Employment: I have been wrongfully terminated from my job.
January 1, 2015 - Categories: Legal Articles
If you have been terminated from your job in Michigan, your ability to fight your termination depends on what type of employment agreement you have.
Generally, employment in Michigan is "at will," which means that an employer can fire you for any reason, or no reason at all. They do need "good cause" or a justifiable reason to fire you.
The exceptions are if:
- Your employee handbook gives you certain rights. If your employer has put in writing that they will not fire you without good cause, or that they will not fire you without allowing you to go through some kind of review and/or appeal process within your company, and if they failed to do that, then you may have a claim against them. You will want to review your employee handbook to see if there is any language in there that gives you rights prior to termination that your company did not follow.
- You are a member of a union. If you are a member of a union, your union gives you rights against being terminated without good cause and without a process for review and appeal. Please contact your union representative. You must exhaust all of your union appeal processes before you can sue the company for reinstatement.
- You have a written contract with the company. If you and your company signed a written contract, then check the terms of the contract to see if you have certain rights in the termination process, such as the right to be terminated only upon good cause.
- Your company made any other promises in writing. If your company promised you in writing, such as in emails, at the start of your employment or during your employment, that they would not fire you without good cause, or that you would have a review/appeal process, then they must abide by those promises.
What to do if you have a claim against your company.
If you have a claim against your company, you should:
- If you are a union member, contract your union representative.
- If not, write your company a letter telling them that they violated your rights, and pointing out the language in their employee handbook, contract, email, etc, that shows that they are not following their own proceess.
- If you'd prefer having an attorney write that letter, contact Access Legal Care, and we will write and mail an attorney letter for $150.
- If that fails, you can file a lawsuit against them. We can help you to do so.
If you have additional questions about how to file a lawsuit of your employer to seek an order to give you your job back, please contact Access Legal Care for a free phone appointment with an attorney, at 855-437-3704.