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Practice Areas

WRONGFUL TERMINATION

In Michigan all employees are presumed to be at will unless a public policy exception exist to at will employment. Two recognized exceptions to at will employment in Michigan are statutory exceptions and recognized public policy exceptions. Some examples of statutory exceptions and public policy exceptions are:

STATUTORY EXCEPTIONS

  1. The Michigan Elliott Larsen Civil Rights Act provides a basis for a plaintiff who seeks to challenge a wrongful termination. It is a violation of the Elliott Larsen Civil Rights Act to discrimination an employee or an applicant for employment based on their race, gender, religion, national origin or age. Michigan is one of the only jurisdictions that also provides protection against discrimination based on height or weight.

  2. Michigan Persons With Disabilities Act provides a basis for a plaintiff who seeks to challenge an employer on the basis of a health condition or handicap. The law prohibits discrimination either because of a disability or because an employer perceived a disability.

  3. Michigan Whistleblowers Protection Act provides protection for employees who have been discharged for reporting or being about to report a violation or suspected violation of a regulation or law.

PUBLIC POLICY EXCEPTIONS

  1. It is against the law to terminate an employee in Michigan for filing or being about to file a claim under the Michigan Worker's Compensation Act.

NON TERMINATION EMPLOYMENT DISCRIMINATION

You have rights under the laws of the State of Michigan prior to any termination. Some of these rights include:

  1. Sexual Harassment the civil rights laws of the State of Michigan prohibit either quid pro quo or creating a hostile environment based on gender.

  2. Racial/ National Origin Harassment the laws of Michigan prohibit harassment in the workplace because of either your race or national origin.

  3. Breach of the Right to Privacy you have some rights to be free from intrusion into your private affairs by your employer.

  4. Intentional Infliction of Emotion Distress there are times when the totality of conduct of the employer is so outrageous that they result in severe emotional distress.

  5. Family Medical Leave/ Pregnancy Leave/ Medical Leaves you have rights under these laws which provide employees with certain protection for taking leave.