Michigan has a number of protections in place for their employees in addition to federal laws, which include the Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964, although Michigan aligns with federal statutes in general. As an “at will” employment state, workers and employers may both terminate the work relationship for any reason, as long as it does not fall under state or federal laws. Those laws can be pursued by claims through the state EEOC or human rights offices, or by private lawsuits by the employee and their employee rights attorney.
Michigan’s Specific Labor Laws
The state statutes with supplement federal labor laws include the following:
|
Benefit |
State Law |
Additional Benefits |
|
Right to Work |
No |
|
|
State Minimum Wage |
$7.40 |
For employers with 2 or more employees; not applicable to those subject to FLSA unless state minimum is higher than the federal minimum wage; maximum tip credit $4.50; minimum wage for tipped employees $2.65 |
|
State Military Leave |
Yes |
State or U.S. servicemen may take unpaid leave, as may employees enlisting or applying for enlistment; reinstatement is generally guaranteed; application for reinstatement must be within 15 days of service termination |
|
Jury Duty |
Yes |
Unpaid leave; no additional hours required beyond normal working hours to make up time off |
|
Voting |
No |
|
|
Garnishment |
Yes |
Fee of $6 per each writ of garnishment; employment protection, even if driver’s or professional/occupational license suspended due to garnishment, unless that license is essential to employment |
|
State Family & Medical Leave |
No |
|
|
Arrest & Conviction Records |
Yes |
Prohibited from asking about arrests or misdemeanor charges that did not result in conviction; employees may refuse to disclose information that is protected under state/federal civil rights laws |
|
Discrimination |
Yes |
1 or more employees; age; national origin; disability (physical or mental), HIV/AIDS; gender; marital status; pregnancy/childbirth; race; religion; genetic testing; height or weight; arrest record |
|
Whistleblower |
Yes |
For both public and private employees; may file civil suit within 90 days to recover damages, attorney’s fees, court costs, lost wages, benefits, reinstatement, injunction, and seniority |
|
Plant Closings |
Yes |
For permanent closure of businesses with 25 or more employees; encouraged to give notice to employees, their representatives, and the community as soon as possible; Department of Labor may help study the option of employees forming their own business. |
*These laws change often, so consult local statutes for the most up-to-date information.
Michigan Discrimination Laws
Michigan has enacted discrimination laws to supplement federal discrimination laws providing protection based on race, color, religion, sex, or national origin. The following provisions reveal the state guidelines for filing discrimination claims or lawsuits within the state of Michigan:
- Private lawsuits for discrimination claims are not preempted by state agencies.
- Employees are permitted to pursue private lawsuits whether or not they have pursued claims through state agencies.
- Employees with winning claims or suits are permitted to recover attorney’s fees from a defendant
- The statute of limitations for Michigan discrimination claims is 3 years
Filing a Claim for Wrongful Termination
Claims for wrongful termination generally begin with an investigation to determination their validity. If they are found to have merit, agencies generally proceed to mediate a settlement or seek conciliation. If that is impossible, the agency may file a lawsuit on the employee’s behalf, or the agency may drop the claim and allow the employee to pursue it in a private lawsuit.
Legal Remedies for Wrongful Termination
There are a number of possible remedies that may be obtained through EEOC claims or lawsuits. They may include the following, depending on the violation:
- Reinstatement of former benefits and position
- Back pay
- Compensation for stress and suffering
- Injunctive relief in the workplace
- Attorney’s fees and court costs
- Punitive damages
Employers in Michigan who violate federal or state discrimination laws may also face additional penalties:
Jury duty – misdemeanor charge, with fines of up to $500 and/or 90 days in prison; or contempt of court charges, with fines of up to $7,500 and/or up to 93 days in jail
Garnishment – general garnishment, for illegal termination, reinstatement and lost wages and benefits; for child support withholding violations, misdemeanor conviction, with fines of up to $500, reinstatement; and back pay
Whistleblower – civil fines of up to $500
While Michigan has only a few supplemental labor laws addressing wrongful termination or discrimination in firing, state agencies and employee rights attorneys also pursue claims and suits addressing violations of federal laws. With all of the details that vary so widely by state, it is wise to retain an employee rights attorney to assure that employees are being thoroughly protected under discrimination and wrongful termination laws.
Local Resources
EEOC Regional Offices
Detroit Field Office
477 Michigan Avenue, Room 865
Detroit, MI 48226
313-226-4600 or 800-669-4000
TTY: 313-226-7599 or 800-669-6820
FAX: 313-226-4610
Department of Civil Rights
Detroit, MI
313-456-3700
www.michigan.gov/mdcr