Losing your job unexpectedly can be one of the most stressful situations in life. At Hawks Quindel, S.C. we have extensive experience helping Wisconsin workers through times like this. In this post, we’ll talk about some concrete tips that can help you protect your rights if you’ve just been laid off or fired.
Consider filing for unemployment
In Wisconsin, workers who are fired or laid off are usually eligible for unemployment insurance benefits by default unless their employer can show that they fired the worker for “misconduct” or “substantial fault.” In general, this means that you should receive benefits unless you were fired for serious rule violations or other types of bad actions at work. This doesn’t mean that any rule violation or mistake will disqualify you for benefits. So even if your employer says that you were fired for doing something wrong, it’s probably worth your time to file for unemployment benefits unless you think that there’s no question that you were fired for a very serious violation. Just be sure to be honest in your application for benefits and when speaking with the unemployment investigator—intentionally lying or concealing important information can lead to serious penalties.
If your unemployment application is denied, or if benefits are awarded but the employer appeals, you can contact the Unemployment Compensation Appeals Clinic to see if they can help. To schedule an appointment, call United Way of Dane County at 211 (if you live in Dane County) or at (608) 246-4357.
Make sure you’re paid for all hours worked
Employers often refuse to pay a worker’s final paycheck, especially when the worker quit with little notice or was fired for cause. But your employer is required to pay you in full for all hours worked, regardless of how your employment ended. If your employer refuses to pay you for some or all of your hours worked in your final pay period, even after you bring the issue to their attention, consider filing a complaint with the Wisconsin Department of Workforce Development. Usually the amount of unpaid wages is too small for it to make sense to get an attorney involved, but if you’re owed a couple thousand dollars or more, you might want to consider seeking legal assistance in recovering your unpaid wages.
Think about whether your termination was illegal
The general rule in Wisconsin (and almost all of the rest of the country) is that employment is “at-will.” In other words, an employer can terminate a worker at the employer’s will, for almost any reason, good or bad, right or wrong—or for no reason at all.
But there are exceptions to this rule. The most well-known exceptions are anti-discrimination laws that prohibit termination based on certain personal characteristics. Most people are aware that it’s illegal to fire someone because of their race, sex, age, religion, or disability, but there are many other such “protected classes” under local, state, and federal law. To name just a few, Wisconsin workers are also protected against discrimination based on veteran status, pregnancy, use of leave under the Family and Medical Leave Act, arrest and conviction records, and even the use of lawful products such as alcohol and tobacco while off-duty.
In addition to anti-discrimination laws, there are so-called “whistleblower” laws that protect you from termination for making protected disclosures or complaints, including complaints about illegal discrimination, safety violations, and many more. If your workplace has a union contract, you are likely protected from termination unless the employer can show “good cause” to fire you. And if you are fired for refusing to do something illegal, or for doing something that you were legally obligated to do, that can also be an illegal termination in violation of state public policy.
If you suspect that you might have been illegally terminated for any of these reasons, you should contact a lawyer immediately. Different laws have different “statutes of limitations,” meaning that you can lose the right to file a complaint unless you do so within a certain period of time. There are too many statutes of limitations to list here, but they can be as short as 30 days (for example, filing a complaint with OSHA if you are fired in retaliation for raising certain safety concerns).
You may also want to request a copy of your personnel file from your employer to see what it says about your disciplinary history and your termination. Under Wisconsin law, Wis. Stat. § 103.13, all employees have the right to view their complete personnel files at least twice per year. The employer is required by that law to provide your personnel file within seven working days of your request. An employer can technically comply with the statute by allowing you to come into the workplace and view the physical file, but employers will usually agree to provide you with a scanned copy by email.
Consider any severance offer carefully
If your employer offers you a severance payment, it will almost always be part of a contract in which you agree to “release” all claims against the employer, meaning that you waive the right to sue them for almost any reason related to your employment or termination. Such agreements often include other important terms, such as non-disparagement provisions, confidentiality requirements, non-compete provisions, to name a few.
Even if you think that you don’t have any potential claims against your employer that would be worth bringing, it can be helpful to review the agreement with an attorney to make sure you understand your obligations under it. But if you suspect that you might have been terminated illegally, it is often a good idea to talk with an attorney to see whether they believe that it would be worth negotiating for additional severance, or even refusing severance entirely and filing a claim against the employer.
Hawks Quindel attorneys are ready to help
The attorneys at Hawks Quindel, S.C. have experience helping workers navigate the unexpected loss of a job. If you’d like to discuss any of the issues described above, or any other issues related to your termination, contact Hawks Quindel, S.C. to schedule a consultation.