Cathy Strozinsky, Plaintiff-Appellant, v. School District of Brown Deer, Defendant-Respondent-Petitioner., 2000 WI 97

Summary

Plaintiff payroll clerk resigned from defendant school district's central office after she and her supervisors had disagreed about the tax withholdings from the superintendent's bonus check. Plaintiff filed a wrongful discharge claim, contending that defendant had forced her to resign because of her efforts to comply with the public policy reflected in Wis. Stat. § 943.39 and federal tax laws. Summary judgment and dismissal granted to defendant were reversed on appeal. The court affirmed and remanded. Whether plaintiff identified a public policy was a question of law to be decided by the court, not a jury. The federal tax laws and § 943.39 showed a fundamental public policy to ensure accurate tax information. Plaintiff was more than a mere clerk in that she knew the withholding tax was due, had the authority to pay it, and was liable to the IRS if it was not paid. Plaintiff had shown she was verbally abused and excluded; thus constructive discharge was a factual jury question. ...