Narrative Opinion Summary
This case concerns a former director of a county personnel department who resigned after being asked to do so by a newly elected county executive. The plaintiff pursued legal action arguing a property right to continued employment, thus necessitating due process for termination. Under Wisconsin law, employment is presumed at-will unless otherwise specified, and the statute applicable at the time allowed removal without cause. The court found no protected property interest, and the plaintiff's procedural due process claims were dismissed. Additionally, the plaintiff's Age Discrimination in Employment Act (ADEA) claim was invalid due to an exemption for policymaking positions and failure to file with the EEOC. A state-level age discrimination claim was also dismissed for not exhausting administrative remedies. The court affirmed the dismissal of the plaintiff's action, granting summary judgment to the defendants.
Legal Issues Addressed
Age Discrimination in Employment Act (ADEA) Exemptionsubscribe to see similar legal issues
Application: Plaintiff's ADEA claim was invalid as the exemption for individuals in policymaking positions appointed by elected officials applied, and the plaintiff failed to demonstrate jurisdiction by not filing with the EEOC.
Reasoning: Regarding his Age Discrimination Employment Act (ADEA) claim, it was noted that the ADEA exempts individuals in policymaking positions appointed by elected officials. The district court lacked jurisdiction over the ADEA claim since the plaintiff did not file a complaint with the Equal Employment Opportunity Commission (EEOC) as required by GECRA before seeking judicial review.
Employment At-Will under Wisconsin Lawsubscribe to see similar legal issues
Application: The case demonstrates that, absent a specific contract, civil service regulation, or collective bargaining agreement, employment in Wisconsin is presumed at-will, allowing termination without cause.
Reasoning: Wisconsin law presumes employment is at will unless specified otherwise by civil service regulations, contracts, or collective bargaining agreements.
Exhaustion of Administrative Remediessubscribe to see similar legal issues
Application: The plaintiff's age discrimination claim under Wisconsin law was dismissed for not exhausting administrative remedies as stipulated by the Wisconsin Fair Employment Act.
Reasoning: Lastly, the plaintiff's age discrimination claim under Section 111.321 of the Wisconsin Statutes was dismissed for failing to exhaust administrative remedies, as required by the Wisconsin Fair Employment Act.
Procedural Due Process Claimssubscribe to see similar legal issues
Application: The plaintiff's due process claims were rejected due to the absence of a protected property interest in his continued employment.
Reasoning: The plaintiff's procedural due process claims under both the U.S. and Wisconsin Constitutions were dismissed due to his failure to demonstrate a protected property interest in continued employment.
Property Interest in Continued Employmentsubscribe to see similar legal issues
Application: The court found no protected property interest for the plaintiff under the current statute, as department heads may be removed at the county executive's discretion.
Reasoning: Lang argues that he has a property right in continued employment, necessitating due process for termination. The Wisconsin Court of Appeals has previously ruled that individuals in Lang's position do not have a protected property interest.