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Wrongful Termination in Wisconsin: Your Rights

Understanding wrongful termination protections in Wisconsin. This guide covers at-will exceptions, protected classes, whistleblower protections, and how to file a claim.

Data last updated: Jan 15, 2025

Key Takeaways

  • At-will employment: Yes.
  • Public policy exception: Recognized.
  • Implied contract exception: Not recognized.
  • Filing deadline: 300 days for ERD complaints; 300 days for EEOC (dual filing).
At-Will Employment doctrine
Yes Public policy exception
No Implied contract exception
No Good faith exception

At-Will Employment in Wisconsin

Wisconsin is an at-will employment state. Employers can terminate employees for any lawful reason or no reason at all.

Recognized Exceptions

  • Public policy
  • Statutory protections (WFEA)

Protected Classes

In addition to federal protections, Wisconsin prohibits employment discrimination based on:

  • Race
  • Color
  • Religion
  • Sex
  • Sexual orientation
  • National origin
  • Ancestry
  • Age (40+)
  • Disability
  • Marital status
  • Arrest/conviction record
  • Military service
  • Use of lawful products off-duty
  • Genetic testing

Whistleblower Protections

Wisconsin law protects employees who report violations of law and those who refuse to participate in illegal activities.

Filing a Claim

  • Filing deadline300 days for ERD complaints; 300 days for EEOC (dual filing)
  • State agencyWisconsin Department of Workforce Development – Equal Rights Division (ERD)

Back pay, reinstatement, compensatory damages (limited), and attorney fees. No punitive damages under state law.

Wisconsin Department of Workforce Development – Equal Rights Division (ERD) website

Related Resources

Frequently Asked Questions

  • What is the Wisconsin Fair Employment Act?

    The WFEA prohibits employment discrimination and applies to employers with 1 or more employees, making it one of the broadest in coverage.

  • Does Wisconsin protect sexual orientation?

    Yes. Wisconsin was the first state to prohibit discrimination based on sexual orientation (1982). Gender identity is not explicitly listed.

  • What is unique about Wisconsin's protections?

    Wisconsin protects use of lawful products off-duty and prohibits discrimination based on arrest/conviction records (with exceptions for certain positions).

  • How do I file a complaint in Wisconsin?

    File with the Equal Rights Division within 300 days of the discriminatory action.

Legal Disclaimer: FreeNetLaw provides general legal information, not legal advice. The information on this site is not a substitute for consultation with a licensed attorney. Laws vary by jurisdiction and change frequently. Always verify information with official sources and consult a qualified attorney for advice about your specific situation.

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