Not everyone who has been let go by their place of work is in a position to file a wrongful termination claim. If you find yourself considering such a claim, it’s a good time to hire a wrongful termination lawyer, because the relevant law is complex and an employment attorney can answer them for you. There are several ways in which a person can be hired, and even if you have no basis for a wrongful termination claim, you may have a basis for:
- Breach of contract,
- Violation of some applicable statute or regulation, or
- Violation of a collective bargaining agreement.
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Some protections in Michigan
Your employer is obliged to look out for you in some ways and protect you from:
- Age discrimination
- Sexual harassment and discrimination
- Racial discrimination
- Wrongful termination
If you’ve been terminated on one of these bases, you have some rights, and an experienced employment attorney can help you assert them.
At-will employment
By default, most employees are regarded as “at-will” employees. This means that the employer can legally terminate the employment any time, without giving a reason; and conversely, the employee can legally leave at any time, without giving a reason.
Being an employee
- You’re paid a salary or an hourly wage, or a combination of base salary and commission
- Your employer withholds taxes for you
- You can apply for unemployment compensation and workers’ compensation
- You can bring a claim for wrongful termination
Union employees
- Your rights are set by your union’s contract with the employer, by federal labor law and by the Michigan Employment Relations Board.
- You can be fired only “for cause” and legitimate causes are laid out in the contract
- You can appeal a termination by filing a grievance through your union
- You can file a claim for breach of contract, but not for wrongful termination
Independent contractors
- You’re in business for yourself and not paid a salary or an hourly rate
- You’re paid when the job is finished
- You pay your own taxes and aren’t eligible for unemployment compensation or workers’ compensation
- You can’t claim wrongful termination, but you may be able to claim breach of contract
- You may be an “employee for a specific term”, meaning that you’re an employee only for a specified time, such as 6 months or a year. In this case you can only be fired “for cause” and usually you’ll have a contract which spells out what a “cause” would be.
- Contracts can be written or implied
- You may actually be the employee of an agency which found you the work
Discrimination
- Race
- Religion
- Sex
- Disability
- Nationality, or
- Age
If you think you’ve been terminated because of any of these, and you have no employment contract, you may have a wrongful termination case.
Jay Trucks & Associates, Michigan’s wrongful termination attorneys have successfully represented thousands of people and collected millions of dollars on their behalf. We are strong advocates for wrongful termination victims and tough negotiators with employers. Ph: (989) 601-2554.
