A Guide For Wisconsin Business Owners On Handling Employee Disputes

Handling employee disputes is an almost inevitable part of running a business, but how you handle them can significantly impact your company’s culture, reputation, and legal standing. In Wisconsin, business owners must ensure that they manage these conflicts effectively while adhering to employment laws, particularly when disputes involve sensitive matters such as workplace discrimination, harassment, or wrongful termination.

This guide from Bosshard Parke will provide an overview of how business owners in the Coulee Region can handle internal employee disputes and protect their business from legal repercussions.

1. Understanding Wisconsin Employment Laws

Wisconsin has various state laws that mirror and expand upon federal employment regulations, including anti-discrimination statutes, workplace harassment protections, and wrongful termination rules. Business owners should familiarize themselves with these laws to ensure compliance. Key legislation includes:

• Wisconsin Fair Employment Act (WFEA): This state law prohibits discrimination in hiring, promotion, termination, and other employment practices based on protected characteristics such as race, gender, disability, age, or religion.
• Wisconsin’s Workers Compensation Law: This law ensures that employees injured on the job receive financial compensation without the need to prove employer negligence.

Staying updated on changes to employment law is essential to handling employee disputes. An attorney specializing in business or employment law can help you navigate these regulations and keep your business compliant.

2. Establish Clear Workplace Policies

Prevention is the first line of defense in handling employee disputes. Developing clear, written policies regarding workplace behavior, anti-discrimination, harassment, and grievance procedures will help set expectations for all employees. These policies should be included in the employee handbook and regularly reviewed with staff.

Here are a few essential policies to have in place:

• Equal Employment Opportunity Policy: This outlines your business’s commitment to providing a work environment free from discrimination.
• Anti-Harassment and Anti-Bullying Policy: Make it clear that your business does not tolerate any form of harassment or bullying. Include steps on how employees can report such incidents.
• Disciplinary Policy: Provide guidelines on how infractions, misconduct, or violations of company policy will be handled. This should include a clear process for warnings, disciplinary actions, and grounds for termination.

3. Handling Workplace Discrimination Complaints

When an employee raises concerns about workplace discrimination, it’s crucial to take immediate and appropriate action. Not doing so could result in legal consequences under the Wisconsin Fair Employment Act or federal laws such as Title VII of the Civil Rights Act.

Steps for handling discrimination complaints:

• Investigate Promptly: Once a complaint is filed, conduct an internal investigation as soon as possible. Interviews with the complainant, the accused, and any witnesses should be documented thoroughly.
• Maintain Confidentiality: Ensure that all investigations are kept confidential, with information shared only on a need-to-know basis to protect the integrity of the process.
• Take Corrective Action: If the investigation reveals that discrimination occurred, take appropriate corrective action, which could range from disciplinary measures to termination.
• Avoid Retaliation: Make sure the complainant is not subjected to retaliation, as this could lead to further legal action under both state and federal laws.

4. Dealing With Workplace Harassment

Harassment claims are among the most sensitive and complex disputes that employers face. In Wisconsin, workplace harassment (whether sexual or otherwise) can lead to lawsuits, damage your company’s reputation, and create a toxic work environment if not handled effectively.

Tips for addressing harassment:

• Immediate Action: Address harassment complaints swiftly and ensure that the victim feels supported during the process.
• Comprehensive Investigations: Investigate harassment claims thoroughly, and be sure to involve HR or legal counsel when necessary to ensure compliance with employment laws.
• Implement Training: Regularly train employees and management on what constitutes harassment and how to prevent it. Prevention is key to avoiding these situations.

5. Managing Wrongful Termination Cases

Wrongful termination claims are costly and can arise if an employee feels they were fired without just cause or in violation of Wisconsin’s employment laws. Wisconsin follows the “employment at-will” doctrine, which generally allows employers to terminate employees for any lawful reason or no reason at all. However, there are exceptions where wrongful termination claims can arise, such as firing someone for discriminatory reasons or as retaliation for filing a complaint.

How to avoid wrongful termination claims:

• Document Performance Issues: Always document any performance issues or misconduct that lead to warnings, disciplinary actions, or termination. This documentation will be vital in defending against wrongful termination claims.
• Adhere to Your Policies: Ensure that your company consistently follows its own termination and disciplinary policies. Inconsistent enforcement can give rise to claims of unfair treatment or discrimination.
• Offer Severance and Release Agreements: Consider offering severance packages and signing release agreements, which can help prevent former employees from pursuing legal claims against your business.

6. Dispute Resolution And Mediation

To prevent disputes from escalating into costly litigation, consider implementing an alternative dispute resolution (ADR) process, such as mediation or arbitration. These methods allow both parties to resolve conflicts in a less adversarial and more cost-effective manner.

Mediation, in particular, can be helpful in resolving issues such as:

• Disagreements between co-workers.
• Disputes between employees and management.
• Conflict over promotions or disciplinary actions.

7. Seek Legal Counsel When Necessary

Navigating the complexities of employee disputes requires a sound understanding of both Wisconsin and federal employment laws. Working with an experienced employment attorney can help ensure that you remain compliant, properly investigate disputes, and mitigate any legal risks.

At Bosshard Parke, we provide Wisconsin business owners with comprehensive legal services related to employment law. Whether you’re facing workplace discrimination claims, harassment investigations, or wrongful termination issues, our attorneys can help protect your business while ensuring fair and lawful resolutions.

Conclusion

Handling employee disputes is a challenge. By establishing clear policies, investigating complaints thoroughly, and ensuring compliance with Wisconsin employment laws, you can create a safer and more productive work environment while minimizing legal risks.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For specific legal guidance, consult with an attorney at Bosshard Parke.