Legal Question in Workers Comp in Wisconsin

i was written up at work once for checking my email and the other time for listening to music while i was activley doing my work at which my boss does the same thing but i was the only one written up. i have been working for this job for goin on three years now and has never been written up before and now that we have a new boss he has written me up twice in within the last three months for petti things and not once before writting me up did he try to talk to me and inform me of if i were doin anything wrong.


Asked on 6/08/10, 3:05 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

WI is known as an "employment at will" state, meaning that a worker can be fired for no reason, unless he is protected by an employment contract or collective bargaining agreement. Without either of these, there is no law which requires the employer to verbally discuss a problem prior to "writing up" an employee (although good tast might suggest otherwise). The fact that they are not even bothering to speak with you is certainly not a good sign, however, since it might indicate that they are tyring to get rid of you rather than work with you to improve by immediately creating a "paper trail" of reprimands. You therefore need to immediately consult with an experienced employment attorney. The fact that the boss also checks email, etc., may not help you, since no uniform rules are required by law. As an employer myself, I can also advise that employees wasting time on the internet is a huge problem, making it easy to understand why they may be taking a "zero tolerance" position. My comments in this online forum are offered for public educational purposes only and are not legal advice, nor do they create any attorney/client relationship between us. Even if I were advising you, the background information which you provided did not include sufficient detail to allow any sort of reliable advice upon which you should rely. Finally, I may be able to represent you if you contact my Racine office and make arrangements formally retain me. I represent clients throughout the state of WI.

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Answered on 6/09/10, 4:43 am


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