Can I sue for wrongful termination in Wisconsin?

Yes, if your termination falls within a recognized exception to at-will employment [§ 104.01]. You may need to file an administrative complaint first before bringing a lawsuit.

What damages can I recover?

Available remedies vary by claim type but may include back pay, reinstatement, and other compensatory relief.

How long do I have to file?

Deadlines vary by claim type. Discrimination claims must be filed within 300 days to file with the Wisconsin Equal Rights Division [§ 111.39]. Other claims may have different limitations periods.

Do I need an attorney?

Wrongful termination cases are complex. An experienced employment attorney can evaluate your case and significantly improve your chances of success.

Topic guideUpdated 2026-02-27

Wrongful Termination in Wisconsin — Know Your Rights

Q: What makes a termination "wrongful"?

A termination is wrongful if it violates a statute, public policy, or an employment contract. Public policy exception through case law; Wisconsin Fair Employment Act prohibits discharge for opposing discriminatory practices or for making a complaint, testifying or assisting in a WFEA proceeding, and for filing complaints or attempting to enforce rights under certain other listed statutes; an employer that without reasonable cause refuses to rehire an injured employee when suitable employment is available may be ordered to pay the wages lost during the refusal, up to one year's wages [§ 111.322; 102.35].

At-will exceptions, public policy protections, and how to challenge an illegal firing in Wisconsin.

While Wisconsin follows the at-will employment doctrine §104.01, not all terminations are lawful. Wrongful termination occurs when a firing violates the law. Public policy exception through case law; Wisconsin Fair Employment Act prohibits discharge for opposing discriminatory practices or for making a complaint, testifying or assisting in a WFEA proceeding, and for filing complaints or attempting to enforce rights under certain other listed statutes; an employer that without reasonable cause refuses to rehire an injured employee when suitable employment is available may be ordered to pay the wages lost during the refusal, up to one year's wages §111.322; §102.35.

When Is Termination Wrongful?

Termination may be wrongful if it violates:

A state or federal anti-discrimination law §111.321

The public policy of Wisconsin §111.322; §102.35

An express or implied employment contract

Anti-retaliation provisions (for reporting illegal conduct, filing complaints, or exercising statutory rights)

At-Will Exceptions in Wisconsin

Recognizes public policy exception and limited implied contract exception; Wisconsin has strong statutory employee protections under the Fair Employment Act §104.01.

Filing a Wrongful Termination Claim

To pursue a wrongful termination claim in Wisconsin:

Document the circumstances of your termination immediately

Preserve all relevant communications, performance reviews, and employment records

File a complaint with the Wisconsin Equal Rights Division (ERD), Department of Workforce Development within the applicable deadline §111.39

Consider filing a charge with the EEOC for federal claims

Consult with an employment attorney to evaluate your case

⚠The Statute of limitations for wrongful termination claims varies by theory. Public policy claims may have different deadlines than discrimination claims. Act quickly.

✓If you are offered a severance agreement, have an attorney review it before signing. Severance agreements often contain waivers of your legal rights.

Prepare for Your Consultation

Quick checklist (Employment Law)

Gather these before your first consultation.

Employment records

(pay stubs, contracts, offer letters)

Communication evidence

(emails, texts, performance reviews)

Witness information

(coworkers who can corroborate)

General preparation tips only. Specific needs depend on your state and employment situation.

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