Michigan Wrongful Termination FAQs

Employers cannot legally fire employees based on certain protected characteristics. Federal laws prohibit termination based on race, religion, sex, age (for employees over 40), disability, and more. Additionally, firing in retaliation for reporting discrimination, harassment, or other illegal activities is also prohibited. If an employer terminates an employee for any of these reasons, it may constitute wrongful termination, and the affected employee may have grounds for legal action.

Proving wrongful termination requires gathering sufficient evidence to support your claim. Documentation is crucial. Collect emails, performance reviews, employment contracts, and witness statements that substantiate your allegations. Keep detailed records of incidents of discrimination, harassment, or retaliation, including names, dates, and specific details. Performance evaluations that contradict the reasons given for your termination can also serve as valuable evidence. Consulting with an experienced attorney can help you build a strong case.

In a wrongful termination lawsuit, various types of damages may be awarded. These can include:

• Reinstatement: Returning to your former position or a comparable one within the company.
• Back Pay: Compensation for wages lost due to the wrongful termination, including benefits and bonuses.
• Front Pay: Future lost earnings if reinstatement is not feasible or desirable.

Each case is unique, and the specific damages awarded will depend on the circumstances and the evidence presented.

Yes, wrongful termination can be a form of retaliation. Retaliation occurs when an employer takes adverse action against an employee for engaging in legally protected activities, such as filing a complaint about workplace discrimination or harassment, reporting unsafe working conditions, or participating in an investigation. Even if the reported activity is not illegal, as long as the report was made in good faith, the employee is still protected from retaliation.

Employees can take several steps to protect themselves if they believe they were wrongfully terminated:

1. Document Everything: Keep detailed records of any incidents of discrimination, harassment, or retaliation. Save copies of emails, performance reviews, and other relevant documents.
2. Request Access to Your Personnel File: Employers are required by law to provide access to your personnel file. Review and make copies of the documentation related to your employment and termination.
3. Seek Legal Advice: Consult with an experienced wrongful termination attorney to evaluate your case and determine the best course of action. An attorney can guide you through the legal process and help you gather the necessary evidence.
4. File a Complaint: Report the wrongful termination to the appropriate government agency, such as the Equal Employment Opportunity Commission (EEOC) or your state’s labor department.

By taking these steps, employees can strengthen their case and pursue fair compensation for the harm caused by wrongful termination.