Employees in Michigan from a wide variety of jobs can all be confronted with an unexpected dismissal. In some of these cases, the loss of employment might not have to do with any work-related issue and factors revolving around competence, but for other reasons such as retaliation. When a person believes that wrongful termination has taken place, the person has a right to seek to be compensated by the employers for the wrong that was done.
Workers in Michigan need to understand their rights in the workplace. One particular aspect that can be somewhat confusing centers around potential retaliation from employers, alternatively known as adverse actions. A previous post gave an overview of all the three tenets of retaliation including adverse action, covered individuals and protected activity. This post will focus solely on retaliation and adverse actions.
Workers in Michigan can lose their jobs for a wide variety of reasons. Knowing when there has been a wrongful dismissal and whether one's rights are protected under state employment law is key when determining whether or not there are options to file a legal claim. One issue that is often worrisome for employees is known as Performance Improvement Plans or PIP. Losing one's job over PIP might lend itself to a legal filing against an employer.
There are many terms related to employment law that might be confusing to a worker in Michigan. It is in these circumstances that a worker might find him or herself subjected to treatment that is a violation or just seems to be one. One such term is "at-will employment." In almost every state in the United States, workers are considered at-will. What this means is that generally have the right to fire workers without giving a specific reason.
Wrongful termination can occur for many reasons in Detroit, but one of the most shocking and unnecessary has to do with sexual harassment. In some instances, both men and women are subjected to this form of treatment. After getting over the emotional and personal disturbances that this entails, they might have a problem doing their job as they are supposed to. Many times, victims will ignore the issue in fear of retaliation and in the hopes that it will simply go away. Whether it does or not, they are still within their rights to seek compensation for what happened.
There should be no discrimination against any individual on the basis of religion, race, sex, origin or disability. An employer cannot demote, terminate, retaliate or harass any person in the event that the person has filed a discrimination suit. If the person has even complained about discrimination, the employer cannot retaliate against that person.
Many Michigan residents have probably been terminated from their jobs at some point in time. Losing a job can create a difficult situation for a worker, and the person might find it difficult to support their family. It is important for the worker in that situation to determine whether the termination was fair.
Whether it's a wrongful or at-will termination, the U.S. Department of Labor has given certain rights to its employee-citizens to address financial challenges in the event of job loss. These rights include the right to continued healthcare coverage and in some cases the right to unemployment compensation.
Most Michigan workers are employed at the employer's discretion or at will. If an employer determines that the services of an employee are no longer needed, the employer is generally free to termite the employee for any reason or for no reason at all. However, the employee also has rights under state law and if an employee believes that he or she was unjustifiably or wrongfully terminated then he or she may initiate a lawsuit against the employer.
Any termination of employment in violation of federal and state anti-discrimination laws is termed wrongful termination. Recently, a city clerk in Grand Rapids, Michigan filed a wrongful termination lawsuit of $1 million against the Mayor and the city government for violation of her civil rights guaranteed under the Constitution.