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“We are one of the few law firms that represent both employers and employees, which means we bring multiple perspectives and a wealth of experience to each case” Danielle Sigler, Esq.

WRONGFUL TERMINATION

In Michigan all employees are presumed to be at will unless a public policy exception exists. Two recognized exceptions to at will employment in Michigan are statutory exceptions and recognized public policy exceptions. Some examples of statutory exceptions and public policy exceptions are as follows:

STATUTORY EXCEPTIONS

  1. The Michigan Elliott Larsen Civil Rights Act and Federal Elliot-Larsen Civil Rights Acts provide a basis for a plaintiff who seeks to challenge a wrongful termination. It is a violation of the Elliott Larsen Civil Rights Act to discriminate against an employee or an applicant for employment based on their race, gender, religion, national origin, weight, disability or age.
  2. This statute also extends to protect against pregnancy discrimination, sexual harassment and retaliation.

    However, in order to invoke these protections, an employee must provide the employer notice of the discrimination and/or retaliation.  The best way to do this is to place your detailed concerns in writing and provide it to your supervisor, manager, and Human Resources professional.  Upon notice, the employer must take prompt remedial action to end the discrimination/harassment.  Our attorneys can aid you in this process.

  3. Michigan Persons With Disabilities Act and Americans with Disabilities Act (ADA) provide a basis for a plaintiff who seeks to challenge an employer on the basis of a serious health condition, disability or handicap. The law prohibits discrimination either because of a disability or because an employer perceived a disability.
  4. Michigan Whistleblowers Protection Act provides protection for employees who have been discharged for reporting or being about to report a violation or suspected violation of a regulation or law.
  5. Family Medical Leave Act provides protections and rights which provide employees with certain protection for taking a qualified leave.

PUBLIC POLICY EXCEPTIONS

  • It is against the law to terminate an employee in Michigan for filing or being about to file a claim under the Michigan Worker's Compensation Act.
  • It is against the law to retaliate against an employee who has made a complaint of discrimination and/or harassment.
  • An employer must take care not to create a Hostile work environment
If you have experienced any of the foregoing or your company has been notified of an employee complaint, contact Danielle B. Sigler, Esq. today so that you can be given the proper advice to resolve this matter promptly and effectively.

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