BRIAN J GRABER LLC is a Michigan wrongful termination lawyer representing Michigan employees terminated in retaliation for refusing to violate a law in the course of their employment. Michigan follows the employment-at-will doctrine. Under the employment-at-will doctrine, either party to an employment contract for an indefinite term may terminate it at any time for any, or no, reason. See Suchodolski v. Gas Co., 412 Mich. 692, 694-695 (Mich. 1982). However, the employment-at-will doctrine is not absolute. Michigan recognizes an exception to the employment-at-will doctrine, based on the principle that some groups for discharging an employee are so contrary to public policy as to be actionable. See Suchodolski, 412 Mich. at 695.

Refusal To Violate the Law Is a Protected Activity

An employee’s refusal to violate a law in the course of employment is a public policy exception to the employment-at-will doctrine. In recognizing this public policy exception to the employment-at-will doctrine, the Michigan Supreme Court held as follows:

The courts have also found sufficient legislative expression of policy to imply a cause of action for wrongful termination even in the absence of an explicit prohibition on retaliatory discharges. Such as case of action has been found to be implied where the alleged reason for. the discharge of the employee was the failure or refusal to violate a law in the course of employment.
Suchodolski v. Gas Co., 412 Mich. 692, 695 (Mich. 1982).

Therefore, an employee’s refusal to violate a law in the course of his or her employment is considered a protected activity for wrongful termination or retaliatory discharge claim.

However, Michigan independent contractors are not protected from termination in violation of Michigan common law wrongful termination and/or retaliation claims. See Smith v. Town & Country Propererties II, Inc., 338 Mich.App. 462, 480-481 (2021) (refusing to expand Michigan common law retaliatory discharge/wrongful termination claims to protect independent contractors from termination). However, independent contractors in Michigan may have protections under ELCRA and PDRCA and certain federal whistleblower statutes.

Burden of Proof

An employee claiming he or she was terminated in retaliation for refusing to violate a law in the course of employment must prove by a preponderance of the evidence:

That he or she engaged in protected activity, i.e., the employee refused to violate a specific law in the course of his or her employment;
The employer knew about his or her protected activity;
The employer terminated the employee; and
That there is a causal connection between the protected activity and the termination.

If you believe you were terminated in retaliation for refusing to violate a law in the course of employment, contact Brian J Graber LLC, a Michigan wrongful termination lawyer at (269) 230-6054 or by email to schedule a free confidential consultation.

Michigan Supreme Court holds a public policy claim for retaliation exists on the Occupational Safety and Health Act, 29 U.S.C. 651, et seq., and the Michigan Occupational Safety and Health Act, MCL 408.1001 et seq.

On July 22, 2024, in Stegall v. Resource Technology Corp., SC No. 165450, (Mich. Jul. 22, 2024), the Michigan Supreme Court held that employees can assert public-policy cause of actions for wrongful termination in violation of the Occupational Safety and Health Act, (OSHA), 29 U.S.C. 651, et seq., and the Michigan Occupational Safety and Health Act, (MiOSHA), MCL 408.1001 et seq., where these statutes already have anti retaliation provisions and remedies. In Stegall, SC No. 1654560, the Michigan Supreme Court reversed the judgment of the Court of Appeals that the employee’s claims for public policy termination were precluded by the Whistleblower Protection Act, OSHA, and MiOSHA. The Michigan Supreme Court concluded the remedies provided in OSHA and MiOSHA are plainly inadequate to provide the employee with sufficient redress. See Stegall, SC No. 165450 at *18. The Court found the remedies provided are merely cumulative and not exclusive and, accordingly, parties, like plaintiff, challenging their discharge as a matter of public policy are not restricted from doing so. See Stegall, SC No. 165450 at *18.

Other Michigan Wrongful Termination Laws

Michigan employees have protections from retaliation under Michigan’s Whistleblowers’ Protection Act. Click here to learn more about your protection from retaliation under the Michigan Whistleblowers’ Protection Act. The Michigan Whistleblowers’ Protection Act is the exclusive remedy for wrongful termination. See Dolan v. Continental Airlines, 454 Mich. 373, 383 (Mich. 1997). The statute of limitations to bring a Whistleblowers’ Protection Act claim is very short. MCL 15.363(1) requires an employee alleging a violation to bring a civil action for damages within 90 days of the alleged occurrence of the alleged violation of the Act. If you believe you have a wrongful termination claim in violation of the Whistleblowers’ Protection Act, contact BRIAN J GRABER LLC, at (269) 230-6054 or by email to schedule a free confidential consultation.

Michigan employees have a right to be free from wrongful termination in retaliation for exercising rights under the Worker’s Disability Compensation Act. Click here to learn more about your right to be free from wrongful termination in retaliation for exercising your rights under the Worker’s Disability Compensation Act. If you believe you were fired in retaliation for exercising your rights under the Worker’s Disability Compensation Act, contact BRIAN J GRABER LLC, at (269) 230-6054 or by email to schedule a free confidential consultation.

Michigan employees have protections against wrongful terminations in violation Elliott-Larsen Civil Rights Act. Click here to learn about your protections against wrongful termination in violation of the Elliott-Larsen Civil Rights Act. Michigan employees have protections from wrongful terminations in violation of Michigan sexual harassment law. Click here to learn about your right to be free from wrongful termination in violation of Michigan sexual harassment law. If you believe you were terminated in violation of the Elliott-Larsen Civil Rights Act, contact BRIAN J GRABER LLC, at (269) 230-6054 or by email to schedule a free confidential consultation.

Federal Wrongful Termination Laws

Michigan employees may have protection from wrongful termination under several federal laws. To learn more about your rights to be free from wrongful termination under federal law, click here. A list of federal wrongful termination laws enforced by the U.S. Department of Labor/OSHA can be found here. These federal wrongful termination laws are generally referred to as federal whistleblower protection statutes. These federal whistleblower protection statutes may provide broader protections from employer retaliation short of actual termination. However, several of these federal wrongful termination laws have statutes of limitation as short as 30 days. BRIAN J GRABER LLC is a Michigan wrongful termination lawyer representing Michigan employees retaliated against in violation of the following federal laws:

Contact BRIAN J GRABER LLC, a Michigan wrongful termination lawyer as soon as possible if you believe you may have fired or retaliated in violation of any of these federal wrongful termination laws at (269) 230-6054 or by email to schedule a free confidential consultation.