There are certain facets of employment law in Michigan that employees and employers must be aware of to avoid an accusation of wrongful termination. It is not unusual for employers to dismiss an employee for no viable reason and do so as a form of retaliation. What many former employees are not aware of is that they may have the right to pursue compensation if they are able to prove that the dismissal was not due to a legal reason and was instead an unlawful retaliatory act. To understand whether a case falls into this category, it is important to get legal advice.
Michigan employees who are part of a union will have the right to believe that their interests are being protected by their union representation. However, there are certain times at which the union is mistreating the same workers its mandated is to protect. It can be a difficult circumstance for employees to understand the various aspects of employment law, especially when the retaliation might be coming from an entity that is meant to help them. In such cases when there is a belief that something illegal is occurring from the union perspective, having legal help is key.
Particularly with high-profile jobs in Michigan, a termination shortly after a person's hiring is certain to draw attention. Often, these firings have to do with differences of opinion as to how an employee should conduct him or herself and what the employee believed was within the parameters of the job. If the employee ends up losing his or her job, disagreement over the cause of the termination can lead to a wrongful termination lawsuit to determine whether or not there was a violation of employment law. If successful on such a claim, a former employee may garner compensation for his or her damages, as one individual is now trying to accomplish.
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.