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Can I fire employees for reasons other than poor performance in Wisconsin? What are the requirements?

Yes, you can fire employees for reasons other than poor performance in Wisconsin, but there are certain requirements that must be met.

Probationary Period

During the probationary period, which is one year for original and promotional appointments to permanent, sessional, and seasonal positions in the classified service, an employee may be dismissed for any reason [1.4]. Upon such dismissal, the appointing authority shall report to the director and to the employee removed, the dismissal and the reason therefor [1.4].

Permanent Employees

After the probationary period, an employee may only be removed for just cause [1.1]. Employees with permanent status in class or who have served with the state as an assistant district attorney or an assistant state public defender for a continuous period of 12 months or more may only be removed, suspended without pay, discharged, reduced in base pay, or demoted for just cause [1.1]. It is just cause to remove, suspend without pay, discharge, reduce the base pay of, or demote an employee for work performance or personal conduct that is inadequate, unsuitable, or inferior, as determined by the appointing authority, but only after imposing progressive discipline that complies with the administrator’s standards under s. 230.04 (13m) [1.1].

Exceptions

There are some exceptions to the just cause requirement. An employee may be removed from a position during the probationary period for any reason [1.4]. Additionally, an employee may bring an action in circuit court against his or her employer or employer’s agent if the employer or employer’s agent retaliates, by engaging in a disciplinary action, against the employee because the employee exercised his or her rights under the first amendment to the U.S. constitution or article I, section 3, of the Wisconsin constitution by lawfully disclosing information or because the employer or employer’s agent believes the employee so exercised his or her rights [1.3].

Conclusion

In summary, during the probationary period, an employee may be dismissed for any reason, but after the probationary period, an employee may only be removed for just cause. However, there are exceptions to this requirement, such as retaliation against an employee for exercising their rights under the first amendment.

Source(s):
Jurisdiction

Wisconsin