Losing a job is a difficult experience, often bringing sudden financial and emotional challenges. While most employment in the United States is “at-will,” meaning employers can terminate employees for almost any reason, there are clear legal protections against unlawful dismissals. These legal protections ensure that employees aren’t unfairly or illegally targeted when their employment ends.
Common Grounds for Wrongful Termination
Discrimination
Federal and state laws make it unlawful to terminate employees based on specific protected characteristics. Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), and national origin. Additional protections are provided by the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Genetic Information Nondiscrimination Act (GINA). Michigan’s Elliott-Larsen Civil Rights Act extends these protections to include height, weight, and marital status. If an employee can show they were terminated because of one of these characteristics, the employer may be liable for wrongful termination.
Retaliation
Employers cannot terminate employees in retaliation for engaging in legally protected activities. These activities include filing complaints about discrimination, reporting workplace safety concerns, or participating in investigations into the employer’s practices. For example, an employee who reports unsafe working conditions under the Occupational Safety and Health Administration (OSHA) regulations and is subsequently fired may have a strong claim for wrongful termination.
Violations of Contracts or Promises
Employees with a written or oral employment contract that outlines specific terms for termination are not subject to at-will dismissal. Similarly, if an employer’s policies or handbooks create an implied contract that termination will only occur under particular conditions, firing an employee outside of those terms may constitute wrongful termination. For example, a policy requiring “progressive discipline” before termination could bind the employer to those steps.
Michigan-Specific Protections
Elliott-Larsen Civil Rights Act (ELCRA)
Michigan’s ELCRA provides robust protections against discrimination, going beyond federal law to include unique categories such as height and weight. An employer who terminates an employee because of one of these characteristics risks violating this state statute.
Persons With Disabilities Civil Rights Act (PWDCRA)
PWDCRA is quite similar to the federal ADA and requires Michigan employers to provide reasonable accommodations for employees with disabilities unless such accommodations would cause undue hardship. Terminating an employee due to a disability or refusal to accommodate could result in legal liability for the employer.
Whistleblower Protection Act (WPA)
Under Michigan’s WPA, employees are protected from termination for reporting suspected legal violations by their employer. This includes whistleblowing activities like reporting fraud or environmental law violations to public authorities. Employers who retaliate against employees for engaging in these activities may face wrongful termination claims.
What Can Be Done to Protect Your Rights
For employees, pursuing a wrongful termination claim requires evidence that the termination violated federal or state law, an employment contract, or public policy. Key steps include documenting incidents that led to the termination, preserving communications such as emails or written warnings, and consulting with legal counsel to determine the strength of the claim.
Employers can mitigate risks by adhering to fair and consistent termination practices. Implementing clear policies, training management to recognize legal requirements, and documenting all employment actions can significantly reduce liability.
If you believe your termination was wrongful, seeking legal counsel is essential to understand your rights and potential remedies. Carla D. Aikens, P.L.C., offers legal services to evaluate and pursue wrongful termination claims. Contact the firm at (844) 835-2993 for a consultation.
Carla D. Aikens, P.L.C.
