My husband was fired from his job on false pretenses is he able to sue them?

Asked almost 6 years ago - Southfield, MI

my husband was fired from his job based on them closing the store down. upon talking to somebody else who works in the company they are still open and don;t plan on shutting down for a while. he was the only one working in the store at the time and upon firing him they moved another employee over to run the store.

Attorney answers (2)

  1. Answered . If your husband was an at will employee, the only way that he could sue them is if he has evidence that would demonstrate that his termination was based on his race, age, gender, national origin, or some other specific characteristic or conduct that that law protects. There is no law in Michigan or on the federal level that requires employers to terminate for fair or just reasons, only. The law in Michigan and in most states leave it up to the employer and employee to detemine, through the negotiation of an employment contract, whether termination can occur for fair and just reasons, only. At will employees can be fired unfairly, under false pretenses, or for no reason at all. At will means that the employee has no recourse to challenge a termination because they think it was unfair, or that they did not deserve to be fired. Therefore, the only way an at will employee can sue is if they can prove their termination was based on an illegal reason, such as race, age, or some other protected characteristic or conduct, which are legislative exceptions to the general rule of at will employment.

  2. Answered . If you have a discrimination theory about retaliatory discharge or hostile workplace conditions you'll need a lawyer. Religious belief, age, gender, race etc. all are discriminatory reasons for which you cannot be legally fired and upon which you might base a wrongful termination suit.

    If you are an at-will employee, you can be fired for any reason or no reason, except unlawful discrimination. If you do not have an employment contract or union to represent you, your recourse is limited. Discrimination based on age, gender, race, religious beliefs etc.... may give rise to a different answer.

    You might find my Legal Guide helpful "Workplace Discrimination: A Basis for Wrongful Termination Claims"

    http://www.avvo.com/legal-guides/ugc/workplace-...

    You might find my Legal Guide helpful "How to Choose a Lawyer for you.”

    http://www.avvo.com/legal-guides/ugc/how-to-cho...

    You might find my Legal Guide helpful "What Do I Tell My Lawyer"?

    http://www.avvo.com/legal-guides/ugc/what-do-i-...

    No one can know what the record is in the case because online we cannot find out any details. Check with a lawyer in your locale to discuss more of the details.

    Good luck to you.

    God bless.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding.

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