employment-at-will doctrine (Wisconsin) · Go Syfert
← Wisconsin issues

employment-at-will doctrine in Wisconsin

21 Wisconsin opinions name it 2 courts 1982–2023 1 in the last five years

The cases below were cited by Wisconsin courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
Brockmeyer v. Dun & Bradstreetgreen
wis · 1983 · cited in 13 Wisconsin opinions naming this issue, 1986–2023
2 sentences

2023See Brockmeyer v. Dun & Bradstreet, 113 Wis. 2d 561, 574 , 335 N.W.2d 834 (1983) (providing a narrow exception to the employment-at-will doctrine, under which employees who are terminated in violation of certain fundamental and well- defined public policies may bring civil actions for wrongful discharge against their employers).

2023See Brockmeyer v. Dun & Bradstreet, 113 Wis. 2d 561, 574 , 335 N.W.2d 834 (1983) (providing a narrow exception to the employment-at-will doctrine, under which employees who are terminated in violation of certain fundamental and well- defined public policies may bring civil actions for wrongful discharge against their employers).

413
Prentiss v. Ledyardgreen
wis · 1871 · cited in 3 Wisconsin opinions naming this issue, 1997–2015
2 sentences

2015See Prentiss v. Ledyard, 28 Wis. 131, 133 (1871).

2015See Prentiss v. Ledyard, 28 Wis. 131, 133 (1871).

33
Strozinsky v. School District of Brown Deergreen
wis · 2000 · cited in 4 Wisconsin opinions naming this issue, 2002–2023
2 sentences

2023“Wisconsin, like many states, adheres to the doctrine of employment-at-will.” Strozinsky v. School Dist. of Brown Deer, 2000 WI 97, ¶33 , 237 Wis. 2d 19 , 614 N.W.2d 443 .

2023“Wisconsin, like many states, adheres to the doctrine of employment-at-will.” Strozinsky v. School Dist. of Brown Deer, 2000 WI 97, ¶33 , 237 Wis. 2d 19 , 614 N.W.2d 443 .

24
Hausman v. St. Croix Care Centergreen
wis · 1997 · cited in 4 Wisconsin opinions naming this issue, 1998–2014
2 sentences

2004Croix Care Center, 214 Wis. 2d 655 , 571 N.W.2d 393 (1997), our supreme court concluded that the "plaintiffs' compliance with an affirmative legal duty requiring them to take action to prevent abuse or neglect of nursing home residents comports with a well-defined public policy and the rationale of our public policy exception to the employment-at-will doctrine." Id. at 658-59 . ¶ 22.

2004Croix Care Center, 214 Wis. 2d 655 , 571 N.W.2d 393 (1997), our supreme court concluded that the "plaintiffs' compliance with an affirmative legal duty requiring them to take action to prevent abuse or neglect of nursing home residents comports with a well-defined public policy and the rationale of our public policy exception to the employment-at-will doctrine." Id. at 658-59 . ¶ 22.

24
Tatge v. Chambers & Owen, Inc.green
wis · 1998 · cited in 4 Wisconsin opinions naming this issue, 2000–2007
2 sentences

2007Tatge, 219 Wis. 2d at 113 .

2002Tatge v. Chambers & Owen, Inc., 219 Wis. 2d 99, 112 , 579 N.W.2d 217 (1998) (citing Prentiss v. Ledyard, 28 Wis. 131, 133 (1871)); see also Strozinsky, 2000 WI 97, ¶ 33 .

14
Bushko v. Miller Brewing Co.green
wis · 1986 · cited in 3 Wisconsin opinions naming this issue, 1997–2001
2 sentences

1997Cognizant of the far reaching implications of holding that an employee's termination for acting in accordance with general public policy was actionable under the wrongful discharge doctrine, we expressly limited the scope of the policy exception to the employment-at-will doctrine in Bushko v. Miller Brewing Co., 134 Wis. 2d 136 , 396 N.W.2d 167 (1986).

1997Cognizant of the far reaching implications of holding that an employee's termination for acting in accordance with general public policy was actionable under the wrongful discharge doctrine, we expressly limited the scope of the policy exception to the employment-at-will doctrine in Bushko v. Miller Brewing Co., 134 Wis. 2d 136 , 396 N.W.2d 167 (1986).

13
Kempfer v. Automated Finishing, Inc.green
wis · 1997 · cited in 2 Wisconsin opinions naming this issue, 1998–2000
2 sentences

2000Kempfer v. Automated Finishing Inc., 211 Wis. 2d 100, 107-08 , 564 N.W.2d 692 (1997). ¶ 32.

2000Kempfer v. Automated Finishing Inc., 211 Wis. 2d 100, 107-08 , 564 N.W.2d 692 (1997). ¶ 32.

12
Peterson v. Browninggreen
utah · 1992 · cited in 1 Wisconsin opinions naming this issue, 2000–2000
1 sentence

2000State courts in other jurisdictions identify fundamental and well defined public policies in various federal laws. 14 Those courts recognize that federal laws often speak to the "honest administration of public affairs." Peterson v. Browning, 832 P.2d 1280, 1283 (Utah 1992) (quotation omitted) (public policy exception applied to employee who refused to violate state tax law and federal customs regulations); see also Russ v. Pension Consultants Co., 538 N.E.2d 693 (Ill.

11
Russ v. Pension Consultants Co.green
illappct · 1989 · cited in 1 Wisconsin opinions naming this issue, 2000–2000
1 sentence

2000State courts in other jurisdictions identify fundamental and well defined public policies in various federal laws. 14 Those courts recognize that federal laws often speak to the "honest administration of public affairs." Peterson v. Browning, 832 P.2d 1280, 1283 (Utah 1992) (quotation omitted) (public policy exception applied to employee who refused to violate state tax law and federal customs regulations); see also Russ v. Pension Consultants Co., 538 N.E.2d 693 (Ill.

11
Marten Transport, Ltd. v. Department of Industry, Labor & Human Relationsgreen
wis · 1993 · cited in 1 Wisconsin opinions naming this issue, 2000–2000
2 sentences

2000See generally Larson, Unjust Dismissal, § 6.06[2]. 22 In Marten Transport Ltd. v. DILHR, 176 Wis. 2d 1012 , 501 N.W.2d 391 , 394 n.5 (1993), we declined to "define the test for determining whether an employer has constructively discharged an employee" because we accepted the finding in that case that the plaintiff quit voluntarily without being actually or constructively discharged.

2000See generally Larson, Unjust Dismissal, § 6.06[2]. 22 In Marten Transport Ltd. v. DILHR, 176 Wis. 2d 1012 , 501 N.W.2d 391 , 394 n.5 (1993), we declined to "define the test for determining whether an employer has constructively discharged an employee" because we accepted the finding in that case that the plaintiff quit voluntarily without being actually or constructively discharged.

11
Ferraro v. Koelschgreen
wis · 1985 · cited in 1 Wisconsin opinions naming this issue, 1986–1986
2 sentences

1986This court has declared that: ”[A] handbook may.. . . convert the employment relationship into one that could only be terminated by adherence to contractual terms — that the acceptance by the employee ... of the terms set forth in the handbook create[s] an emplqyment contract." Ferrarro v. Koelsch, 124 Wis. 2d 154, 157, 158 , 368 N.W.2d 666 (1985).

1986This court has declared that: ”[A] handbook may.. . . convert the employment relationship into one that could only be terminated by adherence to contractual terms — that the acceptance by the employee ... of the terms set forth in the handbook create[s] an emplqyment contract." Ferrarro v. Koelsch, 124 Wis. 2d 154, 157, 158 , 368 N.W.2d 666 (1985).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Wandry v. Bull's Eye Credit Union green
wis · 1986
2 sentences

2000Plaintiffs seeking relief under this narrow exception must: (1) first identify a fundamental and well defined public policy in their complaint sufficient to trigger the exception to the employment-at-will doctrine; and (2) then demonstrate that the discharge violated that fundamental and well defined public policy. 10 Winkelman v. Beloit Mem'l Hosp., 168 Wis. 2d 12 , *41 24, 483 N.W.2d 211 (1992); Wandry v. Bull's Eye Credit Union, 129 Wis. 2d 37, 41-42 , 384 N.W.2d 325 (1986).

2000Plaintiffs seeking relief under this narrow exception must: (1) first identify a fundamental and well defined public policy in their complaint sufficient to trigger the exception to the employment-at-will doctrine; and (2) then demonstrate that the discharge violated that fundamental and well defined public policy. 10 Winkelman v. Beloit Mem'l Hosp., 168 Wis. 2d 12 , *41 24, 483 N.W.2d 211 (1992); Wandry v. Bull's Eye Credit Union, 129 Wis. 2d 37, 41-42 , 384 N.W.2d 325 (1986).

41995–2001
Batteries Plus, LLC v. Mohr green
wis · 2001
2 sentences

2011The employment-at-will doctrine generally permits an employer to discharge an at-will employee "for good cause, for no cause, or even for cause morally wrong." Batteries Plus, LLC v. Mohr, 2001 WI 80, ¶ 16 , 244 Wis. 2d 559 , 628 N.W.2d 364 .

2011The employment-at-will doctrine generally permits an employer to discharge an at-will employee "for good cause, for no cause, or even for cause morally wrong." Batteries Plus, LLC v. Mohr, 2001 WI 80, ¶ 16 , 244 Wis. 2d 559 , 628 N.W.2d 364 .

22011–2012
MacKenzie v. Miller Brewing Co. green
wis · 2001
2 sentences

2012In Mackenzie v. Miller Brewing Co., 2001 WI 23, ¶ 12 , 241 Wis. 2d 700 , 623 N.W.2d 739 , the court explained that the employment-at-will doctrine serves the interests of employees as well as employers.

2012In Mackenzie v. Miller Brewing Co., 2001 WI 23, ¶ 12 , 241 Wis. 2d 700 , 623 N.W.2d 739 , the court explained that the employment-at-will doctrine serves the interests of employees as well as employers.

22001–2012
Winkelman v. Beloit Memorial Hospital green
wis · 1992
2 sentences

2000Plaintiffs seeking relief under this narrow exception must: (1) first identify a fundamental and well defined public policy in their complaint sufficient to trigger the exception to the employment-at-will doctrine; and (2) then demonstrate that the discharge violated that fundamental and well defined public policy. 10 Winkelman v. Beloit Mem'l Hosp., 168 Wis. 2d 12 , *41 24, 483 N.W.2d 211 (1992); Wandry v. Bull's Eye Credit Union, 129 Wis. 2d 37, 41-42 , 384 N.W.2d 325 (1986).

2000Plaintiffs seeking relief under this narrow exception must: (1) first identify a fundamental and well defined public policy in their complaint sufficient to trigger the exception to the employment-at-will doctrine; and (2) then demonstrate that the discharge violated that fundamental and well defined public policy. 10 Winkelman v. Beloit Mem'l Hosp., 168 Wis. 2d 12 , *41 24, 483 N.W.2d 211 (1992); Wandry v. Bull's Eye Credit Union, 129 Wis. 2d 37, 41-42 , 384 N.W.2d 325 (1986).

22000–2001
Anderson v. Continental Insurance green
wis · 1978
2 sentences

2000Co., 85 Wis. 2d 675, 686 , 271 N.W.2d 368 (1978) (involving the special fiduciary relationship between insurer and insured giving rise to both contract claim for breach and tort claim for bad faith). [11] Once again, Butler and Chauvin provide helpful analysis: In recent years, state courts have been moving away from a "strict" application of the employment-at-will doctrine.

2000Co., 85 Wis. 2d 675, 686 , 271 N.W.2d 368 (1978) (involving the special fiduciary relationship between insurer and insured giving rise to both contract claim for breach and tort claim for bad faith). [11] Once again, Butler and Chauvin provide helpful analysis: In recent years, state courts have been moving away from a "strict" application of the employment-at-will doctrine.

12000–2000
Ward v. Frito-Lay, Inc. green
wisctapp · 1980
2 sentences

1982There, this court noted that the employment-at-will rule, which allowed an employer to discharge at will an employe who had no contractual set term, had been modified in other jurisdictions “to permit *654 recovery where the discharge violates some clear and specific public policy or where the discharge is retaliatory or is motivated by bad faith or malice.” Id. at 374 , 290 N.W.2d at 537 .

1982There, this court noted that the employment-at-will rule, which allowed an employer to discharge at will an employe who had no contractual set term, had been modified in other jurisdictions “to permit *654 recovery where the discharge violates some clear and specific public policy or where the discharge is retaliatory or is motivated by bad faith or malice.” Id. at 374 , 290 N.W.2d at 537 .

11982–1982

Statutes the citing opinions construe

WI § Wis. Stat. § 103.455 (6) WI § Wis. Stat. § 940.295 (5) WI § Wis. Stat. § 802.06 (4) WI § Wis. Stat. § 802.08 (4) WI § Wis. Stat. § 103.465 (3) WI § Wis. Stat. § 343.05 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 249 (1984–2026) TX 138 (1986–2025) VA 47 (1987–2025) TN 45 (1994–2025) IN 37 (1986–2025) MO 37 (1985–2020) KS 36 (1985–2023) NC 33 (1987–2022) PA 30 (1985–2018) CT 28 (1992–2021) OK 27 (1989–2022) AR 26 (1984–2026) IA 23 (1989–2024) MS 22 (1992–2023) AL 21 (1984–2003) WI 21 (1982–2023) WA 19 (1986–2011) NY 18 (1989–2018) NJ 16 (1979–2021) IL 14 (1986–2008) SC 14 (1995–2016) DC 12 (1993–2018) MN 11 (1987–2017) SD 10 (1988–2024) UT 9 (1989–2007) LA 8 (1989–2020) ND 8 (1998–2021) DE 7 (2000–2026) CA 7 (1983–2000) VT 7 (1994–2023) MI 7 (1984–1995) KY 6 (1983–2021) ID 5 (1990–2009) NE 5 (1987–2025) AZ 4 (1980–1990) MA 4 (1993–2016) MD 4 (2003–2015) FL 3 (1986–2004) WY 3 (1990–2009)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check