An employer who gives a false reason for the discharge, e.g., position elimination, is evidence of pretext which, combined with other facts could indicate age or disability discrimination. Depending on the size of the employer, both state and federal law may apply to your situation.
If the progressive discipline policy has a "catch-all" provision which allows the company to exercise its discretion to skip steps and immediately discharge an employee, then it's an at-will relationship, i.e., the employer can terminate at its will. If the CBA states that the progressive steps "shall" be followed, there may be a contractual obligation on the employer to follow the procedure. An employment lawyer would be able to give you a definitive answer after reading the CBA.
If you do quit your job due to intolerable work conditions created by the employer because of your protected status, or your opposition to discrimination, be sure to then amend your Charge of Discrimination to include the discharge claim under both theories of discrimination and retaliation.
A "week" is the employer's established regular reoccurring period of 7 consecutive days. Employers may schedule employees any way they wish. This means that overtime may be made mandatory. Since employers may schedule as they see fit, they may also change employees' schedules during a given week in order to prevent them from working overtime in that week.
Chapter 103.85 Wisconsin Statutes provides that: Employers operating factories or mercantile establishments (enterprises engaged in...
We first need to determine whether you were covered by the FMLA. Did you work for the employer for at least a year and does the employer have at least 50 employees? If you were covered by the FMLA, the issue is whether the employer would have taken the same adverse action had you not exercised your FMLA rights. In other words, did the employer retaliate against you for taking the FMLA leave? These answers can be fleshed-out in more detail by an employment attorney. The link below may also...
Discriminatory animus usually refers to conduct by the employer which demonstrates discriminatory intent because the employer rarely admits that it took adverse action against an employee for discriminatory reasons. Discriminatory animus can be inferred for example through the lack of a legitimate reason for the employer's conduct.
The only remedy for a Wisconsin employee regarding false statements made inside the workplace is available under the Worker's Compensation Act, and that may not provide much of a remedy for you. In contrast, your invasion of privacy claim may be more viable.
The Wisconsin legislature enacted Wis. Stat. § 995.50 (previously numbered §895.50) creating a cause of action for invasion of privacy. Your privacy claim would proceed under the third “disclosure” category, at subparagraph (2)(c) of...
The employer is entitled to conduct its investigation with or without your lawyer there but, if there are allegations that may involve accusations of criminal conduct you should speak to a lawyer before discussing your facts with other people.