Legal Question in Employment Law in Wisconsin

wrongful termination

can an employer fire an employee without suspending them first in the state of wisconsin


Asked on 11/21/08, 5:03 pm

1 Answer from Attorneys

Matthew MacKelly Attorney at Law

Re: wrongful termination

Generally, yes. Otherwise, "it depends." Wisconsin is an "at-will" employment state. Each state that happens to be an "at-will" state applies the law a little different, but, in Wisconsin, unless there is an employment contract or documentation that says otherwise, the employer may fire an employee for a good reason, a bad reason, no reason -- regardless of warnings and suspensions -- except if the reason for termination is discriminatory, some other violation of the Wisconsin Fair Employment Act ("WFEA") or some other "public policy."

Sometimes, however, employers put progressive discipline provisions in an employment handbook or other workplace policy that might be able to be construed as contractual, which could then give the employee a right to have progressive discipline (which may or may not include suspension) enforced prior to termination.

But again, as a general rule, the employer can lose its will to keep employing any employee at any time without first suspending the employee.

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Answered on 11/21/08, 5:25 pm


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