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Termination & Discharge FAQs

What is wrongful termination?

Wrongful termination is a phrase often used to describe a termination that someone feels was “unjust” or “unfair.” However, in Wisconsin, wrongful termination is actually a specific form of retaliation that occurs when an employer terminates an employee because they refused to perform an illegal act or reported their employer’s unlawful or illegal conduct.

Is wrongful termination different from an unlawful termination or unlawful dismissal?

All three phrases are often used when someone feels they were fired for an “unjust” or “unfair” reason. In Wisconsin, “wrongful termination” specifically relates to a form of retaliation. Wrongful termination retaliation occurs when an employer terminates or fires an employee because they refused to perform an illegal act or reported their employer’s unlawful or illegal conduct.

In Wisconsin, can I be fired for no reason?

Yes. Employment is at-will in Wisconsin. This means that unless someone has an employment contract stating otherwise, an employer can fire an employee for a good reason, no reason, or even for reasons that are could be considered morally wrong. As long as the termination does not violate any employment laws, it is legal in Wisconsin.

When is it okay to quit my job?

Before you do anything, contact an employment law attorney, such as those at Walcheske & Luzi, LLC. An employment law attorney can analyze your situation, help yhou through it, and advise you of your options so that you do not hastily do something you may later regret.

This is particular true if you have any indication that you may be the victim of discrimination, harassment, or retaliation in the workplace. In such scenarios, the law generally expects you to grin and bear it until the employer takes a drastic adverse action, such as terminating your employment. For this reason, it usually will not benefit your potential claim to quit, while it may benefit you personally and emotionally. An employment law attorney can help you and advise you of your options so you don’t do anything you’ll regret later.

Even if you have absolutely no reason to believe that you are being subjected to discrimination, harassment, or retaliation, you should consult with an employment law attorney before quitting.

My unemployment claim was denied, what should I do?

If your unemployment claim was denied and you disagree with that denial, your first step is to file an appeal.  Immediately after filing your appeal, contact an employment law attorney and schedule a consultation to discuss the facts and circumstances leading up to your loss of employment.

Remember that after you file an appeal, your case will be set for a hearing before an Administrative Law Judge. An employment law attorney, such as those at Walcheske & Luzi, LLC may be able to represent you at the hearing and increase your chances of success.

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