Wisconsin is an “at-will” state, meaning that you can be fired for any reason, as long as that reason is not unlawful. Here is a list of questions to ask yourself after you are fired to evaluate if your termination may have been unlawful:
1) What is the employer’s given reason for the termination?
While your employer is not required to give you the reason for the termination, often they do. If the reason stated by the employer is false or misleading, the employer may be trying to hide the true reason for the termination, and you should dig deeper. Further, if the employer did not fire other employees for similar reasons, you will want to find the differences between you and those other employees, which will be important to write down.
2) Why do you think you were fired?
As stated above, the employer may fire you for one reason, but state that it fired you for another reason. This is called “pretext.” For example, if your employer terminates you, stating that they are downsizing, but you believe it is because you filed a complaint of race discrimination against your manager, or because of your membership in a “protected class” then the given reason may be pretextual.
3) What is a “protected class” and what “protected classes” do I belong to?
Protected class refers to the characteristics or other protected actions that can not be used as a reason to fire an employee. The Civil Rights Act of 1964 protects employees from discrimination on the basis of sex, race, religion, nation origin, and color. Other federal and state laws protect employees from discrimination on the basis of disability, age, marital status, arrest and conviction record, military status, pregnancy, and more. One way to show discrimination is to present evidence of a pattern of mistreatment towards a protected class, for example female employees or Asian employees.
4) Were there any witnesses to the events leading to my termination?
As soon as possible, write down the names, job titles, and contact information for any witnesses to events which you believe were unlawful. This will make it easier to contact them later to testify if necessary.
5) What evidence do I have?
If you believe you have been fired unlawfully, you need to start collecting evidence immediately. This includes emails, text messages, other communications, photographs, videos, and any other pieces of evidence which support your claims. Your employer will take away your access to any files owned by them, so you will want to collect any communications sooner rather than later.
6) Should I be looking for another job?
Yes. The wage damages associated with your case will not accumulate forever. You are required to make a good faith effort to become re-employed if possible, “mitigating” your damages. In Wisconsin, it is common for wage damages to be granted for less than six months, unless you can show that you have actively been looking for a job in the meantime. Further, employment cases in both the Wisconsin Equal Rights Division and the Equal Employment Opportunity Commission can take upwards of 18 months to reach the first decision (which can be appealed further).
7) Should I contact an attorney?
If you believe that you were terminated because of your race, sex, disability, gender, age, national origin, color, or any other protected class, you should contact an attorney immediately. To contact the employment attorneys at Seifert, Small & Associates LLC, call 414-273-9900 or email info@seifertsmall.com to set up an appointment.