Do municipal employees have a right to their jobs?
In Wisconsin municipal employees are
generally classified as "at will" employees and in the absence of a
civil service ordinance or law, or a contract or collective bargaining
agreement stating otherwise, may be fired at the will of the
municipality. See State ex rel. Epping v. City of Neilsville, 218 Wis.2d 516, 581 N.W.2d 548 552; Vorwald v. School District,
167 Wis.2d 549, 482 N.W.2d 93, 96 (1992). However, a municipal employee
may not be fired for discriminatory reasons (e.g., based on race,
gender, age, or national origin.)
An employee's at-will status may be
altered by contract, state law, or local ordinance. If the municipality
and an employee enter into an expressed or implied contract, any
discharge must be done pursuant to the terms of the contract. Certain
municipal employees are protected from being fired at the will of the
municipality by state laws. For example, municipalities must comply with
certain due process procedures specified in the statutes when seeking
to terminate a police officer. See secs. 62.13(5), 62.13(6m), and
61.65(1)(am), Wis. Stats.