Southfield, MI Wrongful Termination Lawyer & Attorney

Southfield, MI Wrongful Termination Lawyer & Attorney

In Michigan, wrongful termination refers to dismissals that are illegal under state or federal law. Wrongful termination occurs when an employee's dismissal from their job breaches one or more terms of the employment contract or violates employment laws. While Michigan, like many other states, is an "at-will" employment state—meaning either the employer or the employee can end the employment relationship at any time without reason—there are exceptions to this rule. A termination becomes wrongful under Michigan law when it is based on:

   - Discrimination: Federal and state laws prohibit terminating an employee based on protected characteristics such as race, color, national origin, sex, religion, disability, age (if the employee is 40 or older), and genetic information.

   - Retaliation: An employer cannot legally fire an employee for participating in legally protected activities, such as filing a discrimination claim, whistleblowing about illegal activities, or taking legally protected family and medical leave.

   - Violation of Public Policy: This includes dismissal for reasons that society recognizes as illegitimate grounds for termination, such as firing an employee for refusing to break the law at the employer's request.

Legal Standards That Distinguish Lawful from Wrongful Termination

Lawful Termination

A lawful termination occurs when the employer has a legitimate business reason for dismissing the employee, such as poor job performance, misconduct, restructuring, or economic downturns leading to layoffs. Employers are also within their rights to terminate employment for no reason under the at-will employment doctrine, provided the reason is not implicitly illegal.

Wrongful Termination

   - Breach of Contract: If an employment contract exists—whether written, verbal, or implied from an employee handbook or company policy—that stipulates certain conditions for termination, an employer must adhere to these terms. Firing an employee in violation of these terms can constitute wrongful termination.

   - Constructive Dismissal: This occurs when the employer's conduct effectively forces an employee to resign. If the work environment becomes intolerable due to harassment or drastic changes to the terms of employment without the employee's consent, this might be regarded as constructive dismissal, which is legally akin to wrongful termination.

Common Causes of Wrongful Termination

Discrimination

One of the most prevalent grounds for wrongful termination claims is discrimination based on protected characteristics. Under both Michigan law and federal statutes such as the Civil Rights Act of 1964, it is illegal to terminate employment based on:

   - Race or Color

   - National Origin

   - Religion

   - Sex (including pregnancy, sexual orientation, and gender identity)

   - Age (for employees 40 and older under the Age Discrimination in Employment Act)

   - Disability (under the Americans with Disabilities Act)

Retaliation

Retaliation occurs when an employer punishes an employee for engaging in legally protected activities. These activities include, but are not limited to:

   - Filing a complaint about discrimination or harassment

   - Participating in an investigation of workplace discrimination or harassment

   - Whistleblowing on illegal practices

   - Taking legally protected leave under the Family and Medical Leave Act

Violation of Public Policy

This cause for wrongful termination refers to firings that contravene established public policy. This is somewhat broader and can vary by jurisdiction, but generally includes terminations for:

   - Refusing to perform illegal acts at the request of an employer

   - Exercising a statutory right, such as voting or serving on a jury

   - Reporting for military or National Guard duty

Breach of Contract

Wrongful termination can also occur when an employer fails to follow the terms outlined in an employment contract. This can be a written contract or implied terms found in employee handbooks or other policy documents. If these documents stipulate certain conditions under which termination is allowed, or outline a required procedure for termination that the employer does not follow, this can constitute a breach of contract. Common contractual violations include:

   - Not adhering to the stipulated disciplinary procedures before termination

   - Terminating employment without the agreed-upon notice

   - Firing an employee for reasons outside of those listed as permissible in the contract

Legal Protections Against Wrongful Termination

Federal Laws Protecting Employees

Civil Rights Act of 1964 (Title VII): This foundational piece of civil rights legislation prohibits employment discrimination based on race, color, religion, sex, or national origin. It applies to all stages of employment, including hiring, promotions, and termination. Employers who violate these protections can be subject to legal action, where wrongfully terminated employees may recover damages such as back pay, reinstatement, and possibly compensatory and punitive damages.

Americans with Disabilities Act (ADA): The ADA protects qualified individuals from discrimination based on disability. This includes wrongful termination or any other employment discrimination due to a real or perceived disability. Employers are also required to provide reasonable accommodations to enable disabled employees to perform their jobs, barring undue hardship.

Age Discrimination in Employment Act (ADEA): Protecting employees 40 years of age and older, the ADEA prevents discrimination against senior workers in all aspects of employment. It aims to protect older employees from being wrongfully terminated due to ageist biases.

Family and Medical Leave Act (FMLA): The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. Employees cannot be terminated for exercising their FMLA rights, and doing so may constitute wrongful termination.

State Protections 

Michigan's Elliott-Larsen Civil Rights Act

In addition to federal laws, Michigan provides additional protections through the Elliott-Larsen Civil Rights Act. This state law prohibits discrimination based on religion, race, color, national origin, age, sex, height, weight, familial status, or marital status. It covers a broad range of employment practices, including wrongful termination. Like its federal counterparts, the Elliott-Larsen Act allows for damages, legal fees, and other remedies to be awarded to victims of discrimination.

Steps to Take if You Suspect Wrongful Termination

Immediate Actions to Consider

Request a Written Explanation: Ask your employer for a written statement regarding the reasons for your termination. This can provide clear evidence of their stated reasons and may help identify any inconsistencies or illegal motives.

Secure Copies of Employment Documents: Gather all relevant documents related to your employment, including your employment contract, the employee handbook, performance reviews, any commendations or reprimands you have received, and correspondence related to your termination.

Keep a Detailed Record: Document all events and interactions related to your termination chronologically. This should include meetings, phone calls, and exchanges with HR or your supervisor, especially those that might indicate the reasons behind your dismissal.

Documenting All Relevant Communications and Events

Dates and Times: When did discussions or incidents related to your termination take place? Chronological details can be crucial, especially if the timing might suggest retaliatory motives. 

Names and Titles of Individuals Involved: Who was involved in the events leading up to your termination? This includes superiors, HR representatives, and any colleagues who might have witnessed relevant interactions.

Details of Conversations and Incidents: What was said and done? Detailed notes can help recreate conversations and incidents more accurately if the case goes to court.

The Legal Process for Wrongful Termination Claims

Filing a Claim

Choosing the Right Agency: Depending on the nature of your wrongful termination claim, you may need to file with a federal or state agency. For discrimination claims, this might be the Equal Employment Opportunity Commission (EEOC) or the Michigan Department of Civil Rights (MDCR).

Filing the Complaint: You must file a complaint with the relevant agency before you can proceed with a lawsuit in most cases. This complaint should detail the facts of your case, including how you believe your termination violated the law.

   - EEOC: Typically, you must file a charge within 180 days from the day the discrimination occurred. This period may be extended to 300 days if a state or local agency enforces a law that prohibits employment discrimination on the same basis.

   - MDCR: Similar deadlines apply, and you will need to provide sufficient detail to establish the basis of your claim.

The Investigation Process

Review by the Agency: Once your complaint is filed, the agency will review it to determine whether there is enough evidence to proceed. This might involve requesting further information from you and your employer.

Investigation: If the initial review is positive, the agency will conduct a more thorough investigation. This may include interviews with you, your employer, and potential witnesses, as well as a review of relevant documents.

Determination: After the investigation, the agency will make a determination. If they find that discrimination occurred, they may attempt to resolve the issue through conciliation.

Mediation Options

Voluntary Mediation: Both the EEOC and the MDCR offer mediation services at the beginning of the complaint process. Mediation is a confidential and voluntary way to resolve disputes without a lengthy investigation or litigation. Mediation can be a quicker and less adversarial method of resolving disputes. It allows both parties to reach a mutually agreeable solution, often preserving employment relationships.

Potential for Litigation

Right to Sue: If the agency finds no violation or if conciliation fails, they will issue a "right to sue" letter, which permits you to file a lawsuit in a federal or state court.

Filing a Lawsuit: With this letter, you can initiate a lawsuit. This involves preparing legal documents (complaints), filing them with the court, and then serving them on the defendant (your employer).

The Court Process: Once your lawsuit is filed, the pre-trial process begins, including discovery (exchange of documents, depositions, etc.), motions (requests for the court to make decisions), and, potentially, trial. Many wrongful termination suits are settled before reaching trial, but if no settlement is reached, your case will be decided by a judge or jury.

Possible Outcomes: A successful lawsuit might result in remedies such as reinstatement, back pay, damages for pain and suffering, and sometimes punitive damages, depending on the severity of the employer’s misconduct.

Expert Legal Representation for Wrongful Termination

Losing a job can be a traumatic experience, especially when the termination is unjust and unwarranted. At Marko Law in Southfield, Michigan, we specialize in addressing and remedying instances of wrongful termination, helping our clients to navigate the complexities of employment law and secure the justice they deserve. With a deep understanding of both Michigan and federal employment laws, our team is equipped to handle even the most challenging wrongful termination cases.

We encourage anyone in Southfield, MI, who believes they have been wrongfully terminated to reach out to us. With Marko Law, you gain a partner who not only thoroughly understands the legal landscape but is also deeply committed to your welfare and success. Contact us today to discuss your case and learn more about how we can help you navigate your wrongful termination claim and work towards a positive resolution.

‍