Can my employment be protected?
Employment relationships in the State of Wisconsin are governed by what is known as the "at-will" doctrine. The employment relationship can be severed at any time by either the employer or the employee for any or no reason. Under the at-will doctrine, employers have the ability to terminate the employment of employees for any or no reason so long as it is not an illegal reason.
Am I protected from being terminated?
If an employee is under an at-will employment relationship, he or she still is afforded various statutory protections as a result of acts issued by the State of Wisconsin's Legislature. Those areas of protection prevent you from being terminated for a discriminatory reason.
Under the Wisconsin Fair Employment Act, an employee may not be terminated because of age, race, creed, color, disability, marital status, sex (including sexual orientation and pregnancy), national origin, ancestry, arrest record, conviction record, membership in the National Guard, state defense force or any reserve component of the U.S. or State of Wisconsin military forces, or use or nonuse of lawful products off the employer's premises during nonworking hours. (See Wisconsin Statutes 111.321.) If a person believes he or she has been terminated for a discriminatory reason, the person can contact the Department of Workforce Development, Equal Rights Division at 201 E. Washington Ave., P.O. Box 8928, Madison, WI 53708-8928, (608) 266-6860; or 819 North 6th St., #255, Milwaukee, WI 53203, (414) 227-4384.
If an employee is a union member, the employee may be provided further protections pursuant to an applicable collective bargaining agreement. If a collective bargaining agreement contains a "just cause" clause, then that provision alters the at-will doctrine. Members of unions must look to the collective bargaining agreement for clarification if the employee has a dispute with the employer over any discipline or discharge. Each collective bargaining agreement is unique.
Most unions have a union steward who can assist an employee with questions concerning the employment relationship. The union steward can contact union representatives for further assistance and clarification using union contracts and grievance procedures to resolve employment disputes provides both the employee and the employer with an efficient and effective means of resolving employment disputes. If an employee is a union member and is terminated, the employee may be required to use an arbitration system rather than attempting to obtain a remedy in the state court system.
What are the general employment laws?
Worker's Compensation. Wisconsin was in the forefront of implementing worker's compensation. The historical purpose of worker's compensation is to provide a system to compensate employees injured at work. The tradeoff for employers is to obtain an administrative procedure to resolve workers' injuries versus the state court system to resolve issues. There are deadlines for reporting injuries so, if an employee believes he or she is injured, the employee should immediately contact someone in the personnel or human resources department to file a notice of injury. In the majority of cases, worker's compensation injuries are resolved within the company.
If the matter is not resolved at that level, it eventually proceeds to a worker's compensation hearing held before an administrative law judge employed by the State of Wisconsin, Department of Workforce Development, Worker Compensation Division. For more information, contact the division at 201 E. Washington Ave., #161, P.O. Box 7901, Madison, WI 53707-7901, (608) 266-1340. Unemployment Insurance. If an employee is terminated from a job through no fault of himself or herself, the person generally is entitled to receive unemployment insurance. The employee should contact the local unemployment office, which can be found in the telephone book under Wisconsin, State of, Department of Workforce Development, Department of Unemployment Insurance Division. If a number is unavailable in the local telephone directory, then contact the Unemployment Insurance Division at 201 E. Washington Ave., #301X, P.O. Box 7905, Madison, WI 53707-7905, (608) 266-2722.
General Employment Regulations. The State of Wisconsin has many general employment regulations that govern employment. Questions on other employment-related issues can be addressed to the Department of Workforce Development at (608) 266-3131. Under general employment regulations, employees have a right to periodically review records held by the employer that impact the individual's employment. Employers do have rights to invoke grooming requirements if they provide prior notification to the employees when hiring. The minimum age for a person to work is 12 in Wisconsin.
By administrative rule, the Department of Workforce Development may set reasonable hours of work for minors. In general, minors between the ages of 14 and 18 shall not be employed during school hours unless they have completed high school. Minors must obtain permits in order to be able to work for employers.
What is minimum wage?
Wisconsin maintains a minimum wage law that changes occasionally. Complaints about receipt of wages and timing of payment of wages should be referred to the Wage and Hour Division of the Department of Workforce Development.
Can I be tested for honesty?
The State of Wisconsin maintains a statute that governs whether it is appropriate to use honesty testing devices in employment situations.
Do I have to sign a noncompete agreement?
Some employers require employees to execute noncompete agreements before beginning employment. The governance of noncompete agreements is found in Wisconsin's case law. Noncompete agreements are enforceable if they are found to be reasonable as to the time of the noncompete, the geographical limits of the noncompete, and the total scope of the noncompete agreement. A proper noncompete agreement can be a necessary to obtain employment from an employer.
Last updated: August 2002 |
