Getting fired is hard. But when it’s illegal, it’s personal and you have the right to fight back. In Michigan, employment is typically at-will, which means employers can let you go at any time and for almost any reason. However, there are clear exceptions to this rule. If you’ve been dismissed due to discrimination, retaliation, or breach of contract, it may be more than unfair, it may be unlawful.
This article walks you through what constitutes wrongful termination Michigan, how to recognize it, how to take action, and what kind of compensation you might expect.
What Is Wrongful Termination in Michigan?
Wrongful termination occurs when an employer fires someone in violation of the law. This includes dismissals that go against anti-discrimination laws, retaliation protections, or employment contracts. It’s important to distinguish between unfair and unlawful firings:
- Unfair termination might feel wrong, such as being fired because of a personality clash or favoritism, but these are not necessarily illegal.
- Wrongful termination Michigan means the firing breached specific legal protections or contractual obligations in Michgan.
Common Reasons Behind Wrongful Termination Michigan
Employees in Michigan can file wrongful termination claims under several circumstances. Some of the most common include:
Discrimination Based on Protected Characteristics
Protected characteristics are traits that, under federal and state law, cannot be used as grounds for firing. These include:
- Race and color
- National origin
- Religion
- Sex (including gender identity, sexual orientation, and pregnancy)
- Disability
- Age (if over 40)
For example, letting go of a worker simply because they are over 50 can be a violation of the Age Discrimination in Employment Act (ADEA).
Retaliation
Employers cannot fire an employee for engaging in legally protected activities such as:
- Reporting harassment or discrimination
- Filing a workers’ compensation claim
- Whistleblowing about illegal conduct
- Taking family or medical leave under the FMLA
- Cooperating with a legal investigation
Breach of Employment Contract
Even in an at-will state, contracts still matter. These may be:
- Written agreements detailing terms of employment
- Implied contracts derived from offer letters, employee handbooks, or consistent verbal assurances
If an employee is fired in contradiction of those terms, it can constitute wrongful termination.
Breaking Employment Contracts Is Illegal
Employers who fire someone in violation of a contract are breaking the law. This doesn’t just apply to high-level positions with formal contracts; even policies in employee handbooks or verbal assurances can create an implied agreement.
For instance, if an employer promises annual performance reviews and outlines a specific process for termination, failing to follow those procedures before firing someone could be legally actionable.
Michigan does not formally recognize the covenant of good faith and fair dealing as an independent cause of action for wrongful termination. However, the concept may still inform how courts interpret employer conduct in certain cases.
Legal Exceptions to At-Will Employment in Michigan
Though Michigan follows at-will employment, there are key legal exceptions:
Discrimination Laws
Federal and state laws ban firing based on race, sex, age, religion, or disability.
These traits are known as “protected characteristics” under civil rights statutes.
Employers violating these laws may face legal action and financial penalties.
Retaliation Laws
You cannot be fired for asserting your legal rights in the workplace.
This includes filing complaints, participating in investigations, or reporting violations.
Retaliation-based terminations are a major ground for wrongful termination claims.
Public Policy Exceptions
It’s illegal to fire someone for doing something legally required or morally right.
Examples include serving on a jury, voting, or refusing illegal instructions.
Such firings violate the public interest and are protected by court precedents.
FMLA Protections
The Family and Medical Leave Act protects workers needing time off for health reasons.
Employees can’t be fired for taking approved medical or family leave.
Violations can lead to reinstatement orders and compensation for lost wages.
Whistleblower Protections
Michigan law protects employees who report illegal or unethical employer actions.
Under the Whistleblowers’ Protection Act, retaliation for speaking up is unlawful.
This includes internal reports or complaints made to government agencies.
Why These Cases Are Challenging But Winnable
Wrongful termination cases are not always easy to win. Employers often claim the firing was due to performance or restructuring. However, many employees succeed when they present a well-documented, consistent case.
Elements to prove include
- You were employed and then terminated.
- The reason for your termination violated a legal protection or contractual obligation.
- You suffered damages, such as lost wages or emotional distress.
- You have evidence such as written communications, performance evaluations, or witness statements.
It’s also critical to act quickly. In Michigan, complaints to the EEOC or the Michigan Department of Civil Rights must typically be filed within 180 days of the alleged violation.
Proving Wrongful Termination and Seeking Compensation
To build a strong wrongful termination case in Michigan, it’s not enough to simply feel that your firing was unfair, you need solid evidence and a clear timeline. Taking early, strategic steps can significantly improve your chances of success. Begin by documenting everything related to your employment and dismissal. Even if you’re unsure whether you’ll pursue legal action, having a record of events can be crucial later on.
Here are key actions to take when preparing your case:
- Gather all relevant documentation, including emails, contracts, and performance reviews.
- Note timelines and inconsistencies in the employer’s reasoning.
- Speak with witnesses who can corroborate your account.
- File internal complaints with HR if appropriate.
File a claim with the EEOC or a state agency. - Consult an employment attorney.
These steps not only help establish your legal claim but also show that you’ve made efforts to resolve the issue through proper channels.
Compensation may include:
- Back pay and lost benefits
- Emotional distress damages
- Attorney’s fees
- Punitive damages in severe cases
Chances of Winning a Wrongful Termination Lawsuit
Your chances of winning depend on your evidence, the strength of your legal claims, and the employer’s defense. While every case is different, many wrongful termination lawsuits result in successful outcomes for employees, especially when settlements are considered.
It’s important to remember that winning doesn’t always mean a trial victory. Many employers opt to settle once a case gains traction, saving both sides the cost and uncertainty of litigation.
What Is the Average Settlement for Wrongful Termination?
The average settlement for a wrongful termination case can vary significantly depending on the circumstances of the case, the strength of evidence, and the financial impact on the employee. Factors like emotional distress, lost wages, and whether the case involves clear discrimination or retaliation often influence the outcome.
Here’s a general breakdown of settlement amounts:
National Average: $5,000 to $80,000
Most wrongful termination settlements across the U.S. fall within this range.
Amounts depend on factors like wage loss, legal strength, and employer size.
These are often resolved during early mediation or EEOC negotiation.
Michigan Specific Averages: $10,000 to $50,000
In Michigan, settlements are typically a bit more modest but still significant.
The final amount depends on evidence, employment history, and damages.
Workers with clear legal violations or retaliation may get higher payouts.
High Value Cases: Often Exceed $100,000
These cases often involve long-term income loss or emotional suffering.
Examples include executive-level roles or clear evidence of discrimination.
They usually require strong proof and legal support to reach this level.
According to the EEOC’s 2023 enforcement data, over half of wrongful termination cases that were resolved ended in a financial settlement—often without going to trial. These settlements typically occur during mediation or early in the legal process, saving both parties time and litigation costs.
Live in Michigan and Facing Wrongful Termination? We Can Help
If you’re living in Grand Rapids, Detroit, Saginaw, Warren, Sterling Heights, Lansing, Ann Arbor, Flint, Dearborn, Livonia, Canton, Troy, Farmington Hills, Macomb, Kalamazoo, Wyoming, Southfield, Rochester Hills, West Bloomfield, Pontiac, Royal Oak, Novi, Battle Creek, East Lansing, or Midland and have been wrongfully terminated, you don’t have to face the financial burden alone.
Litigation Funding LLC offers pre-settlement funding to help cover your lawsuit expenses such as attorney fees, medical bills, and daily living costs. This financial support allows you to focus fully on your case without worrying about money while waiting for your settlement or judgment.
Our mission is to empower Michigan employees by providing quick, confidential, and easy-to-access funding options that give you the confidence and resources to fight wrongful termination effectively. Reach out today to learn how we can assist you during this challenging time.
How Often Do Companies Settle Out of Court?
The majority of wrongful termination cases over 90% according to many legal sources settle out of court. Employers often prefer settlement to avoid public attention and legal costs.
Most settlements include a non-disclosure agreement (NDA), meaning the details of the payout and the employer’s actions remain confidential.
Has Anyone Ever Won a Wrongful Termination Lawsuit?
Yes. Many employees have won substantial verdicts or settlements. For example:
- A Michigan nurse won over $1 million after proving gender discrimination and retaliation.
- A factory worker received compensation after being terminated for reporting safety violations.
These cases show that with the right documentation and legal support, justice is achievable.
What to Do Immediately After Being Fired
- Stay calm and professional
- Request a termination letter in writing
- Secure personal files and emails if legally permitted
- File for unemployment benefits
- Write down everything you remember about your firing
- Reach out to a legal expert
Quick Rights Checklist
- Fired after reporting misconduct? You may have a retaliation claim.
- Let go for using medical leave? That could violate FMLA protections.
- Terminated despite a contract or promised procedure? A breach of contract may apply.
- Dismissed because of your race, age, or religion? That may be illegal discrimination.
Final Thoughts
Wrongful termination in Michigan isn’t just about lost income—it’s about lost dignity. If something doesn’t feel right about your firing, trust your instincts. Then trust the law. The sooner you act, the stronger your case can be. Talk to an employment lawyer today. You may be closer to justice than you think.
Frequently Asked Questions
Can I sue if I was fired without a reason?
Yes, but only if your firing violated a contract or legal protection. In Michigan, employers can terminate without cause unless it involves discrimination or retaliation. This may qualify as wrongful termination.
How long does a wrongful termination lawsuit take in Michigan?
Wrongful termination lawsuits in Michigan can take anywhere from several months to over a year. Timelines depend on case complexity, legal delays, and whether a settlement is reached or it goes to trial.
What if I was still on probation when I was fired?
Even if you were still on probation, you may have a claim if the firing involved discrimination or retaliation. Michigan law protects employees from illegal termination at any stage of employment.