Genesee County, MI Wrongful Termination Lawyer & Attorney

Genesee County, MI Wrongful Termination Lawyer & Attorney

Wrongful termination occurs when an employee is fired or laid off from their job in a manner that violates the law or an employment agreement. This can include being terminated for illegal reasons, such as discrimination, retaliation, or breach of contract, or for actions that are protected under public policy. Wrongful termination undermines the principles of fair employment practices and can have significant financial, emotional, and professional consequences for the affected individual.

Legal Grounds for Wrongful Termination

Violation of Employment Contracts

Employment contracts are legally binding agreements between an employer and an employee. If an employer terminates an employee in violation of the terms specified in the employment contract, the employee may have grounds for a wrongful termination claim. This can include:

• Breach of Specific Terms: Terminating an employee without adhering to the termination procedures outlined in the contract, such as required notice periods or reasons for termination.
• Implied Contracts: Even in the absence of a written contract, an implied contract may exist based on company policies, employee handbooks, or verbal assurances made by the employer.

Discrimination

Federal and state laws prohibit employers from terminating employees based on discriminatory reasons. Discrimination can be based on various protected characteristics, including:

• Gender: Terminating an employee because of their gender, including pregnancy-related reasons.
• Race and National Origin: Firing an employee based on their race, ethnicity, or country of origin.
• Age: Terminating an employee because they are over a certain age, typically protected under the Age Discrimination in Employment Act (ADEA).
• Disability: Firing an employee due to a disability, covered under the Americans with Disabilities Act (ADA).
• Religion: Terminating an employee because of their religious beliefs or practices.

Retaliation

Employees are legally protected from retaliation when they engage in certain protected activities. Retaliation occurs when an employer takes adverse action, such as termination, against an employee for:

• Filing a Complaint: Reporting discrimination, harassment, or other illegal activities to HR, a government agency, or in a lawsuit.
• Participating in an Investigation: Being a witness or providing information in an investigation or legal proceeding regarding unlawful practices.
• Whistleblowing: Reporting illegal activities, safety violations, or unethical practices to authorities or regulatory bodies.

Violation of Public Policy

Public policy violations occur when an employer terminates an employee for reasons that contravene the fundamental principles and values of society. This can include:

• Refusal to Engage in Illegal Activities: Terminating an employee for refusing to participate in illegal actions or activities.
• Exercising Legal Rights: Firing an employee for exercising their legal rights, such as taking family or medical leave under the Family and Medical Leave Act (FMLA).
• Performing Civic Duties: Terminating an employee for fulfilling civic responsibilities, such as jury duty or voting.

Legal Framework Governing Wrongful Termination

Federal Laws Addressing Wrongful Termination

Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees based on race, color, religion, sex, or national origin. It applies to employers with 15 or more employees and covers all aspects of employment, including hiring, firing, promotions, and compensation. Wrongful termination under Title VII can occur if an employee is fired due to any of these protected characteristics.

Age Discrimination in Employment Act (ADEA)

The Age Discrimination in Employment Act (ADEA) protects employees who are 40 years of age or older from discrimination based on age. The ADEA applies to employers with 20 or more employees and prohibits discrimination in hiring, promotions, wages, and termination. Wrongful termination under the ADEA occurs when an employee is fired because of their age.

Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities in all areas of public life, including jobs. The ADA applies to employers with 15 or more employees and requires employers to provide reasonable accommodations to employees with disabilities. Wrongful termination under the ADA occurs when an employee is fired because of their disability or because the employer failed to provide reasonable accommodations.

Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons, such as the birth or adoption of a child, a serious health condition, or caring for an immediate family member with a serious health condition. The FMLA applies to employers with 50 or more employees. Wrongful termination under the FMLA occurs when an employee is fired for taking or requesting FMLA leave.

Michigan State Laws Addressing Wrongful Termination

Elliott-Larsen Civil Rights Act

The Elliott-Larsen Civil Rights Act (ELCRA) is Michigan's primary civil rights law, prohibiting discrimination in employment, housing, education, and public accommodations based on religion, race, color, national origin, age, sex, height, weight, familial status, or marital status. The ELCRA applies to employers of all sizes. Wrongful termination under the ELCRA occurs when an employee is fired due to any of these protected characteristics.

Michigan Whistleblowers' Protection Act

The Michigan Whistleblowers' Protection 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. The Act also protects employees who participate in hearings, investigations, legislative inquiries, or court actions. Wrongful termination under the Whistleblowers' Protection Act occurs when an employee is fired in retaliation for whistleblowing activities.

Proving Wrongful Termination

Gathering Evidence

Documentation of Incidents

Detailed documentation is essential for proving wrongful termination. This includes:

• Dates and Times: Record the specific dates and times of incidents that suggest discriminatory or retaliatory behavior.
• Descriptions of Incidents: Provide thorough descriptions of each incident, including what happened, who was involved, and any relevant context.
• Emails and Correspondence: Save all relevant emails, memos, and written communications that may demonstrate discriminatory practices or retaliatory actions.
• Performance Reviews: Maintain copies of performance reviews, evaluations, and any other formal assessments that indicate a sudden or unjustified change in your employment status.

Witness Statements

Witnesses who observed discriminatory or retaliatory behavior can provide valuable testimony to support your claim. Steps to gather witness statements include:

• Identify Witnesses: Determine which colleagues, supervisors, or other individuals witnessed the incidents or can attest to the discriminatory environment.
• Collect Statements: Obtain written statements from these witnesses detailing their observations. Ensure that these statements include specific details and context.
• Willingness to Testify: Confirm that the witnesses are willing to testify on your behalf if your case proceeds to a hearing or trial.

Employment Records

Employment records can provide critical evidence in a wrongful termination case. These records may include:

• Employment Contracts: Copies of your employment contract or any written agreements outlining the terms and conditions of your employment.
• Company Policies: Access to employee handbooks, company policies, and procedures that demonstrate the employer's obligations and any potential violations.
• Termination Documents: Documentation related to your termination, including termination letters, severance agreements, and any communications regarding the reasons for your dismissal.

Importance of Timing in Filing a Claim

Timing is crucial when filing a wrongful termination claim. Both federal and state laws have specific deadlines, known as statutes of limitations, for filing discrimination and retaliation complaints. Adhering to these deadlines is essential to ensure your claim is considered valid. Key timing considerations include:

• EEOC Filing Deadline: For claims under federal laws such as Title VII, the ADEA, the ADA, and the FMLA, you must file a charge with the Equal Employment Opportunity Commission (EEOC) within 180 days of the alleged discriminatory act. This deadline may be extended to 300 days if a state or local anti-discrimination law also covers the claim.
• State Filing Deadline: Under Michigan laws such as the Elliott-Larsen Civil Rights Act and the Michigan Whistleblowers' Protection Act, you must file a complaint with the Michigan Department of Civil Rights (MDCR) within 180 days of the alleged discriminatory act.
• Internal Reporting: Many employers have internal procedures for reporting discrimination or retaliation. Following these procedures promptly can help support your case and demonstrate that you took appropriate steps to address the issue.

Remedies for Wrongful Termination

Compensation for Lost Wages and Benefits

One of the primary remedies for wrongful termination is compensation for the financial losses incurred due to the unlawful dismissal. This compensation can include:

• Back Pay: Wages and benefits that the employee would have earned from the time of termination until the resolution of the case. This may include salary, bonuses, overtime pay, and benefits such as health insurance and retirement contributions.
• Front Pay: Compensation for the loss of future earnings if reinstatement is not feasible or if the employee remains unemployed or underemployed due to the wrongful termination.

Reinstatement

Reinstatement involves returning the wrongfully terminated employee to their former position or to a comparable position. This remedy aims to restore the employee's career trajectory and professional standing. Reinstatement can include:

• Previous Job: Returning to the exact position held before termination.
• Comparable Position: Placement in a similar role with equivalent responsibilities, pay, and benefits if the original position is no longer available.

Emotional Distress Damages

Wrongful termination can cause significant emotional and psychological harm. Courts may award damages for emotional distress to compensate for:

• Mental Anguish: Compensation for the mental suffering and anguish caused by the wrongful termination, including anxiety, depression, and loss of enjoyment of life.
• Reputational Harm: Damages for any harm to the individual's reputation and professional standing resulting from the termination.

Punitive Damages

Punitive damages are awarded to punish the employer for particularly egregious or malicious conduct and to deter similar behavior in the future. These damages are intended to send a strong message that wrongful termination will not be tolerated. Factors considered in awarding punitive damages include:

• Severity of the Conduct: The egregiousness and harmfulness of the employer's actions.
• Employer's Intent: Whether the employer acted with malice, reckless indifference, or willful disregard for the employee's rights.
• Deterrent Effect: The need to deter similar conduct by the employer and other organizations.

Contact Marko Law

Addressing wrongful termination is essential for ensuring a fair and just workplace environment. At Marko Law, we are committed to providing comprehensive legal support to individuals facing wrongful termination in Genesee County, MI. Our experienced attorneys are here to guide you through the legal process, advocate on your behalf, and achieve the best possible outcome for your case. If you have experienced wrongful termination, contact Marko Law today for expert legal representation and compassionate support.

Contact Details

• Main Office:
  220 W. Congress, 4th Floor
  Detroit, MI 48226
• Phone Numbers:

1-833-MARKO-LAW (1-833-627-5652)

1-313-777-7LAW (1-313-777-7529)

• Email: info@markolaw.com
• Website: Marko Law