Employee Rights: Wrongful Termination in Michigan

Employee Rights: Wrongful Termination in Michigan

Wrongful termination occurs when an employer terminates an employee in violation of the employee's legal rights. This can include firing an employee for discriminatory reasons, in retaliation for protected activities, in breach of contractual obligations, or for reasons that contravene public policy.

Examples of Wrongful Termination

• Discrimination: Terminating an employee based on race, gender, age, religion, national origin, disability, or any other protected characteristic under federal or state law.
• Retaliation: Firing an employee for engaging in legally protected activities, such as filing a complaint about workplace discrimination or harassment, reporting safety violations, or participating in an investigation.
  • Example: Terminating an employee for reporting unsafe working conditions to OSHA.
• Breach of Contract: Terminating an employee in violation of the terms of an employment contract, whether written, oral, or implied.
  • Example: Firing an employee without the notice required by a written contract or for reasons not stipulated in the contract.
• Violation of Public Policy: Terminating an employee for reasons that violate public policy, such as refusing to engage in illegal activities or exercising legal rights.some text
  • Example: Firing an employee for serving on a jury or for refusing to commit perjury.

At-Will Employment Exceptions

Michigan, like many states, follows the at-will employment doctrine, meaning that employers and employees can terminate employment at any time, for any reason, or for no reason, without prior notice. However, there are critical exceptions to this rule where at-will employment does not protect wrongful termination actions.

Discrimination

Federal and state laws prohibit employers from terminating employees based on protected characteristics, such as:

• Race and Color: Discrimination based on race or color is illegal under Title VII of the Civil Rights Act of 1964.
• Gender and Sexual Orientation: Employers cannot terminate employees based on gender or sexual orientation, as protected by Title VII and Michigan's Elliott-Larsen Civil Rights Act.
• Age: The Age Discrimination in Employment Act (ADEA) protects employees over 40 from age-based termination.
• Disability: The Americans with Disabilities Act (ADA) prohibits termination based on disability, provided the employee can perform essential job functions with reasonable accommodations.

Retaliation

Employees are protected from retaliation for engaging in legally protected activities, including:

• Whistleblowing: Reporting illegal activities or violations of workplace safety regulations.
• Filing Complaints: Making complaints about discrimination, harassment, or other illegal workplace practices.
• Participating in Investigations: Cooperating in investigations or legal proceedings related to workplace issues.

Breach of Contract

Employees with written, oral, or implied contracts may be protected from termination if it violates the terms of the agreement. Implied contracts can arise from employer statements, policies, or practices that create an expectation of continued employment.

Violation of Public Policy

Terminating an employee for reasons that violate public policy is illegal, such as:

• Refusing to Commit Illegal Acts: An employee cannot be terminated for refusing to engage in illegal activities.
• Exercising Legal Rights: Employees have the right to engage in activities protected by law, such as voting, serving on a jury, or taking family or medical leave.

Legal Protections for Employees in Michigan

Federal Laws

Title VII of the Civil Rights Act of 1964

• Overview: Title VII prohibits employers from discriminating against employees based on race, color, religion, sex, or national origin.
• Protections: This law covers all aspects of employment, including hiring, firing, promotions, compensation, and other terms and conditions of employment.
• Enforcement: The Equal Employment Opportunity Commission (EEOC) enforces Title VII, allowing employees to file complaints if they believe they have been discriminated against.

Age Discrimination in Employment Act (ADEA)

• Overview: The ADEA protects employees who are 40 years of age or older from age-based discrimination in the workplace.
• Protections: This law applies to hiring, firing, promotions, compensation, and other employment decisions.
• Enforcement: The EEOC enforces the ADEA, providing a mechanism for employees to file complaints of age discrimination.

Americans with Disabilities Act (ADA)

• Overview: The ADA prohibits discrimination against individuals with disabilities in all areas of public life, including jobs.
• Protections: Employers must provide reasonable accommodations to qualified employees with disabilities, unless doing so would cause undue hardship.
• Enforcement: The EEOC enforces the ADA, ensuring that employees with disabilities receive fair treatment and accommodations.

Michigan State Laws

Elliott-Larsen Civil Rights Act

• Overview: This act prohibits discrimination based on religion, race, color, national origin, age, sex, height, weight, familial status, and marital status.
• Protections: The act covers all aspects of employment, including hiring, firing, promotions, and compensation.
• Enforcement: The Michigan Department of Civil Rights (MDCR) enforces this act, providing a platform for employees to file discrimination complaints.

Michigan Persons with Disabilities Civil Rights Act

• Overview: This act prohibits discrimination against individuals with disabilities in employment, housing, public accommodations, and public services.
• Protections: Employers must provide reasonable accommodations to employees with disabilities, ensuring equal opportunities in the workplace.
• Enforcement: The MDCR enforces this act, protecting the rights of employees with disabilities in Michigan.

Michigan Whistleblowers’ Protection Act

• Overview: This act protects employees who report or are about to report a violation or suspected violation of a law, regulation, or rule to a public body.
• Protections: The act prohibits employers from retaliating against employees for whistleblowing activities.
• Enforcement: Employees can file a complaint with the appropriate agency or pursue legal action if they believe they have been retaliated against for whistleblowing.

Steps to Take if You Are Wrongfully Terminated

Documenting the Termination

Collecting Evidence

• Termination Notice: Keep any written termination notices or documentation provided by your employer. This includes emails, letters, or any official communication regarding your termination.
• Employment Records: Gather all relevant employment records, including your employment contract, performance reviews, and any commendations or disciplinary actions. These documents can provide a comprehensive picture of your employment history.
• Communication Records: Save all communication between you and your employer, supervisors, or HR representatives related to your termination. This includes emails, text messages, and voicemails.
• Witness Statements: If any colleagues witnessed your termination or can attest to unfair treatment, ask them to provide written statements. These can be crucial in supporting your case.
• Personal Notes: Write down your recollection of events leading up to and following your termination. Include dates, times, and specific incidents that you believe contribute to your wrongful termination claim.

Filing a Complaint

EEOC (Equal Employment Opportunity Commission)

• Federal Claims: If you believe your termination violated federal laws (such as Title VII, the ADA, or the ADEA), you can file a complaint with the EEOC.
• Filing Process: Visit the EEOC website or contact your local EEOC office to begin the filing process. You must file your complaint within 180 days of the termination.
• Investigation: The EEOC will investigate your claim, and if they find evidence of wrongdoing, they may try to resolve the issue through mediation or take legal action on your behalf.

Michigan Department of Civil Rights (MDCR)

• State Claims: If your termination violated Michigan state laws (such as the Elliott-Larsen Civil Rights Act or the Michigan Whistleblowers’ Protection Act), you can file a complaint with the MDCR.
• Filing Process: Visit the MDCR website or contact their office to file your complaint. The filing deadline is generally 180 days from the date of termination.
• Investigation: The MDCR will investigate your claim, and if they find evidence of a violation, they may attempt to resolve the issue through conciliation or take further action.

Seeking Legal Advice

Consulting with a Wrongful Termination Attorney

• Importance of Legal Representation: Navigating wrongful termination claims can be complex, and having an experienced attorney can significantly improve your chances of success.
• Case Evaluation: A wrongful termination attorney will evaluate your case, review the evidence, and provide you with an honest assessment of your legal options.
• Legal Strategy: Your attorney will develop a legal strategy tailored to your specific situation, whether it involves negotiating a settlement, filing a lawsuit, or representing you in court.
• Compensation and Remedies: Your attorney will help you seek appropriate compensation for lost wages, emotional distress, and other damages resulting from your wrongful termination. They will also pursue any necessary legal remedies, such as reinstatement or policy changes within the company.

Compensation and Remedies for Wrongful Termination

Types of Compensation

Lost Wages

• Back Pay: Compensation for wages lost from the date of termination until the date of a legal settlement or court judgment. This includes salary, bonuses, and benefits the employee would have earned.
• Front Pay: Future lost earnings if reinstatement is not feasible or the employee has difficulty finding new employment. Front pay covers the expected period it will take the employee to find comparable employment.

Reinstatement

• Job Reinstatement: In some cases, the court may order the employer to reinstate the wrongfully terminated employee to their former position. Reinstatement aims to restore the employee to the status they held before the wrongful termination.

Punitive Damages

• Punitive Damages: These are awarded in cases where the employer's conduct was particularly egregious or malicious. Punitive damages are intended to punish the employer and deter similar behavior in the future.

Emotional Distress

• Compensation for Emotional Harm: Wrongful termination can cause significant emotional and psychological harm. Compensation may be awarded for emotional distress, anxiety, depression, and other related conditions resulting from the termination.

Legal Remedies

Injunctive Relief

• Cease and Desist Orders: Courts may issue injunctive relief to prevent the employer from continuing discriminatory or retaliatory practices. This can include orders to stop wrongful termination practices and to implement fair employment policies.
• Reinstatement Orders: As mentioned, injunctive relief can also involve reinstating the employee to their previous position.

Policy Changes

• Workplace Policy Revisions: Employers may be required to revise their workplace policies and procedures to ensure compliance with employment laws and prevent future wrongful termination incidents.
• Training Programs: Courts may mandate that employers implement training programs to educate managers and employees about legal requirements and best practices for preventing discrimination, retaliation, and other unlawful employment practices.

Contact Marko Law for a Free Consultation and Expert Legal Assistance

At Marko Law, we are dedicated to protecting the rights of employees who have been wrongfully terminated. Our experienced attorneys provide comprehensive legal support, helping individuals understand their rights, gather evidence, and pursue justice. We believe in holding employers accountable for unlawful actions and ensuring that our clients receive the compensation and remedies they deserve.

Contact Marko Law today for a free consultation and expert legal assistance if you believe you have been wrongfully terminated.

• Phone: 1-833-MARKO-LAW or 1-313-777-7LAW
• Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
• Website: Marko Law

Our goal is to provide personalized and effective legal support, empowering employees to stand up for their rights and seek the justice they are entitled to. Trust Marko Law to be your advocate in navigating the complexities of wrongful termination claims in Michigan.