic can strengthen a constructive discharge case. For example, in an age bias scenario, evidence showing favoring younger workers/hires, derogatory comments, assumptions about retirement, or other patterns that disfavor older workers could support a claim.
Quitting a Job Due to Intolerable Conditions Based on Protected Characteristic
Sometimes, quitting a job counts as wrongful termination if conditions are so intolerable (due to the illegal hostility) that a reasonable person would resign. This requires aggravating factors beyond basic discrimination, e.g., severe ongoing exclusion leading to isolation, humiliation, or inability to perform the job effectively.
Contact Our Experienced Wrongful Termination Lawyer for Help
Constructive discharge cases have a high bar to meet. General “toxicity” or personality conflicts aren’t enough; an employee must prove the hostility they experienced was severe and was due to a protected characteristic, not just coincidental. That said, it is not uncommon for someone to be driven out of their job due to harassment related to discrimination or retaliation. If you have facts to support a wrongful termination claim, it is important to seek the help of an experienced employment law attorney. Contact the employment law offices of Alan C. Olson & Associates for help today.
