Wrongful Termination: Understanding Your Legal Protections in Northern Michigan

Have you recently lost your job in Northern Michigan and suspect that it was not for a valid reason? You may have experienced “wrongful termination,” which is a legal term for being fired unlawfully. This blog post will dive into what wrongful termination means, what rights you have as an employee after being terminated, and the legal remedies available to you in Northern Michigan.

What is Wrongful Termination?

Wrongful termination is a legal concept that essentially refers to the unlawful firing of an employee. It occurs when an employer terminates an employee in violation of federal or state laws, or breach of an employment contract. Wrongful termination can have serious consequences for employees, including financial hardship, damage to their reputation, and significant emotional distress. It is crucial for employees to understand what constitutes wrongful termination to protect their workplace rights.

The most common causes of wrongful termination include:

Discrimination: If you were fired because of your race, gender, age, religion, disability, or other protected characteristic, it could be considered wrongful termination. Federal laws, such as Title VII of the Civil Rights Act of 1964, prohibit employers from discriminating against employees based on protected characteristics. Similar laws exist in the State of Michigan.
Retaliation: If you were terminated in retaliation for exercising your legal rights, such as filing a complaint about workplace harassment or reporting illegal activities, it could be wrongful termination. Retaliation is illegal under federal and state law.
Breach of Contract: Many employees have a contract with their employer that outlines the terms of their salary and position. That contract may include the duration of your employment or the reasons for which an employee can be fired. If your employer terminates your employment violating those terms, it may constitute wrongful termination.

Your Rights After Being Terminated

If you believe you have been wrongfully terminated, you have certain rights under Michigan and federal law. These rights can vary depending on the specific circumstances of your case, but here are some common rights that employees typically have:

File a Complaint: You have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Michigan Department of Civil Rights (MDCR) if you believe you were fired for discriminatory reasons.
Severance: Depending on your employment contract or company policy, you may be entitled to severance pay after being terminated. Severance pay is typically a lump sum or series of payments made by an employer to an employee upon termination of employment.
Unemployment Benefits: If you were terminated through no fault of your own, you may be eligible for unemployment benefits. These benefits can provide temporary financial assistance while you search for a new job.
Legal Action: If you believe you were wrongfully terminated, you have the right to file a lawsuit against your former employer. In the State of Michigan, certain lawsuits may be pursued, including:
- Wrongful Termination in Violation of Public Policy -- Michigan recognizes a common-law claim for wrongful termination in violation of public policy. This allows an employee to sue their employer for wrongful termination if the termination violates a clearly established public policy. For example, an employee may have a claim if they were fired for refusing to engage in illegal activity or for reporting illegal conduct by their employer.
- Whistleblower Protection -- Like other states, Michigan has several whistleblower protection laws that protect employees who report illegal activity by their employer.
- Legal Contract -- If an employee has an employment contract, they may be able to sue for breach of contract if they are wrongfully terminated in violation of those terms.
- Promissory Estoppel -- This is a legal term that allows an employee to sue if they were promised job security or other benefits and relied on those promises to their detriment. A good example would be a promise of employment for one year, which causes the employee to relocate their family, only for the employment to be terminated after four months.
- Other Laws -- Michigan has several other laws that protect employees from wrongful termination, such as the Michigan Persons With Disabilities Civil Rights Act.
- Civil Rights -- Michigan's Elliott-Larsen Civil Rights Act prohibits discrimination based on race, color, national origin, sex, age, religion, height, weight, familial status, or marital status.

Legal Remedies for Wrongful Termination

If you pursue legal action for wrongful termination and are successful, several remedies may be available to you. These can vary depending on the specific circumstances of your case, but some common remedies include:

Reinstatement: In some cases, a court may order your employer to reinstate you to your former position.
Back Pay: If you were wrongfully terminated, you may be entitled to back pay, which is the money you would have earned if you had not been fired.
Compensatory Damages: You may be awarded compensatory damages. This is an amount of money that would effectively reimburse you for any losses you suffered as a result of your wrongful termination, such as emotional distress or damage to your reputation.
Punitive Damages: In cases where your employer's actions were particularly egregious, you may be awarded punitive damages. These are intended to punish the employer and deter future misconduct.
Attorney's Fees: If you prevail in your wrongful termination case, your employer may be required to pay your attorney's fees and court costs.

Wrongful termination in Northern Michigan is a serious matter that can significantly impact your life and livelihood. If you believe you have been wrongfully fired from your job, it's important to understand your rights and explore your legal options. Consulting with an experienced employment lawyer can help you navigate the complexities of the legal system and achieve a just outcome in your case.