Wyoming Employment Termination Laws

While your employer can fire you for no reason, they can`t do it for an illegal reason because it`s an illegal layoff. In addition, Wyoming law prohibits the dismissal of an employee without explanation within one year of returning from military leave (Wyo. Stat. §19-11-104). Wyoming currently has no state law that applies to any type of parental leave. Therefore, each employer must make the decision to provide employees with time that is not required by the FMLA. Wyoming is an arbitrary employment state, meaning that an employer can fire an employee at any time for any reason, as long as the reason is not discriminatory, retaliatory, or otherwise illegal. Worley v. Wyoming Bottling Co., 1 P.3d 615, 620 (Wyo. 2000). However, an employer`s handbook may change the employer`s rights to terminate an employee. Leithead v.

American Colloid Company, 721 P.2d 1059, 1062 (Wyo.1986); Alexander v. Phillips Oil Company, 707 P.2d 1385 (Wyo.1985). The state of Wyoming has set the minimum wage at a minimum of $5.15 per hour. Wyo Stat. § 27-4-202. Employers must continue to comply with federal wage laws and regulations. An employer can tip employees $2.13 per hour as long as the employee`s tips bring the entire hourly wage to the state minimum wage. After his period of service, the employee has the right to return to work with the same sick leave, leave and annual leave that he would have acquired if he had not taken the leave provided for by the Federal Act on Labour and Labour Rights for uniformed service. For one year, the employer may not dismiss the employee without cause. At least 3 years: retention of pay slips, certificates, agreements, notices, collective agreements, employment contracts and sales and purchase documents. Also keep complete copies of each employee`s Form I-9 for three years after hiring.

If the employee has been working for more than three years, keep the form for at least one year after leaving. Employers may establish a policy that denies payment for vacation accrued upon termination. Wyoming is a state that has the right to work. Wyo. Stat. § 27-7-109. This means that workers cannot be required to join a trade union or other labour organization, or to remain a member of another labour organization, as a condition of employment or retention. Employers may be required to grant an employee leave without pay under the Family and Medical Leave Act or other federal legislation. Employers are prohibited from discriminating against applicants or employees because of their consumption of tobacco products outside of employment, unless it is a bona fide professional qualification (BFOQ).

Wyoming is one of the few states in the country that does not generally ban smoking in the workplace or other public places. Wyoming has exceptions to the doctrine of will. For example, Wyoming notes that an employer has violated the doctrine of will if the employee`s dismissal is contrary to public policy. McGarvey v. Key Prop. Mgmt. LLC, 211 pp.3d 503 (Wyo. 2009).

In addition, Wyoming law states that an employer violates the doctrine of intent when taking revenge on employees who file claims for compensation with employees. Griess v Consolidated Freightways Corp., 776 P.2d 752, 754 (Wyo.1989). Children under the age of 16 are not permitted to work in heavy construction equipment or occupations requiring exposure to explosives or hazardous chemicals, or in any occupation designated as hazardous by the Wyoming Department of Manpower Services. Wyo. Stat. § 27-6-112. Children under the age of 14 are not allowed to engage in any profession, except on the farm, in the house, and in lawn or gardening work. Wyo. Stat. § 27-6-107. Any employer employing minors under the age of 16 must keep proof of age.

Wyoming does not expressly authorize or prohibit criminal record checks for employment purposes. Applicants may refuse requests for arrest or conviction if the relevant records have been deleted. COBRA is a federal law that allows many employees to continue receiving their health insurance benefits after their employment ends. Because the federal COBRA only applies to employers who have 20 or more employees, many states have passed their own versions of the law known as “mini-COBRA.” The Wyoming Mini-COBRA allows employees to maintain coverage for up to 12 months. Each individual certificate of coverage must contain a reference to the right to continue coverage. This summary does not constitute qualified legal advice. Laws are always subject to change and may vary from municipality to municipality. It is up to you to ensure that you comply with all the laws and statutes of your region. If you need additional compliance assistance, we recommend contacting a qualified attorney, checking with your local authorities, or registering with Homebase for help from our certified HR professionals. The status may be modified at will by an express or implicit contract. Employee handbooks, personnel policies, hiring letters, performance appraisals and a course can alter the relationship at will or create contractual liability for an employer (Trabing v.

Kinko`s, Inc., 2002 WY 171, 57 P3d. 1248 (Wyo. 2002)). An employer`s right to terminate an employee at will is also limited by a limited public policy exception that prohibits dismissal in retaliation for the exercise of rights under the Wyoming Workers` Compensation Act (Griess v. Consol. Freightways Corp., 776 P.2d 752 (Wyo. 1989)). Employees who leave their employment for any reason (including separations, separations and dismissals) must receive all final wages no later than the next regular pay day.