I was terminated after 12 years the manager sited that i was giving other emploees one word answers when asked questions.

Asked about 2 years ago - Taylor, MI

I was told in dec that i was to be demoted for answering a question from my boss in a snotty way. I was sent home w/0 pay. We discussed my options that next monday. I sought a counseler to deal with my stress. May he thanked me for changing and was very pleased with my progress. May he left on assignment to NY and instructed me that another team member was in charge but if i saw that he was doing something wrong i was to bring it to his attention. He was gone all of May June and in July there was this one day when we were short 4 people and i was trying to do three peoples jobs. Needless to say it was impossible and we didnt get out until 11pm I had hurt my ankle and could barely walk we also did not have any kind of break from 3 on and i wasnt in charge but i think he held me res

Attorney answers (3)

  1. Sam G. Morgan

    Contributor Level 7

    2

    Lawyers agree

    Answered . If you do not have an agreement on the duration of your employment (i.e., the length of time that you will be employed), and you are employed for indefinite duration (i.e., it could be a short term, it could be a long term - no one ever discussed it with you), the law in Michigan presumes that you are employed on an at-will basis. To overcome that presumption, you need to have objective evidence that you and your employer negotiated and agreed to a term of employment that requires just cause for a termination. Most people don't have that type of evidence, because it never came up. Accordingly, it becomes clear that they are employed on an at-will basis, which means that the employer can terminate the employee with or without a just cause, and at any time, with or without any advance notice. The at-will rule allows the employer to be the final decision-maker of what is fair, and protects the employer from being sued in court for an unfair or unjust discharge.

    If you complaint is that your termination was unfair, and that you got blamed for things that should not have been your responsibility, or circumstance that you could not control, or because the boss did not approve of the way you were interacting with your coworkers, or the attitude that you displayed at work, you are going to be out of luch as far as a wrongful discharge claim. The only way that you could challenge the termination is if you can demonstrate, with facts, that you were treated differently, and held to a different standard, on the basis of your race, or gender, or religion, or some other legally protected characteristic. In that event, your complaint would be about unlawful employment discrimination.

    Based on the description you have provided, it does not look like you have a viable wrongful discharge claim.

  2. Edward Jacob Sternisha

    Pro

    Contributor Level 17

    Answered . Two things:

    1: Yes, your employer can likely terminate you for no reason at all if you are an at-will employee (not in a union, not under contract) except for reasons protected by law such as race, gender, age, etc. You may file for unemployment. As of the first of the year in MIchigan, the maximum amount of benefits was reduced from 26 weeks to 20 weeks.

    2: If you were injured on the job you may have a worker's compensation claim. File immediately with your former employer and contact a Worker's Comp Lawyer if you have any problems with that.

    Good Luck!

    The comments listed here do not create an attorney-client relationship. The comments are for informational... more
  3. Robert M Fortgang

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . I agree with Attorneys Morgan and Sternisha and would add that it would still be in your best interest to try to obtain at least 2 or 3 “no charge” “no obligation” consults with MI-based employment attorneys. Those of us who regularly answer questions posted here on AVVO are an excellent place for you to start your search for local counsel. The bottom line here from my perspective is that it's always wise to invest time in an effort to become an "informed" consumer of legal service. Good luck and best regards, Rob Fortgang - Employment Law Attorneys / 800-932-6457 / rob@fortgangemploymentlaw.com

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,367 answers this week

3,362 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,367 answers this week

3,362 attorneys answering