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Discipline and termination

State procedures

Are there state-specific laws on the procedures employers must follow with regard to discipline and grievance procedures?

Wyoming has no law governing private employers with regard to discipline and grievance procedures.

At-will or notice

At-will status and/or notice period?

Wyoming is an at-will state, so all employees who are employed for an indefinite period are presumed to be employees at will.

What restrictions apply to the above?

The at-will status may be modified by an express or implied contract. Employee handbooks, personnel policies, letters of employment, performance evaluations, and a course of dealing may modify the at-will relationship or otherwise create contractual liability for an employer (Trabing v. Kinko’s, Inc., 2002 WY 171, 57 P3d. 1248 (Wyo. 2002)). An employer’s right to discharge an employee at will is also limited by a limited public policy exception, prohibiting terminations in retaliation for exercising rights under the Wyoming Workers’ Compensation Act (Griess v. Consol. Freightways Corp., 776 P.2d 752 (Wyo. 1989)).

In addition, Wyoming law prohibits the termination of an employee without cause within one year of returning from a military leave of absence (Wyo. Stat. §19-11-104).

Final paychecks

Are there state-specific rules on when final paychecks are due after termination?

An employee who is voluntarily or involuntarily terminated from employment must be paid all wages due no later than the employer’s usual practice on regularly scheduled payroll dates (Wyo. Stat. §27-4-104). On a temporary layoff or suspension of work due to a labor dispute, affected employees must be paid all wages due on the next regular payday (Wyo. Stat. §27-4-101(d)).

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