Legal Question in Workers Comp in Wisconsin

Discharge of Worker's Comp Recipients, Employment at Will, 440-205 Claims

Generally speaking, WI is an �employment at will� state, meaning that terms of an employment contract must be negotiated privately between employer and employee. Without contractual protections, often achieved via collective bargaining, there more or less are no rights�employers can discharge at any time for no stated reason. There are, however, both state and federal laws against some forms of discrimination. These apply only to various protected classes of workers (for example, racial minorities), regardless of whether or not they are receiving worker�s comp. Many southern states, on the other hand, are �right to work� states, where certain aspects of an employment contract are presumed by law to exist. I do not know what a �440-205� claim is. The WI statute under that number relates to the WI Department of Regulation and Licensing rather than to worker's compensation. On the issue of protections from discharge for injured employees receiving worker's comp, I am likewise not qualified to respond. Although I practice in the area of compensation for work injuries, your question goes into other realms of employment law. You should redirect your question to someone on the panel who practices in the area of employment law and collective bargaining.