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What is wrongful termination in Wisconsin?

Federal & State Law Editorial TeamLast reviewed: 2026-05-02

Wisconsin recognizes at-will employment with a narrow public policy exception and broad statutory anti-discrimination protections.

1. Brockmeyer Public Policy Exception

Brockmeyer v. Dun & Bradstreet, 113 Wis. 2d 561 (1983), recognized the wrongful discharge tort but limited it to terminations that violate a fundamental and well-defined public policy as evidenced by existing law. The court has been cautious in expanding Brockmeyer. Examples:

  • Filing a workers' comp claim.
  • Reporting illegal activity to authorities.
  • Refusing to commit perjury.

    • 2. Wisconsin Fair Employment Act — Wis. Stat. § 111.31

    One of the most expansive state anti-discrimination statutes:

  • Race, color, creed, ancestry, national origin, sex, age (40+), disability, marital status, sexual orientation, military service, use or nonuse of lawful products off premises during nonworking hours, arrest record, conviction record, genetic testing, declining to attend employer-sponsored religious meetings.
  • Applies to employers with 1+ employees.
  • Administered by the Department of Workforce Development, Equal Rights Division.
  • File complaint within 300 days. No private right of action — must go through ERD.

    • 3. Health Care Worker Protection Act — Wis. Stat. § 146.997

    Whistleblower protection for healthcare workers reporting violations.

    4. Bone Marrow / Organ Donation Leave — Wis. Stat. § 103.11

    Prohibits termination for taking such leave.

    5. Workers' Comp Retaliation — Wis. Stat. § 102.35(3)

    Provides for reinstatement and 1-year of back pay if employer unreasonably refuses to rehire.

    6. Wisconsin Family and Medical Leave Act — Wis. Stat. § 103.10

    Provides leave protections supplementing federal FMLA.

    7. Personnel Records Right to Know — Wis. Stat. § 103.13

    Allows employees to inspect personnel files.

    8. WARN Act — Wis. Stat. § 109.07

    Wisconsin Business Closing Notice Law requires 60-day notice for closures or mass layoffs of 25+ employees (broader than federal 100). Penalty: pay and benefits during the violation period.

    9. Statute of Limitations

  • Brockmeyer tort: 2 years (Wis. Stat. § 893.57).
  • WFEA: 300 days to ERD.
  • Workers' comp retaliation: 2 years.

    • This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Your employer has 25+ employees and is closing or laying off — Wisconsin WARN may apply
    • You face the 300-day ERD deadline and there is no private cause of action
    • Your protected activity falls outside Brockmeyer's narrow exception
    Related Statutes & Laws
    • Wis. Stat. § 111.31
    • Wis. Stat. § 102.35
    • Wis. Stat. § 109.07
    • Wis. Stat. § 146.997
    • Wis. Stat. § 103.10

    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.