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The state of Michigan considers employment to be on an "at-will" basis, meaning that an employee can be terminated for any reason the employer sees fit, as long as it's not an illegal firing. The exemptions to the "at-will" status would be if an employee was hired under a clearly-stated contract, or if he can prove that the employer made clear and unequivocal statements about his job status and job security. Even at that, the weight of the law is largely on the side of the employer.
During a job interview, the following questions are strictly off-limits for the interviewer or employer:
- Are you married? Do you plan to get married?
- Do you have any children? Do you plan to have children?
- Where is your place of birth?
- What is your sexual orientation?
- Do you have an arrest record?
- Employee Handbooks
Tied in with "at-will" employment is the issue of employee handbooks. While employee handbooks aren't specifically called for by Michigan employment law, they are still a good idea to clearly lay down a set of expectations in the workplace. The bare minimums that should be laid out in a handbook are:
- A statement about "at-will" employment status
- A set of rules about drug policy
- A set of rules on sexual harrassment or other kinds of harrassment, and remedies
- Policy on equal opportunity hiring and advancement
- Voicemail, e-mail and Internet access policies
- Compliance with the Family Medical Leave Act
An employee handbook can inadvertently affect the "at-will" status of a company's employment policy. There have been cases where the at-will status has been rebutted through statements in the company handbook, where the handbook serves as an enforceable, ad hoc sort of contract with the employee.
Ann Arbor Sexual Harrassment
An employer may be liable in instances of sexual harrassment, loosely defined as unwelcome sexual advances or conduct, or other sexually-oriented physical or verbal acts. Any of the following are considered sexual harrassment:
Overt sexual conduct -- an employer making sexual advances or statements with subordinates
Quid pro quo -- job-related benefits, reassignment or promotion in exchange for sexual favors
Hostile work environment -- a situation where the employer is maintaining an overtly sexual work environment
Sexual harrassment claims in Michigan are handled through the state's Department of Civil Rights. The department also maintains educational programs to address such situations before they happen. There is a 180-day window to file on sexual harrassment claims.
Ann Arbor Workplace Safety
The federal Occupational Safety and Health Administration (OSHA) is backed up in Michigan by the Michigan Occupational Safety and Health Administration (MIOSHA). As in about every other state, Michigan's laws protect an employee from retaliation should he report a health or safety violation to authorities. Worker's compensation laws in Michigan provide for medical care and disability in the case of on-the-job injuries, and are administered through the Department of Labor And Growth, Worker's Compensation Agency. THe state's system is structured so that employees are provided for, but employers have only limited exposure to liability if they were negligent.
Ann Arbor Discrimination and Wrongful Termination
Michigan's laws are clear in this area. An employer cannot fire an employee based on the following:
- Age
- Sex
- Race
- National origin
- Religion
- Pregnancy
- Disability
At the same time, it's illegal for an employer to consider any of the above in regards to:
- Promotions<
- Job assignments
- Wages
- Termination
An employer can be held liable for wrongful termination for terminating an employee for:
- Refusing to break a law
- In retaliation for filng a workplace safety or discrimination claim
- Taking leave under the protection of the Family and Medical Leave Act
- Without following the company's own policy or procedures for grounds for termination (this is where an employee handbook comes in)
- Reasons not explicitly put down in the employment contract (if one is in place)
- Family and Medical Leave
Federal law covers eligible employees for up to 12 weeks unpaid medical or family-related leave, and guarantees medical benefits and restoration of the employee's job and original position on return to work. The following qualifiers apply:
- A year's service at the same employer
- 1250 service hours in the previous 12 months
- FMLA aplies to all federal, state and local governments or agencies, and any private employer with 50 or more employees.
- Post-Employment
Michigan provides unemployment insurance for employees who are terminated through no fault of their own (employees who quit under "good cause" may also be eligible for unemployment benefits). Michigan also extends health benefit coverage through COBRA (Consolidated Omnibus Budget Reconciliation Act) at an employee's own expense, after being terminated for anything other than gross misconduct. COBRA benefits may also apply if the employee's hours have been cut, and can be etended to spouses and dependent children as well.
