Employee Discipline: Wyoming

Federal law and guidance on this subject should be reviewed together with this section.

Author: Vonde Smith, Law Offices of Vonde M. Smith, PC

Summary

• In Wyoming, discipline under an express employment contract should follow the terms of the contract. See Express Contracts.
• Termination of an employee working under an implied contract must be in strict compliance with the written and oral policies and procedures of the employer that form the basis of the implied contract. See Implied Contracts.
• Negative communications about former employees should be fully supported by information in the personnel file to prevent defamation or libel claims. See Defamation and Libel.
• In Wyoming it is illegal to intercept or procure a wire, electronic or telephonic communication unless one party has given consent or unless the communication is being used in furtherance of wrongful or criminal activity. See Recording Meetings.
• An employer does not have implied consent to drug test at-will employees in the absence of an express policy and practice of drug testing that is communicated to the employee. See Drug Testing.
• Discrimination can give rise to court claims as well as administrative remedies through the Wyoming Department of Workforce Services' Labor Standards Office, which is the state equivalent of the federal Equal Employment Opportunities Commission (EEOC). See Discrimination Claims.
• A number of Wyoming statutes contain anti-retaliation provisions. See Whistleblower and Retaliation Protections.
• Termination for collection of workers' compensation benefits violates public policy and, therefore, gives rise to a court claim. See Discharge Contrary to Public Policy.