[WI] What constitutes retaliatory termination?
25
10
Termination based on expressing your concerns in this case — even with good annual reviews and raises — doesn’t make the termination illegal, unfortunately. Also, employment relationships are presumed to be “at-will” in the U.S. At-will means that an employer can terminate, suspend, change your shift, change your duties, reduce your pay, or reprimand you at any time for any reason, except if the termination violates public policy (for example, an illegal reason like racial discrimination).
(See, e.g., Kempfer, 211 Wis.2d at 113, 564 N.W.2d 692; Bushko, 134 Wis.2d at 146, 396 N.W.2d 167; Tatge v. Chambers & Owen, Inc., 579 N.W.2d 217, 219 Wis.2d 99 (Wis. 1998)).
The law also allows an employee to quit for any reason, or no reason at all, without incurring legal liability. I know it’s a lot to take in, but does that help make sense of things a bit more? I want to make sure I didn’t leave anything out.
Upvote if this is a clear answer
Downvote if this is not a clear answer
Full Conversation
I may have been wrongfully terminated from my job. I believe it was retaliatory.
I’m sorry to hear that you’re going through this difficult situation with your job. Can you tell me when the termination occurred?
August 28, 2025.
Have you documented any incidents or communications that you believe support your claim of retaliation?
I can write up instances that support the claim.
Is there anything else the employment lawyer should know before I connect you? Rest assured, they’ll be able to help with your wrongful termination.
Yes
Hello! Legal Eagle here, and I’m an attorney specializing in your area of law. I’m more than happy to help you with your situation! What specific event or complaint do you believe triggered the retaliation?
I believe there were several instances; however, the most recent one was an employee engagement survey that I completed last night. I was advised multiple times throughout my employment to express my concerns in it, and I think my comments about how the company culture has suffered because of favoritism may have triggered this.
Thanks for sharing that. It sounds like a tough situation. Could you let me know where you're located? Also, have there been any previous incidents or complaints that might have contributed to this situation?
I’m located in Wisconsin.
Got it, thanks! How long have you been working with this company?
My annual performance review was “meets some expectations, needs improvement,” but I still got a raise. I don’t understand.
Ok! Did you need to tell me anything else? If not, I can start answering your question. Also, I really appreciate you using AskaLawyer — it means a lot to be able to help. Let’s make this a smooth session for you, and you can add me as a favorite after we’re done.
I feel I have a case of retaliation but also discrimination, as I was the only female on my team.
No problem! I’ll certainly address that. Is there anything else you’d like to add that you think is relevant before I answer?
I also tried to be a contributing member of the team when another female member, who left for another position, was very flirtatious when she didn’t get her way or couldn’t figure something out.
Ok! I just need a little time to draft up a high-quality answer. I’ll be with you as soon as possible. It won’t be terribly long, ok?
Plus, I always felt I was on an island of my own. The company culture was very insular, and when I brought that up to my manager, he gaslit me.
I’m so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask — employment law can get complicated. I’ve dealt with some terrible co-workers, managers, and subordinates in my time. One of the reasons I decided to become self-employed was because I just couldn’t take it anymore.
Nonetheless, it’s important to analyze the law in this situation. Harassment, retaliation, or discrimination is against the law; however, employment law only makes it illegal if the employer’s actions are based on your race, gender, age, religious affiliation, or disability. Employment law doesn’t necessarily cover people who act unprofessionally or unfairly.
Termination based on expressing your concerns in this case — even with good annual reviews and raises — doesn’t make the termination illegal, unfortunately. Also, employment relationships are presumed to be “at-will” in the U.S. At-will means that an employer can terminate, suspend, change your shift, change your duties, reduce your pay, or reprimand you at any time for any reason, except if the termination violates public policy (for example, an illegal reason like racial discrimination).
(See, e.g., Kempfer, 211 Wis.2d at 113, 564 N.W.2d 692; Bushko, 134 Wis.2d at 146, 396 N.W.2d 167; Tatge v. Chambers & Owen, Inc., 579 N.W.2d 217, 219 Wis.2d 99 (Wis. 1998)).
The law also allows an employee to quit for any reason, or no reason at all, without incurring legal liability. I know it’s a lot to take in, but does that help make sense of things a bit more? I want to make sure I didn’t leave anything out.
Yes, that makes sense. I figured that was the case. I haven’t signed my termination letter yet. There are some inaccuracies on it. Should I just sign it and take the severance package they provided me?
I hear you! In my experience, taking the severance is usually the best option — that way you can move on with money in your pocket.
OK, thank you.
I’m very sorry about what happened. I want to ensure you feel completely satisfied with our conversation. Were there any details I missed? Do you have any concerns about this issue that still need to be addressed? I’m happy to help.
