An employer in the state of Wisconsin can technically terminate an individual for virtually any reason. I would say that because, in Wisconsin, we have an at-will policy, meaning employees are at will. That being said, if it is a termination directly as a result of the workers’ compensation matter or claim, there can be consequences for that. Under the Wisconsin Workers’ Compensation Act, we have a claim called a 102.35(3), or a wrongful refusal-to-rehire claim, and in the event that the injured worker was terminated as a result of the work injury, and they have a compensable injury, and it was not for a legitimate business purpose, there can be a consequence of up to a year’s worth of wages that are paid.
So, while an employer can technically terminate in most instances, if it’s clearly retaliatory and clearly as a result of the work injury, there can be significant consequences for that employer.
