Losing a job is disorienting, and the first few weeks are when employees most often lose rights they did not know they had. Michigan is an at-will employment state, which means an employer can usually end employment for any reason or no reason. It cannot end it for an illegal reason.
When a firing is illegal
A termination may be unlawful if it was motivated by:
- Your race, color, religion, national origin, sex, age, height, weight, marital status, sexual orientation, gender identity, or disability
- A complaint you made about discrimination or harassment, or your participation in an investigation
- Reporting a violation of law to a public body, or being about to report one
- Taking protected medical or family leave
- Refusing to break the law for your employer
Employers rarely state an illegal reason. Discrimination and retaliation are usually proven through timing, inconsistent explanations, comments by decision-makers, and how similar coworkers were treated.
What to do right away
- Write a timeline. While your memory is fresh, list the key events, dates, people involved, and what was said.
- Keep what you are allowed to keep. Save your offer letter, performance reviews, pay records, and any personal copies of messages about your work. Do not take confidential company files.
- Apply for unemployment benefits with Michigan's Unemployment Insurance Agency promptly. Being fired does not automatically disqualify you.
- Do not sign a severance agreement yet. Most severance agreements include a release of discrimination claims. Workers 40 and older are entitled by federal law to at least 21 days to consider a release of age claims and 7 days to revoke it after signing.
- Be careful on social media. Posts about your employer can be used against you later.
- Talk to an employment lawyer before you make statements to the company about why you think you were fired.
Deadlines you should know
Claims under Michigan's Elliott-Larsen Civil Rights Act can generally be filed directly in court within three years. Federal claims, such as those under Title VII, usually require filing a charge with the EEOC first, generally within 300 days in Michigan. Some claims, including whistleblower claims under Michigan law, have much shorter deadlines. Waiting can cost you the case.
If you were fired shortly after complaining, taking leave, or requesting an accommodation, the timing alone may be important evidence.
An attorney can tell you whether the facts point to a claim, which laws apply, and how to preserve it. If you were recently fired, request a consultation.
Need help with this? Learn about our employment discrimination practice, or request a consultation.
This article is general information about Michigan and federal law as of its publication date. It is not legal advice, and reading it does not create an attorney-client relationship. Laws change and every situation is different; talk to an attorney about your facts.