Wrongful Dismissal for Fulfilling Civic Duties: Jury Duty and Voting Protections in Wisconsin

While Wisconsin is an at-will employment state, the law recognizes that a functioning democracy requires citizens to participate in the judicial and electoral systems. When the government summons you to serve on a jury, or when Election Day arrives, you should not have to fear losing your livelihood just to perform your civic duties.

To protect workers in Racine, Oshkosh, and Superior, Wisconsin law has carved out strict 'public policy' exceptions to at-will employment. Firing an employee because they missed a shift to sit on a jury, or because they legally left work to vote, is considered a severe violation of public policy. Employers who choose to punish their workers for participating in the justice system or the democratic process face heavy financial penalties and lawsuits for wrongful dismissal.

This guide explains your specific legal rights regarding jury duty, witness subpoenas, and voting leave in Wisconsin, and what to do if your employer retaliates against you.

Step-by-Step Process in Wisconsin

If your boss is threatening your job because you received a jury summons or asked for time off to vote, follow these steps to secure your legal protections.

Step 1: Provide Advance Notice to Your Employer

Your legal protections only trigger if you give your employer proper notice. As soon as you receive a jury summons in the mail, or realize you need time off on Election Day, show the official document or make a written request to your manager or HR department.

Step 2: Keep Proof of Your Civic Service

If you serve on a jury, ask the Clerk of Courts for a signed certificate of attendance showing the exact dates and times you were at the courthouse. If you are voting, keep a record of your request for time off. You need undeniable proof that you were actually fulfilling a civic duty.

Step 3: Document the Termination or Retaliation

If your employer fires you, demotes you, or cuts your hours immediately after your civic duty, demand the reason in writing. Save any text messages or voicemails where a manager complains about your absence.

Step 4: File a Civil Lawsuit

Being fired for civic duties is a public policy wrongful discharge claim. You will hire an employment lawyer to draft and file a formal civil summons and complaint against your employer. You will file this at your local court, such as the Milwaukee County Circuit Court, Milwaukee or the Waukesha County Circuit Court, Waukesha.

Protections for Jury Duty

Wisconsin law is crystal clear on jury service. Under Wis. Stat. § 756.255, an employer must grant an employee a leave of absence for jury service. Furthermore, the employer is strictly prohibited from discharging or disciplining the employee for taking this time. The foundational precedent in Brockmeyer v. Dun & Bradstreet, 113 Wis. 2d 561 (WI Supreme Court 1983) established that an employer cannot fire an employee if the termination violates a well-defined public policy. Honoring a state-mandated jury summons is the ultimate example of a public policy exception.

Mandatory Overtime Conflicts with Voting Day

Many warehouse and factory workers face mandatory overtime on Tuesdays, making it seemingly impossible to get to the polls. However, under Wis. Stat. § 6.76, any person entitled to vote in an election is legally allowed to take up to three consecutive hours away from work while the polls are open. You must notify your employer before Election Day, and the employer gets to decide which three hours of the day you can take (to minimize business disruption). If you follow these rules, firing you for leaving to vote is wrongful termination.

Fired for Honoring a Court Subpoena as a Witness

Sometimes you are not the juror; you are a witness. If you witness a car crash in La Crosse and a judge issues a subpoena forcing you to testify, you must appear in court. Under Wis. Stat. § 103.87, it is illegal for an employer to discharge or penalize an employee who is absent from work because they were subpoenaed to testify in a criminal proceeding. If your boss says, 'If you go to court today, don't bother coming back tomorrow,' they have violated Wisconsin labor laws.

Penalties Employers Face for Violating Civic Protections

Employers who ignore these laws face severe consequences. Under Wisconsin law, a claim for wrongful discharge in violation of public policy is treated as a contract action rather than a tort claim. As established in Brockmeyer v. Dun & Bradstreet, 113 Wis. 2d 561 (WI Supreme Court 1983) and reaffirmed in Kempfer v. Automated Finishing, Inc., 211 Wis. 2d 100 (WI Supreme Court 1997), tort remedies such as punitive damages and pain and suffering are not available. Instead, remedies are strictly contractual: the court can order your reinstatement to your previous position, award back pay for all lost wages and benefits, or grant front pay if reinstatement is not feasible.

How Much Does it Cost in Wisconsin?

• Court Filing Fee: Filing a civil wrongful termination lawsuit seeking damages in a Wisconsin Circuit Court costs $265.50 under Wis. Stat. § 814.61(1)(a), plus a mandatory $35 electronic filing fee under Wis. Stat. § 758.19(4m), totaling $300.50.
• Attorney Fees: Many employment attorneys will take a strong public policy wrongful termination case on a contingency fee (usually 33% to 40% of the final award), meaning you do not pay hourly fees out of pocket.

How Long Does the Legal Process Take?

Employment lawsuits can be lengthy. Your attorney will first attempt to negotiate a settlement, which can take 3 to 6 months. If the employer refuses to settle and insists they fired you for 'poor performance' rather than your jury duty, a full trial in a Wisconsin court can take 12 to 18 months.

Frequently Asked Questions (FAQ)