Wisconsin discrimination order appeals: 4 time limits

Key takeaways

• the petition window is 21 days from the date a copy is mailed, according to Wisconsin Legislature, which makes the mailing date the anchor.
• the commission may extend the petition window another 21 days if it is satisfied of prejudice from exceptional delay in getting a copy, according to Wisconsin Legislature, so keep the original date on the calendar.
• the commission may set aside, modify or change a decision within 28 days from the date thereof, according to Wisconsin Legislature, so keep that date on its own line.
• proceedings are not to be reopened more than one year after entry of a final decision, according to Wisconsin Legislature, so record that entry date.
• keep the mailing record for every finding in the file, since the first date depends on it.

You should count that date from the mailing, not from the day the copy reaches your desk.

You should keep the mailing record with the file, since the first limit depends on it, and treat the extra time for delayed delivery as a separate question covered later in this guide. This guide is editorial guidance on Wisconsin's text and is not legal advice on any pending case.

Tracking the different deadline starting points

This guide is for managers who have a discrimination finding tied to scheduling or hours, and those managers need dates more than general background. It reads the Wisconsin statute on petitions and deadlines and turns the text into dates a schedule keeper can track. It does not explain how a finding is reached or decide the merits of any finding.

The Wisconsin text starts its clocks at different points: the petition window starts with mailing, the 28-day window runs from the date of a commission decision, and the reopening limit runs from entry of a final decision, according to Wisconsin Legislature. A single calendar entry for the whole matter will not do.

You should give each limit its own line in your record, with the event that starts it, the number of days, and the date you must act by. Each line should carry its starting event, so a reader can see which date came from the mailing and which came from the decision. A line that says deadline with no starting event gives no way to check the date later.

The statute names both respondents and complainants as parties who may petition, according to Wisconsin Legislature. Finality, however, is tied to mailing to the respondent's last-known address; this wording does not establish a different clock for complainants. You should check whose name and address appear on the copy before you count anything.

The written record should sit where the people who post shifts and approve timesheets can see it, so the dates are not held by one person alone. A shared record is a practical choice, since one person may be away when a copy arrives. This is an editorial recommendation, not a requirement of the statute. For related recordkeeping, see timesheet approval and edit rules and notice, claims, and hearing days.

Who may petition for review

Under the Wisconsin text, any respondent or complainant who is dissatisfied with the findings and order of the examiner may file a written petition with the department for review by the commission, according to Wisconsin Legislature. The wording places the filing with the department and the review with the commission, so keep those two steps distinct in your notes.

The text says a written petition, so any request for review should be written and addressed to the department rather than made in conversation with the examiner. Keep a copy of what you file and the date you filed it, since the petition window is measured from a different event. Write the filing date on the copy you keep so the record matches the petition.

Both parties may petition under the statute wording, but the 21-day finality rule is keyed to the respondent, according to Wisconsin Legislature. That mailing anchor does not exempt complainants from the finality rule. Keep the two roles separate when you read the file.

Whether you are the respondent or the complainant on a file, the first date to find is the mailing date recorded for the copy addressed to the respondent. You should check that the address on that copy matches the respondent's last-known address. The respondent's last-known address should stay current in your records, since the 21-day count is tied to that address. A stale address makes a mailing date harder to verify.

Limit 1: 21 days to file

The petition window

The first limit is the petition window itself. Under the Wisconsin text, if no petition is filed within 21 days from the date that a copy of the findings and order of the examiner is mailed to the last-known address of the respondent, the findings and order are considered final for purposes of enforcement, according to Wisconsin Legislature. The clock is tied to mailing, so the mailing date needs its own line in your record.

The consequence named in the text is finality for enforcement, which is different from a petition being decided. You should treat the window as closing on its date, not as a soft deadline. Do not treat a missed date as a pending review.

The count is tied to mailing, and the next limit covers a different event, exceptional delay in getting a copy. Keep those two events apart in your notes, since the extension condition concerns when the copy arrived.

You should record the mailing date from any mailing record you have, and write down the day you received the copy as a separate entry. You should keep both entries even when they match, so any difference is visible later.

Choose a reminder that reaches you well before the date, so the petition is not drafted on the last day. The reminder should name the petition it concerns.

Illustrative example: checking a mailing record

Record both events separately. Use the mailing entry for the petition calendar, and preserve the arrival entry when documenting any exceptional delay. An extension remains a commission decision.

Limit 2: the 21-day extension

The extension for exceptional delay

The commission may extend the time another 21 days if it is satisfied that a respondent or complainant has been prejudiced because of exceptional delay in getting a copy of any findings and order, according to Wisconsin Legislature. The sentence sets two conditions: prejudice to the party, and exceptional delay in getting the copy.

The word may matters, because the sentence gives the power to the commission. You should plan around the 21-day window from mailing, and treat any extension as a possibility the commission may grant, not a certainty.

The trigger the text names is exceptional delay in getting a copy, so the question is about when it arrived, not about when you chose to respond. You should keep a note of when each copy reached your office, since arrival is the event the sentence names.

If you believe the copy reached you late, write down the date you received it, the mailing date shown on any record you hold, and a short note of what happened. The note should be dated the day you write it.

The extension adds 21 days to the original period, according to Wisconsin Legislature, so the original date stays on your calendar as the working deadline. Keep the original date visible beside any extended date, so the two never blur together in your planner. The extended date should carry its own label, which keeps the record clear.

Limit 3: 28 days to set aside

The 28-day set-aside window

On motion, the commission may set aside, modify or change any decision made by the commission at any time within 28 days from the date thereof if it discovers any mistake therein, according to Wisconsin Legislature. The same sentence also lists newly discovered evidence as a separate ground for action.

The power in this limit belongs to the commission, and the text opens with the words on motion. You should keep that phrase in mind when you read any request, since the text frames the action around it.

The 28 days run from the date of the decision, not from the mailing date, according to Wisconsin Legislature. You should keep those two dates on separate lines so neither one overwrites the other.

The 28-day window and the 21-day petition window are separate limits with separate starting points, so a date from one does not answer the other. A manager who reads one date and assumes the other is covered has skipped a check.

When a decision is in your file, note the date of the decision, count 28 days in your planner, and write down which ground your facts could support. Use the decision date as the anchor, not the day you opened the envelope. This keeps the 28-day count tied to the event the statute names, which is the decision. Place that line next to the petition date, so both limits are visible on one page.

Limit 4: one year to reopen

The one-year reopening limit

Proceedings before the commission are not to be reopened more than one year after entry of a final decision, according to Wisconsin Legislature. The sentence sets a limit on reopening, which is a separate step from filing a petition for review.

The starting point here is entry of a final decision, which is a different event from the mailing of findings or the date of a commission decision. You should note the entry date on the final decision itself and keep it on a separate line from the earlier dates.

Reopening and the petition window answer different questions, so a date that has passed under one limit does not settle the other. You should keep both limits in view when you review a file, and not let the one-year count replace the 21-day count.

Your record should show when the final decision was entered, since the one-year limit cannot be counted from a date you have not recorded.

Each limit in this guide starts from its own event, and the petition date after mailing is the one you can act on first. Keep the dates together in one place so the sequence stays visible. Build the 28-day and one-year dates beneath it only when the matching event is in your file, so no date appears before its anchor. Your next step is to calendar the 21-day petition date from the mailing date of any findings you receive.

FAQ

How long do you have to petition for review?

The petition window is 21 days from the date a copy of the findings and order is mailed to the last-known address of the respondent, according to Wisconsin Legislature. A respondent or complainant who is dissatisfied with the findings and order may file a written petition with the department for review by the commission, according to Wisconsin Legislature. Count from the mailing date on the record you hold, not from the day you read the copy.

Can the 21 days be extended?

The commission may extend the time another 21 days if it is satisfied that a respondent or complainant has been prejudiced because of exceptional delay in getting a copy, according to Wisconsin Legislature. The word may leaves the decision with the commission, so the extension is not a date to plan around. Keep the original 21-day date on your calendar as the working deadline.

When may the commission set aside a decision?

The commission may set aside, modify or change a decision at any time within 28 days from the date thereof if it discovers any mistake in it, according to Wisconsin Legislature. The same text also names newly discovered evidence as a ground for that action, according to Wisconsin Legislature. Use the date of the decision as the starting point for the 28-day count, not the mailing date.

Does a reinstatement offer affect back pay?

The annotation to section 111.39 states that a valid offer of reinstatement terminates the accrual of back pay, according to Wisconsin Legislature. The same annotation states that prejudgment interest should be included in back pay awards, according to Wisconsin Legislature. This guide does not estimate any back pay amount, so a case with an offer should be reviewed with a qualified lawyer.

Does this apply outside Wisconsin?

This guide covers Wisconsin's text, so the 21-day, 28-day and one-year limits do not carry over to another state. Check the statute of the state where a matter arose before counting any date. A file from another state needs its own sources and its own calendar.

Is this legal advice?

No, this guide is editorial guidance about deadlines in a Wisconsin statute and is not legal advice on any pending case. A pending case needs a qualified lawyer who can read the full file and the commission's orders. Bring the mailing record, the decision and the calendar of dates to that conversation.