[WI] Can an employer refuse to hold your job while you recover from a workers’ compensation injury?

Lexi, Chatbot

I'm sorry to hear about your situation; it must be very stressful to deal with an injury and job uncertainty. Can you tell me how long you have been employed with your current employer?

Lexi, Chatbot

Have you received any written communication from your employer regarding your job status or the decision to not hold your position?

Lexi, Chatbot

Is there anything else the Employment Lawyer should know before I connect you? Rest assured they'll be able to help with your job security.

TJ, Esq.

Hello! I'm an attorney with over 20 years of experience. Thanks so much for the opportunity to assist you!

TJ, Esq.

Based on what you're describing, Wisconsin law protects you pretty well here. Employers can't fire or refuse to rehire someone because of a work comp injury, and that's exactly what sounds like happened. You likely have a claim for discrimination based on your work comp status. Your options include filing a claim with the Worker's Compensation Division of the Wisconsin Department of Workforce Development and, depending on the facts, filing a disability discrimination complaint. What kind of work do you do, and did your employer give any reason other than your injury for not holding your position?

TJ, Esq.

Your work comp contact was right. Wisconsin law is pretty clear that an employer can't terminate or refuse to rehire an employee because of a work comp injury, and the FMLA issue doesn't change that. The fact that you accepted the Welcome Center position before your surgery and they're now refusing to hold it because you can't return by June 14 due to your work comp recovery is exactly the kind of retaliation the law prohibits. You had a conditional job offer, and pulling it because of your injury status is illegal.

What makes your situation even stronger is that your employer knows this is work comp related. They can't claim they didn't know about your status or the injury. The timing also matters here since you accepted that position the day before surgery, showing you were actively working and moving forward in your role.

You have a few paths forward. You can file a claim with the Worker's Compensation Division of the Wisconsin Department of Workforce Development, which handles work comp refusal-to-rehire claims. You may also have a separate disability discrimination claim with the department's Equal Rights Division or the federal EEOC. Some people do both. Either way, you'll want to preserve all communications from your employer about this decision, including that email they sent.

When you say they won't hold either position, did they explicitly state in writing that the reason is because you can't return by the June 14 date, or did they use different language?

TJ, Esq.

Thanks for getting back to me and for those additional details. This actually strengthens your position considerably.

TJ, Esq.

WHAT'S HAPPENING HERE

Your employer is trying to use the "displaced worker" label to make this sound routine, but it's not. They're terminating two positions you held or were about to hold, and the timing and reason are what matter legally. The fact that they did this by phone and then followed up with email is actually helpful for you because you have a paper trail.

THE LEGAL ISSUES

Wisconsin has two main protections working in your favor here. First, employers cannot retaliate against employees for filing a work comp claim or for being injured at work (see Wis. Stat. § 102.35(3)). That's a standalone violation. Second, the ADA paperwork they required your surgeon to complete suggests they may be aware of disability accommodations, which means they likely knew you might need time to recover (Wisconsin's Fair Employment Act also prohibits disability discrimination; see Wis. Stat. § 111.34). Denying you both positions while you're still in active work comp recovery and before your doctor has cleared you looks like retaliation.

The FMLA issue they mentioned is kind of a red herring. FMLA protects your job for up to 12 weeks if you're eligible (see 29 U.S.C. § 2611 for federal eligibility and Wis. Stat. § 103.10 for Wisconsin's state version), but Wisconsin's work comp retaliation law doesn't require FMLA eligibility. You've only been there since October 2025, so you probably don't qualify for FMLA anyway, but that doesn't matter. Work comp protection is separate and broader.

The Welcome Center position is particularly important. You accepted that job offer before your surgery, which means you were actively employed and moving forward in your career. Pulling that offer because you can't start on June 14 due to your work comp recovery is textbook retaliation.

YOUR NEXT STEPS

Get that email and read it carefully. Look for any language that connects the decision to your injury, surgery, work comp status, or inability to return by a certain date. Even if they don't use the word "injury," language like "unable to return as scheduled" or "medical restrictions" shows the connection.

You have two main options, and you can pursue both.

The first is filing a refusal-to-rehire claim with the Worker's Compensation Division of the Wisconsin Department of Workforce Development. This is free and relatively straightforward. If you win, the employer can be ordered to pay the wages you lost during the refusal, up to one year's wages.

The second is a disability discrimination complaint with the department's Equal Rights Division or the federal EEOC, based on the ADA paperwork and the timing of the decision.

Many attorneys take these cases on contingency, meaning you don't pay unless you win.

I understand why you want to do both positions if you're able. That shows good faith and strengthens your case because it proves you were ready and willing to work. Keep that in mind if you do connect with an attorney.

TIMING MATTERS

Your return to work date is June 10, which is coming up. That's also important because it shows you're close to being cleared. If your doctor clears you on or around that date, you'll have a strong argument that the employer should have waited or accommodated you.

PRESERVING EVIDENCE

Save everything. That email, any text messages, voicemails, the ADA paperwork, your work comp file, your medical records showing your surgery date and recovery timeline, and anything else documenting this situation. If you can, write down details of the phone call while they're fresh, including who called, what they said, and when it happened.

LOCAL ATTORNEY SEARCH

Since you haven't heard back from the attorneys you contacted, I'd recommend reaching out to the State Bar of Wisconsin. They have a lawyer referral service that can help you find someone who handles work comp retaliation cases. You could also try contacting your local legal aid society if money is tight, though they may have income limits.

TJ, Esq.

Does this answer what you needed to know? Anything you'd like me to clarify or dig deeper into?

TJ, Esq.

You're very welcome! I'm glad I could help. Thanks so much for using our service. Feel free to reach out anytime you need help with a legal question!