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What if you were not told you were an at will employee then was told "it's not working out" after 3 weeks?

Oxford, MI |

I was never told I was an "at will" employee at time of hire. I was there 3 weeks learning my job and doing quite well. Then one day suddenly I was told "it's not working out" after I was only there for three weeks. My supervisor actually emailed me and said she understood that they were teaching me too much in a short period of time, so she wanted the other girl to do certain job. This girl went on vacation and now she is back. She said things will be easier now and go at a steady pace. She also said not to look at this as a bad thing.

Attorney Answers 2


There is a little more information that is needed before you can get a good answer to your question. An employer does not have to tell you that you are an at-will employee, so long as they do not make other promises about your employment. Most employers tell you that you are an at-will employee so it is crystal clear. I wonder and you should check if they gave you a handbook or sometimes even the employment application includes an at-will disclaimer. I will put a link with this answer if you want to see what types of promises they have to make or get more information about what at-will employment or just-cause employment includes.
So the real questions is whether or not you were promised employment for a period of time or not? If you were then you may have a claim, otherwise you likely were an at-will employee and can be discharged for any reason so long as it is not an illegal reason, e.g. because of race, gender, age, or other protected classification.

Attorney's answer to this question is given for informational purposes only. Every factual situation is different and changes the application of the law to those facts. You should not rely on the answer as advice for your situation. By answering this question, no attorney-client relationship is intentional created, nor should one be implied. Before taking any actions, you should consult with an attorney to advice you on your specific situation.

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The law in Michigan is that every employee is an "at will" employee unless your employment is covered by a union contract or the employer does something that gives you an expectation of some process for termination or some definite time period for the employment-- such as the provision of a personal employment contract or an employment handbook with proceedures, etc. Additionally many employers tell new hires that they are "provisional" for the first 90 days or so..

As a result, I doubt if you have a case against your former short term employer... that is unless there is a lot of additional facts that you have not shared.

Please note that I answered this question with general knowlege of the law and with limited disclosure from you, my answer does not create an attorney-client relationship and I cannot be held responsible for how you, the asker, use the information I provide. If you want to contact me directly and retain my services you may though my listing on this site.

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