Wyoming is an at-will employment state, which means that absent a contract saying otherwise, either you or your employer can end the relationship at any time, for any reason or no reason, and without advance notice. Wyoming courts have repeatedly affirmed this rule, but they have also carved out three recognized exceptions: the public-policy exception, the implied-contract exception, and a narrow implied covenant of good faith and fair dealing. A firing that violates one of those exceptions, or that breaks a federal or state anti-discrimination law, is wrongful and can be challenged. A firing that is simply unfair, harsh, or poorly explained generally is not.
The deadlines are the part people lose claims on. A discrimination charge with the state must be filed within six (6) months of the violation (W.S. 27-9-106(a)). A firing for jury service must be sued on within six (6) months (W.S. 1-11-401(d)). An EEOC charge in Wyoming gets 300 days. Those numbers are set out below.
What "at-will" actually means in Wyoming
The default presumption in Wyoming is that employment has no fixed term and continues only at the will of both parties. The Wyoming Supreme Court has long held that an employer may discharge an at-will worker without cause and without liability. The practical consequence is important: in Wyoming, the burden is on the fired employee to show that the firing fell into one of the recognized exceptions, not on the employer to prove it had "good cause."
That said, at-will status does not give an employer unlimited power. It does not let an employer fire you for a reason that the law specifically prohibits, and it does not override promises the employer made in a written contract or, in some cases, in a handbook or policy manual.
Exception 1: The public-policy exception
Wyoming recognizes a tort claim for wrongful discharge in violation of public policy. Under this exception, an employer cannot fire you for a reason that undermines a clearly established public policy of the state. Wyoming courts have applied or discussed this doctrine in situations such as:
Firing an employee for refusing to commit an illegal act or to violate the law.
Firing an employee for filing a workers' compensation claim. This is the classic Wyoming case: Griess v. Consolidated Freightways, 776 P.2d 752 (Wyo. 1989), recognized the tort for a worker discharged for pursuing a comp claim. There is no separate anti-retaliation section in Wyoming's Worker's Compensation Act, which is why the common-law tort carries this scenario.
Firing an employee in retaliation for reporting a violation of law (whistleblowing) in certain circumstances.
The public-policy exception is narrow. Wyoming courts generally require that the public policy be well established and clearly defined, often in a statute or constitutional provision, and that no other adequate statutory remedy already exists to protect the same interest. A general disagreement with how the company operates does not qualify. That second prong matters practically: where the legislature has already written a remedy, you are expected to use it instead of the tort. Jury service is the clearest example.
Fired for jury duty? That is a statute, not a tort, and it dies in six months
Many articles file jury-duty firings under the public-policy tort. In Wyoming they belong under a specific statute, W.S. 1-11-401, and the difference is worth real money.
What it forbids: "No employer shall discharge, threaten to discharge, intimidate or coerce any employee by reason of the employee's jury service" in any Wyoming court. W.S. 1-11-401(a).
What you can get: an injunction and other relief "including but not limited to reinstatement"; exemplary damages up to $1,000 for each violation as to each employee; and your reasonable costs and attorney's fees. W.S. 1-11-401(b). Reinstatement is treated as a furlough or leave of absence, with no loss of seniority. W.S. 1-11-401(c).
The deadline: "No action by an employee aggrieved hereunder shall be brought more than six (6) months after the alleged violation." W.S. 1-11-401(d). That is far shorter than the multi-year limitations period people assume applies to a wrongful-discharge lawsuit.
The catch: a court may award the employer attorney's fees if it finds your suit frivolous, vexatious, or brought in bad faith. W.S. 1-11-401(e).
If you were fired over a jury summons, treat six months from the firing as a hard wall and get in front of a lawyer well before it.
Exception 2: The implied-contract exception
An employer can lose the at-will presumption by making promises that create an implied contract. In Wyoming, language in an employee handbook, personnel manual, or policy statement can, in the right circumstances, become an enforceable promise that the employer will follow specific disciplinary or termination procedures, or that it will fire only for cause. The Wyoming Supreme Court has held that handbook provisions promising progressive discipline or termination only for cause may modify the at-will relationship.
Because of this, many Wyoming employers include a conspicuous disclaimer in their handbooks stating that the document is not a contract and that employment remains at-will. A clear, prominent disclaimer usually preserves at-will status and defeats an implied-contract claim. Whether handbook language creates a binding promise or a disclaimer effectively negates it is a fact-specific question that often turns on the exact wording and how prominently the disclaimer is presented.
Exception 3: The implied covenant of good faith and fair dealing
Wyoming recognizes an implied covenant of good faith and fair dealing in the employment relationship, but only in limited circumstances. The Wyoming Supreme Court has said this tort claim arises only where a special relationship of trust and reliance exists between the employer and employee. That special relationship is not found in ordinary employment; courts look at factors such as long-term employment, discharge just before benefits would vest, or representations the employee reasonably relied on. Because the bar is high, this exception applies to a small subset of cases and is rarely the sole basis for a successful claim.
What Wyoming's discrimination law actually covers — and what it does not
Wyoming's own anti-discrimination law is the Wyoming Fair Employment Practices Act of 1965, W.S. 27-9-101 through 27-9-106, enforced by the Wyoming Department of Workforce Services (Labor Standards). You can read the whole chapter for yourself in the Legislative Service Office's free publication of Title 27.
Who is covered. "Employer" means the State of Wyoming and its political subdivisions, boards, commissions, departments, institutions and school districts, "and every other person employing two (2) or more employees within the state; but it does not mean religious organizations or associations." W.S. 27-9-102(b). So the threshold is two employees, not fifteen — the Wyoming act reaches small businesses that Title VII never touches. The flip side is real too: if you work for a religious organization or association, the state act's definition of "employer" excludes your employer entirely, and a state charge cannot proceed against it.
What is prohibited. W.S. 27-9-105(a) lists the unfair employment practices, and the list is closed:
Refusing to hire, discharging, promoting or demoting, or discriminating in pay or terms and conditions of employment because of age, sex, race, creed, color, national origin, ancestry, or pregnancy, or against a qualified disabled person. W.S. 27-9-105(a)(i)–(ii). The age protection applies only to people at least 40. W.S. 27-9-105(b).
Reducing an employee's wage in order to comply with the chapter. W.S. 27-9-105(a)(iii).
Off-duty tobacco use. This is Wyoming's most distinctive and most overlooked firing protection. It is an unfair employment practice for an employer "to require as a condition of employment that any employee or prospective employee use or refrain from using tobacco products outside the course of his employment," or to discriminate in pay or terms of employment based on off-duty use or nonuse of tobacco — unless not using tobacco is a bona fide occupational qualification. W.S. 27-9-105(a)(iv). An employer may still charge different health, disability or life insurance rates for tobacco users if the differential reflects an actual cost difference and employees get written notice. If you were fired or penalized for smoking or using tobacco on your own time, that is a claim the legislature expressly gave you.
What the state act does not cover: retaliation. Chapter 9 contains no opposition clause, no participation clause, and no anti-retaliation provision of any kind. If you were fired for complaining about discrimination, for helping a coworker's complaint, or for testifying in an investigation, your retaliation claim is a federal one — Title VII, the ADEA, or the ADA — not a Wyoming Fair Employment Practices Act claim. Those federal statutes generally reach employers with 15 or more employees (20 or more for the ADEA), so at a very small Wyoming employer a pure retaliation claim may have no home. The one state anti-retaliation provision in Title 27 sits elsewhere: W.S. 27-4-502(b) makes it unlawful to discharge, harass, discipline, or otherwise discriminate against an employee for filing an unpaid-wage claim or participating in a wage proceeding, with relief that can include reinstatement, lost wages, and an equal amount as liquidated damages.
The two filing deadlines, stated plainly
State (Wyoming Fair Employment Practices Act): six months. A person claiming to be aggrieved by a discriminatory or unfair employment practice may file a verified written complaint with the Department of Workforce Services "within six (6) months of the alleged violation." W.S. 27-9-106(a). This is a hard statutory window.
Federal (EEOC): 300 days. The EEOC's baseline is 180 days, but it is extended to 300 days where a state agency enforces a law prohibiting discrimination on the same basis. Wyoming qualifies: it has the Fair Employment Practices Act, and DWS is a Fair Employment Practices Agency that is expressly authorized to enter agreements with the EEOC (W.S. 27-9-104(a)(vii)), so charges are dual-filed.
Notice the trap: the state clock is the shorter one. Six months is roughly 180 days; the federal window runs 300. A worker who files at day 250 may be timely with the EEOC and already too late under the state act — and at an employer with fewer than 15 employees, the state act was the only claim they had. Do not use the 300-day number as your planning horizon. Use six months.
If the hearing officer finds an unfair employment practice, the remedies under W.S. 27-9-106(n) include a cease-and-desist order, hiring or reinstatement, posting of notices and reports, and backpay or front pay.
How to tell a legal firing from an illegal one
Ask whether the firing fits one of the recognized exceptions or breaks an anti-discrimination law. Signs a firing may be illegal include being discharged shortly after filing a workers' comp claim, being summoned for jury duty, filing a wage claim, reporting illegal conduct, or refusing to break the law; being fired for using tobacco off the clock; being fired in a way that ignores a for-cause or progressive-discipline promise in a handbook with no at-will disclaimer; or comments suggesting your age (40+), race, sex, creed, color, national origin, ancestry, pregnancy, or disability was a factor. By contrast, a firing is generally legal if it is based on poor performance, a layoff, restructuring, personality conflict, or even a mistaken but non-discriminatory belief about your conduct, because Wyoming employers do not need a good reason to fire an at-will worker.
How to enforce your rights
Date the firing. Every deadline below runs from it. Write the date down.
Gather documents: your offer letter, handbook, performance reviews, emails, and any write-ups.
Write down what happened, including dates, who was involved, and what was said.
Discrimination (age 40+, sex, race, creed, color, national origin, ancestry, pregnancy, disability, off-duty tobacco use): file with the Wyoming Department of Workforce Services, Labor Standards, within six months (W.S. 27-9-106(a)). Filing with the EEOC instead gives you 300 days, but if your employer has fewer than 15 employees the EEOC route is not available to you — so treat six months as the deadline.
Retaliation for complaining about discrimination: that is a federal claim (EEOC, 300 days), not a state one.
Jury service: a lawsuit under W.S. 1-11-401 — reinstatement, up to $1,000 exemplary damages per violation, and attorney's fees — but it must be brought within six months.
Unpaid wages / fired for making a wage claim: Labor Standards handles wage claims and W.S. 27-4-502(b) protects you for filing one.
Implied-contract or public-policy wrongful discharge: consult a Wyoming employment attorney promptly. These are civil lawsuits with their own limitations periods, and because the public-policy tort requires that no other adequate remedy exist, which claim you have depends on which statute (if any) already covers your situation. Getting that wrong can cost you the case.
Where to verify Wyoming's rules
The Wyoming Legislative Service Office publishes the complete current statutes free: Title 27 (Labor and Employment) contains the Fair Employment Practices Act at Chapter 9, and Title 1 contains the juror-protection statute at W.S. 1-11-401. The enforcing agency is the Wyoming Department of Workforce Services, Labor Standards, which confirms it investigates discrimination at a workplace with two or more employees.
On wages: Wyoming's statutory minimum wage is $5.15 per hour (W.S. 27-4-202(a)), which is below the federal floor, so the federal Fair Labor Standards Act minimum of $7.25 per hour controls for most Wyoming employers, and federal law requires overtime at one-and-a-half times the regular rate after 40 hours in a workweek. Because rates and deadlines can change, confirm any current figure with the Wyoming Department of Workforce Services or the U.S. Department of Labor before relying on it.
This article is general information about Wyoming law, not legal advice. If you believe you were fired illegally, talk with the Wyoming Department of Workforce Services or a licensed Wyoming attorney about your specific situation — and do it inside the six-month windows above, because they do not forgive.
Official Wyoming Sources
This page is based on Wyoming employment law. Rules and figures change — verify the current details directly with the official Wyoming sources below. This is general legal information, not legal advice.
Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside Wyoming state law.
Frequently asked questions
Is Wyoming an at-will employment state?
Yes. Wyoming follows the at-will rule, so without a contract to the contrary, an employer may fire an employee at any time for any lawful reason or no reason. The exceptions are the public-policy tort, an implied contract (often created by handbook language), and a narrow implied covenant of good faith and fair dealing that requires a special relationship of trust and reliance.
How long do I have to file a discrimination complaint in Wyoming?
Six months. W.S. 27-9-106(a) requires a complaint under the Wyoming Fair Employment Practices Act to be filed with the Department of Workforce Services "within six (6) months of the alleged violation." A charge with the federal EEOC gets 300 days in Wyoming, because Wyoming has a state law and a state enforcing agency. But the state window is the shorter one, and if your employer has fewer than 15 employees the EEOC route generally is not open to you at all — so plan around six months, not 300 days.
Does Wyoming's anti-discrimination law cover small employers?
Yes. "Employer" under W.S. 27-9-102(b) means every person employing two (2) or more employees in the state, plus the state and its subdivisions and school districts. That is far below Title VII's 15-employee threshold, so a worker at a three-person Wyoming shop can file a state discrimination charge. One real exclusion: the same definition says it "does not mean religious organizations or associations," so employees of a religious organization are outside the act entirely.
Can I be fired in Wyoming for smoking or using tobacco off the clock?
Generally no. W.S. 27-9-105(a)(iv) makes it a discriminatory or unfair employment practice for an employer to require, as a condition of employment, that you use or refrain from using tobacco products outside the course of your employment, or to discriminate against you in pay or the terms of employment on that basis — unless not using tobacco is a bona fide occupational qualification. An employer may still charge tobacco users different insurance rates if the difference reflects actual cost and you got written notice. A firing for off-duty tobacco use is a state claim, and the same six-month filing deadline applies.
Was I fired illegally if my boss fired me for complaining about discrimination?
Possibly — but that is a federal claim, not a Wyoming one. The Wyoming Fair Employment Practices Act (W.S. 27-9-101 through 27-9-106) contains no anti-retaliation, opposition, or participation clause. Retaliation for opposing discrimination is prohibited by Title VII, the ADEA, and the ADA, which generally reach employers with 15 or more employees (20 for the ADEA). File with the EEOC within 300 days. Separately, W.S. 27-4-502(b) does protect you from being fired for filing an unpaid-wage claim with the Department of Workforce Services.
What happens if I'm fired for jury duty in Wyoming?
W.S. 1-11-401 gives you a direct claim: an employer may not discharge, threaten to discharge, intimidate, or coerce an employee because of jury service. You can get an injunction including reinstatement, exemplary damages up to $1,000 for each violation as to each employee, and your reasonable costs and attorney's fees. The catch is the clock: subsection (d) says no action may be brought more than six (6) months after the violation. Do not assume you have years.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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