Wisconsin Wrongful Termination Legal Questions

If you worked for an employer covered by the Family Medical Leave laws and you qualify for protection, then you may have a claim under Federal or Wisconsin law. Generally, a covered employer is one that has 50 or more employees. A covered employee is one that has worked for the employer for 1 year or more and has worked at least 1,000 hours in the past 52 weeks (Wisconsin law) or 1,250 hours in the past 12 months (Federal law). If these requirements are met for coverage, then the employer may have had a legal obligation to permit you to care for your daughter. Under Wisconsin law, you must file a complaint with the Equal Rights Division, Department of Workforce Development, within 30 days of the termination. Federal law requires you to file a complaint in court within 2 years, generally, but you have 3 years if the violation was willful. Don't delay in contacting the Wisconsin Equal Rights Division to file a complaint. The ERD will conduct an investigation and make an initial determination on whether you are covered by the Wisconsin law--not the Federal law. We have more information on Family Medical Leave and how to file a complaint with the ERD on our website at http://www.celcwi.com/medical_leave.html.... Read More

A termination of employment because you were hospitalized may violate the Federal or Wisconsin family medical leave laws and also the disability discrimination laws. Whether you are covered by these laws requires a detailed analysis of your employment and the facts surrounding the medical condition and hospitalization. I recommend that you consult with an employment attorney licensed in Wisconsin to see if these laws provide you with protection from termination. I have more information on these laws on our website at www.celcwi.com. Look for the Employment Discrimination pages and discussions of Family Medical Leave. Don't delay in taking action. Most employment discrimination claims require the filing of an administrative complaint within 300 days. Wisconsin's medical leave law generally requires a complaint being filed within 30 days, but there are exceptions, and Federal law requires a civil law suit under the Family Medical Leave Act within 2 years, 3 years if the violation is willful.... Read More

When you file for unemployment, the Department sends the employer a form that asks the employer to state the reason why you are not working. When an employer terminates your employment or reduces your hours for reasons other than misconduct, it incures a liability, of sorts, against its unemployment benefit account. Essentially, the employer will incur a cost because an employee/former employee is now using benefits due to the employer's action. An employer may try to avoid this expenses by wrongfullly claiming an employee quit or was terminated for misconduct. Some employers may be dishonest and lie about the reason for termination or lack of hours to avoid this expense, and the innocent consumer suffers. This happens, though the employer is really violating its duty to resepond truthfully. The employer may get away with it if the claims adjudicator believes the lie. If so, you need to appeal the denial and go to a hearing where you can offer testimony and other evidence that shows you did not resign. The employer will have to present evidence too, and it may avoid lying face-to-face under oath to an appeals referee by not showing up. If the employer does show up and lies, saying you resigned, and the referee does not believe the employer, you will get your benefits. It is not likely that anything adverse will happen to the employer or its lying witness, unfortunately, other than the employer's unemployment account will incur the liability for your claim.  In reality, there are likely employees that have misrepresented the truth as well, and that is just as unfortunate as an employer that lies. So can an employer lie about the reason for your lack of work or termination? Yes. But that does not mean you cannot get your benefits.... Read More

 Wisconsin law does not provide an employee generally with a right to have the employer consider other supervisors or co-worker's opinions or input in the disciplinary process. The exception may be if you have an employment contract or the employer has a policy in place that provides for certain rights like this upon a proposed termination or other disciplinary matter. If you think your rights were violated or want to find out about the rights you may or may not have in this situation, then it is best to discuss this matter in a consultation with an attorney that is familiar with Wisconsin employment laws. Every situation is different, so a general statement about the law may not best answer your questions.... Read More