Monday, November 22, 2010

Divided Wisconsin Supreme Court Affirms Court of Appeal's Holding At-Will Employment Does Not Preclude Payment of Benefits

Without Justice Annette K. Ziegler participating, the Wisconsin Supreme Court split evenly on an appeal from the Court of Appeals on the issue of whether an at-will employee may be deprived of benefits that accrued before he or she was let go if the firing was to prevent payment of those benefits. The Court of Appeals held that at-will employment does not preclude payment of accrued benefits if the employee was terminated in bad faith to avoid paying out of accrued benefits, reversing the circuit court judge.

The case is Phillips vs. U.S. Bank, N.A.,2009AP246 (Feb. 2, 2010).

Enochs Law Firm

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