Have you been fired recently? You may be wondering if you have grounds for a wrongful termination lawsuit. Identifying your legal rights under Michigan and Federal employment laws is an intimidating task. If your employer is taking unlawful action against you, it is in your best interests to get in touch with an experienced attorney. Marko Law handles all kinds of employment and wage-related cases on behalf of Michigan workers. Contact us today for a free case evaluation.
Common Kinds of Employment Law Claims
There are many types of offenses that employers commit against their workers. You might have found yourself the victim of one of the following:
Sexual harassment is among the most common kinds of employment lawsuits. Examples of sexual harassment consist of; name calling, inappropriate/explicit jokes or gestures, making suggestive remarks regarding your appearance or cornering you in a tight space. Above all, the most obvious form of sexual harassment is sexual assault. This includes any unwanted touching, kissing, groping, slapping, pinching or rape.
Not all harassment is sexual in nature. Verbal harassment can be just as uncomfortable. For instance, employees can be mistreated based on popularity, race, religion, gender and many other reasons. All of which can result in an unhealthy work environment.
If you are not protected by an employment contract your employer can fire you at any time without it being a wrongful termination. However, if you were terminated for any of the following reasons you may be able to file a wrongful termination claim. Pregnancy, retaliation, discrimination, disability or because of family/medical leave are all illegal reasons for firing.
Discrimination in the workplace based on race, color, religion, sex, national origin, age, pregnancy, height, weight, disability and genetics are all illegal. Therefore, if you are treated unfairly or terminated for any of these reasons you may be able to file a claim against your employer.
In Michigan, employers are required to pay their employees one and a half times an employee’s regular rate of pay for each of the hours over 40 each workweek. Even some salaried, commissioned or other non-hourly workers may be owed overtime.
Wage and Hour Violations
Examples include if you worked hours you were not paid for, or asked to run errands or do tasks off-the-clock. You could have had hours removed from your time card or been misclassified as exempt from overtime. Furthermore, if you were misclassified as an independent contractor you may be owed wages.
Retaliation is a broad term that involves adverse action taken against a worker after the employee has filed a complaint. That is to say, it’s a form of punishment the employer issues against the worker for exercising their rights. But this is illegal. Employers will frequently demote, deny benefits or discharge workers to achieve this retaliation.
Family and Medical Leave Violations
Unfortunately, no one plans them but medical and family emergencies occur. Employers may try to force their workers to not miss work during a family emergency or even threaten to fire them for missing work. But, employees are protected under the Family and Medical Leave Act (FMLA) to have unpaid, job-protected leave under particular medical situations. These can include the birth of a child, being sick or injured or needing to take care of an ill or injured loved one. If you were fired for attempting to take FMLA you might have grounds for a wrongful termination case.
Misclassification as an Independent Contractor
If you have been misclassified, you are likely losing out on full pay, benefits as well as important legal protections. Employers will attempt to categorize employees as independent contractors so they can save money. For example, employers do not have to pay for benefits such as health insurance or PTO for independent contractors. Additionally, the employer will save money on taxes by passing the tax responsibility to their employees.
Protect Your Rights
In conclusion, if you believe your employer has committed any of these acts or you were fired unlawfully, speak with a Michigan employment attorney. Our employment discrimination attorneys have extensive experience in helping victims receive the compensation they are entitled to after unjust labor practices.
Marko Law can help you sort through the facts and assess the strength of your case against your current or previous employer. You may be able to get your job back, negotiate a severance package or take them to court. Our lawyers will offer you a free case evaluation where they will explain your options and answer any questions you may have. So call us today.
Contact Us Today to Get a Free Consultation
If you are ready to start your case or need more information about Suing Your Employer in Detroit, Michigan, contact Marko Law Firm today. Let us represent you as you seek justice and compensation for your pain and damages. Call (313) 777-7LAW today to get a free consultation or visit our website: MarkoLaw.com to get more information.