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Employment – Retaliation

By: WISCONSIN LAW JOURNAL STAFF//July 22, 2014//

Employment – Retaliation

By: WISCONSIN LAW JOURNAL STAFF//July 22, 2014//

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Wisconsin Supreme Court

Civil

Employment – Retaliation

Uncompensated interns are not entitled to the anti-retaliation protections of sec. 146.997 (2007-08) — Wisconsin’s health care worker protection statute.

“[W]e agree with LIRC that Wis. Stat. § 146.997 applies only to employees, a category that does not include interns who do not receive compensation or tangible benefits. See Masri v. Med. Coll. of Wis., ERD No. CR200902766 (LIRC, Aug. 31, 2011). As Wis. Stat. § 146.997 does not define ‘employee,’ we must give the term its ordinary meaning. State ex rel. Kalal v. Circuit Court for Dane Cnty., 2004 WI 58, ¶45, 271 Wis. 2d 633, 681 N.W.2d 110. After consulting the language, context, and structure of the statute, we conclude that LIRC’s interpretation is reasonable, and there is no more reasonable interpretation.
Because Masri received no compensation or tangible benefits, she was not an employee of MCW and was therefore not entitled to anti-retaliation protection under § 146.997(3)(a).”

Affirmed.

2012AP1047 Masri v. LIRC

Prosser, J.

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