Can I sue for wrongful termination in Wisconsin?
1. At-Will Default
Wisconsin is at-will under Brockmeyer v. Dun & Bradstreet, 335 N.W.2d 834 (Wis. 1983).
2. Public Policy Exception
Brockmeyer recognized a narrow public-policy exception limited to discharges that violate a "fundamental and well-defined public policy" expressed in statute or constitution. Examples: refusing to commit perjury (Brockmeyer), filing workers' comp (Wis. Stat. § 102.35(3)), reporting child abuse, exercising statutory right.
3. Implied Contract
Recognized — Ferraro v. Koelsch, 368 N.W.2d 666 (Wis. 1985) — handbook provisions can create contractual obligations when accepted by continued employment.
4. Implied Covenant of Good Faith
Not recognized for at-will termination.
5. Statutory Discrimination Claims
Wisconsin Fair Employment Act (WFEA), Wis. Stat. § 111.31 et seq., protects race, sex, age (40+), disability, sexual orientation, marital status, arrest/conviction record, military service, use of legal products outside work, etc. Enforced by DWD Equal Rights Division; charge within 300 days. WFEA does not allow compensatory/punitive damages (limited to back pay, reinstatement, costs). Title VII via EEOC.
6. Retaliation Statutes
Wis. Stat. § 102.35(3) — workers' comp retaliation (administrative, not court). § 230.83 — public employee whistleblower. § 146.997 — healthcare worker whistleblower. § 111.322 — WFEA retaliation.
7. WARN Act
Wis. Stat. § 109.07 — Wisconsin Business Closing/Mass Layoff Law: 60 days' notice for employers of 50+ (lower threshold than federal). Federal WARN also applies.
8. Damages
Public-policy tort: back pay, compensatory, possibly punitive in egregious cases. WFEA: back pay, reinstatement, costs/attorney's fees only — no compensatory or punitive (Hoell v. LIRC; statutory limitation). Title VII: capped compensatory/punitive.
9. Statute of Limitations
Public-policy tort: 6 years (Wis. Stat. § 893.43); WFEA: 300 days; WC retaliation: 2 years; written contract: 6 years.
This is legal information, not legal advice.
- Your handbook contained just-cause language (Ferraro implied contract)
- You were fired for refusing to commit perjury or violate clearly stated Wisconsin law
- You faced discrimination — note WFEA does not allow compensatory damages, consider Title VII
- Wis. Stat. § 111.31 (WFEA)
- Wis. Stat. § 109.07 (WI WARN)
- Wis. Stat. § 102.35(3) (WC retaliation)
- Brockmeyer v. Dun & Bradstreet, 335 N.W.2d 834 (Wis. 1983)
- Ferraro v. Koelsch, 368 N.W.2d 666 (Wis. 1985)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.