There are many reasons you can be terminated from a job, and usually, if the employer has a cause he or she can end your working relationship. However, there are times when it is considered wrongful termination and you can file a claim against your employer to recover compensation for your losses. Wrongful termination laws may exist at both the state and federal levels. If you have experienced wrongful termination in Michigan, you may be able to file a legal claim against your employer. An employment law attorney could be beneficial to your claim.
If your employer violates their company policies when terminating you, or if they violate other laws by discriminating against you, they can be held responsible for their actions and may owe you for any damages that you suffered when you were fired from your job. Always maintain documentation and have a paper trail that shows what happened and when it happened.
What Are My Rights In Wrongful Termination?
If you have been wrongfully terminated, there are laws to protect you. You should exercise your rights and ask to be compensated for your losses, such as lost wages and benefits. Michigan law prohibits discrimination based on race, color, national origin, religion, sex, age, disability, HIV/AIDS, marital status, genetic information, weight, height, or misdemeanor criminal arrest record. If you were relieved from your work duties for any of those reasons, you have been the victim of wrongful termination.
A Michigan woman said she was terminated by a medical center where she was employed and when that company fired her, they did not follow the discipline procedures that were laid out in the employee handbook. The medical center said that the woman was fired for violating privacy laws when she looked up a relative’s medical records. The woman claimed that the privacy issue was an excuse for her supervisor who did not like her and wanted rid of her. The court sided with the Michigan woman and awarded her $183,000 in the case.
Suing For Wrongful Termination
If you have been the victim of wrongful termination, you may incur various damages such as lost wages, lost benefits, and even medical expenses. If you lose your insurance because it is through your employer and require medical care during that time, you will end up paying for it out of pocket. Those additional costs can be added in with your damages. Depending on the severity of the claim, the employer may be required to pay additional damages.
When considering a fair settlement, the court will consider why you were terminated, how the laws were violated, any acts of discrimination or harassment, and if there is a pattern of this behavior with that employer. The additional damages could be awarded to you because of extreme hardship that the termination caused or because of the emotional trauma of being the victim of discrimination or harassment. It can also be used to punish your employer for their inappropriate behavior and for disregard of laws.
You will need as much supporting evidence and documentation for your claim as possible. Your employee handbook, employment agreement, separation papers, and any other supporting evidence, such as memos, texts, messages, photos, and so forth can help you prove that you were wrongfully terminated. You will need to prove your claim, so you can recover compensation for your damages.
You have a limited time – called a statute of limitations – for pursuing a claim against your employer if you have been wrongfully terminated. If you wait until the deadline has passed, your claim will be dismissed, and you cannot recover compensation for your damages. You should talk with an employment law expert about your situation to determine how to proceed.
Get Help Today
If you believe you are the victim of wrongful termination in Michigan, you should enlist the help of employment law attorney who is familiar with handling such matters. With the help of an attorney, you will have a much stronger claim and you are more likely to recover your losses by succeeding with your case.
When you meet with a lawyer, be sure to discuss their payment plans. Some attorneys require an advance retainer to be paid but others will take cases on a contingency basis. Also, ask your lawyer if you have sufficient evidence and how they think your claims will fare in court. To share the details of your claim, and to get your case on track, complete the Free Case Evaluation Form on this page.
