Michigan's Wrongful Termination & Employment Discrimination Laws
Detroit's finest in employment law
No matter what your position is in the workforce, the employment law firm of Sue Ellen Eisenberg and her associates can help you resolve the employment law issues you face. Our lawyers successfully represented both employees and employers in Detroit and throughout Michigan state.
Our attorneys at the law firm of Sue Ellen Eisenberg & Associates practice the following areas of employment and discrimination law:
- Employment Discrimination
- Workplace Harassment / Hostile Work Environment
- Retaliation
- Wrongful Termination and Other Employment Actions
- Executive Employment Agreement
- Severance Packages
- Compensation and Benefits
- Hiring, Discipline & Termination Counseling for Businesses
- Investigation, Training and Policies for Businesses
- Negotiation and Litigation
Employment Discrimination Laws in Michigan
State and federal laws protect employees from adverse employment actions (for example, failure to hire, improper discipline, demotions, failure to promote, and termination) based upon legally protected classifications. Discrimination based upon an individual’s age, race, sex, disability, religion, national origin, pregnancy, military service and other factors are unlawful. SEE&A represents individuals asserting such claims and defends employers in matters involving federal claims under Title VII, Section 1981, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Americans with Disabilities Act, the Equal Pay Act, and the Uniformed Services Employment and Reemployment Rights Act and state law claims under Michigan’s Elliot-Larsen Civil Rights Act and the Handicappers’ Civil Rights Act.
Workplace Harassment / Hostile Work Environment in Michigan
Often unlawful discrimination does not result in an adverse employment action, such as a discharge or demotion. Nonetheless, an employee may be subject to unlawful harassment resulting in a hostile work environment if that harassment is based upon the individual’s age, race, sex, disability, religion, national origin, pregnancy, or other protected classifications. State and federal statutes protect employees and give them the right to work in an environment free from discriminatory intimidation, ridicule and insult. To present a viable claim, however, the harassment must be sufficiently severe or pervasive to alter the conditions of the individual’s employment and create an abusive working environment. SEE&A represents individuals asserting such claims and defends employers in matters involving federal claims under Title VII, Section 1981, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Americans with Disabilities Act, and state law claims under Michigan’s Elliot-Larsen Civil Rights Act and the Handicappers’ Civil Rights Act.
Retaliation
An employer’s or co-workers’ retaliation against an employee who makes a good faith complaint of unlawful discrimination is also impermissible. Again, the underlying claim does not have to be proven. Rather, the employee must possess a good faith belief that discrimination has occurred and establish that the belief was subjectively reasonably in light of the facts. Anti-retaliation protection also covers employees who have testified, assisted or participated in an investigation, proceeding, or hearing concerning alleged discrimination.
Wrongful Termination and Other Employment Actions
Most people understand that an employer cannot terminate an employee on the basis of his or her inclusion in a protected classification like race or gender. Other employer conduct may also be characterized as being “adverse employment action” and, if the employer bases such decisions on the employee’s protected classification, it is unlawful. For example, adverse employment actions include a failure to hire, improper discipline, pay decisions (decreases or failure to increase), and failure to promote. The two elements necessary to establish an adverse employment action are (1) that it is materially adverse; e.g., more than inconvenient or a benign alteration of job assignments; and (2) that is an objective (rather than simply subjective) basis for asserting that the employment action was adverse.
Even if an adverse employment action has not occurred, employees are protected from a hostile work environment based upon unlawful discrimination as well as retaliation. (See above)
Executive Employment Agreements
SEE&A represents individuals, typically executives and professionals, in negotiating and enforcing employment agreements. These agreements typically define the parties’ obligations and rights. Important terms such as the duration of employment, compensation (including salary, benefits, bonus, deferred compensation, and equity interests), job responsibilities and duties, basis for termination, change of control events, severance and post-employment restrictions (such as a non-compete agreement) are often addressed in these agreements.
Given the presumption in Michigan and many other jurisdictions of at-will employment, these agreements often provide important protections and clarification to both employees and employers. Our firm is well-versed in tax laws that, if unrecognized, may greatly reduce the benefit of negotiated terms.
Our firm works carefully with our clients to strategize and determine the best method for approaching negotiation. Sometimes direct attorney involvement may not be warranted. In these instances, we offer positive and proactive behind-the-scenes advice and coaching.
Such agreements may be breached and a client’s contractual rights violated. For example, an executive may assert that compensation terms have not been honored, she has been effectively removed from her position, or a change of control has occurred. Employers may assert good cause for terminating the contract or that a restrictive covenant has been violated. In any type of claim involving a contract, our firm is available to provide evaluation, guidance and advice.
Severance Packages
SEE&A drafts and negotiates severance packages on behalf of employers. We also articulate the basis for and achieve enhanced packages on behalf of employees. We analyze the agreement with a keen eye toward issues such as timing of payments, payment of unpaid leave time, medical benefits, retirement bridges, stock option vesting, post-employment restrictions (non-compete, non-solicitation, confidentiality, non-disparagement), amongst other terms.
Compensation and Benefits
SEE&A represents employees and employers in a myriad of issues pertaining to employee compensation and benefits. Employers must adhere to state and federal wage and hour laws concerning overtime (for example, the Fair Labor Standards Act), minimum wage, equal pay, and employment of minors. Depending upon the employer’s workforce and the jurisdiction in which it operates, an employer may have to provide notice to employees of reductions in force or provide certain payments at the time of notification of termination. Employees may also have rights concerning the continuation of medical coverage (COBRA) and with respect to vested retirement benefits under the Employee Retirement and Income Security Act (ERISA). Many employees are also entitled to unemployment compensation or coverage under employer-provided disability and life insurance policies. Our firm is well-versed in these matters and is able to provide analysis and guidance.
Hiring, Discipline & Termination Counseling for Businesses
SEE&A provides a full range of services to our business clients. Businesses are required to understand and adhere to many state and federal statutes concerning fair and equal employment practices. Our attorneys are experts in all employment-related areas and are available to provide expert counsel on short notice. Our firm frequently acts in the role of our client’s de facto human resources department or communicates directly to our client’s established HR department.
SEE&A is available to guide employers in making legally compliant and prudent business decisions regarding employee hiring, discipline, and termination. We also support our business clients by preparing appropriate employment forms for applications, performance evaluations, employee handbooks, disciplinary/counseling events, and policies concerning discrimination and harassment. Our firm provides training to management on how to address employee complaints, including investigations. Alternatively, our clients also retain SEE&A to handle complaint investigations on its behalf. We also train employees on the appropriate manner of reporting concerns to management. Such proactive measures are designed to ensure that our business clients are legally compliant, avoid claims, and optimize all available defenses in the event a claim is asserted.
SEE&A acts as an on-call Human Resources Department for business clients. It is available to address all issues that arise in every day employment contexts; e.g., an employee who appears to be intoxicated, an employee who is bullying or otherwise a suspected danger, an employee who is disclosing trade secrets or an employee who presents with a medical leave mere moments before a disciplinary meeting.
Investigation, Training and Policies for Businesses
Many employment claims and disputes may be avoided altogether with appropriate investigation, training and policies. SEE&A counsels business clients by providing them with the latest policies and employment manuals designed to educate employees as to their rights and duties in the workplace. It also conducts training regarding employment discrimination and harassment, including sexual harassment. It provides specialized training to management and supervisory personnel on how to identify and respond to employee complaints and conducting legally compliant investigations.
Negotiation and Litigation
Every client presents with different facts, circumstances, and goals. Our firm listens, provides comprehensive analysis and develops a proactive strategy to further the best interests of our clients. As expert negotiators, we develop a compelling presentation that encourages a negotiated resolution of disputes that is time-sensitive, discrete and empowers clients to move forward. Although a negotiated outcome is our firm’s goal, it is never utilized at the sacrifice of the client’s best interests. The firm is prepared to advocate in a full spectrum of legal forums, including those in state and federal courts, administrative agencies, arbitration, or mediation/facilitation. The ultimate goal is a just result for our clients.
For legal counsel contact our employment and discrimination lawyers in Detroit.
