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Can employers fire workers for any reason in Wisconsin and nearly every other state?
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Yes.
At-will employment is the law in every state except Montana.
That generally means employees in every other state can be fired at any time for any reason.
Montana allows at-will termination only during an employeeβs probation period.Β
At-will also means employers can change the terms of the employment, such as wages or hours, with no notice.
There are at-will exceptions.Β
Firing cannot be illegal. For example, an employee canβt be terminated based on discrimination.Β
Also, employees who have a contract or are covered by union collective bargaining agreements are not at-will. Many government employees are not at-will.
Wisconsin has another exception, established by the state Supreme Court: A termination isnβt legal if it βclearly contravenes the public welfare and gravely violates paramount requirements of public interest.β
Other countries generally allow employers to fire employees only for cause, such as poor performance.
This fact brief is responsive to conversations such as this one.
Sources
- U.S. General Services Administration: Termination guidance for employers
- Justia.com: How At-Will Employment Affects Employees' Legal Rights
- Montana Code: Elements Of Wrongful Discharge
- Wisconsin Law Library: Employment Relations: Wrongful Discharge β Public Policy
- Justia.com: Brockmeyer v. Dun & Bradstreet
- Papaya Global: Employment Termination Around the World
- FindLaw.com: How Does Due Process Protect a Public Employee?
- FedEmploymentAttorneys.com: Are Federal Employees At-Will Employees?
Can employers fire workers for any reason in Wisconsin and nearly every other state? is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.
